How to File a Public Records Request in Michigan
Michigan's Freedom of Information Act (FOIA), enacted as Public Act 442 of 1976 and codified at MCL §§ 15.231–15.246, guarantees all persons — except those incarcerated in state or local correctional facilities — the right to inspect and receive copies of public records held by Michigan public bodies. The law applies broadly to local governments, state agencies, school districts, and other public entities. Upon receiving a written FOIA request, a public body must respond within 5 business days (or 6 business days if the request was submitted by fax or email, which is not considered received until one business day after transmission). The response may be a grant, denial, partial grant, or an extension of up to 10 additional business days. Michigan's FOIA is a pro-disclosure statute: the burden of proof to justify withholding falls on the public body, not the requester.
The Michigan Freedom of Information Act
- Statutory Citation
- Michigan Compiled Laws (MCL) §§ 15.231–15.246 (Public Act 442 of 1976)
- Response Deadline
- 5 business days
- Fee Provisions
- Under MCL § 15.234, public bodies may charge fees to cover the costs of search, examination, review, separation of exempt from nonexempt material, duplication, and mailing. Fees must be itemized and reasonable, and may be charged only when not doing so would result in unreasonably high costs to the public body. Labor costs may not exceed the hourly wage of the lowest-paid employee capable of handling the request. If a public body fails to respond within the statutory deadline, the allowable fee must be reduced by 5% for each day the response is late, up to a maximum 50% reduction. Fee waivers or reductions are available upon a showing of indigency or public interest.
- Key Exemptions
- MCL § 15.243 enumerates major exemptions from disclosure, including: personnel records where disclosure would constitute an unwarranted invasion of privacy; law enforcement records that would interfere with ongoing investigations or prejudice custodial facility security; attorney-client privileged communications; medical records; trade secrets and proprietary commercial information; records protected from disclosure by other statutes; and home addresses and personal information of certain public employees. Exemptions are construed narrowly — the public body must justify each withholding.
- Appeal Process
- Under MCL § 15.240, a requester who receives a denial may (1) submit a written appeal to the head of the public body (the appeal must include the word 'appeal' and state the reasons for reversal) within the statutory period; the public body head has 10 business days to respond. If that appeal is denied or ignored, the requester may (2) file a civil action in the circuit court within 180 days of the public body's final denial. Courts review denials de novo, with the burden of proof on the public body. If the requester prevails, the court shall award reasonable attorney fees, costs, and disbursements under MCL § 15.240(6). Arbitrary or capricious violations may result in a $1,000 civil fine against the public body.
- Ombudsman
- Michigan does not have a dedicated public records ombudsman. Requesters who need guidance may contact the Michigan Attorney General's office, which publishes a FOIA Handbook and offers general assistance, or seek help from the Reporters Committee for Freedom of the Press.
Read the full text of the Michigan Freedom of Information Act
City FOIA Guides in Michigan
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Michigan?
If you're dealing with missing records or unresponsive agencies in Michigan, Project Paper Trail can help you follow the paper trail on development approvals.
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