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MC 392, Order Regarding Destruction of Biometric Data and Arrest Record, page 1
Basic · 35/100Form Complexity Index

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What this form asks for

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Form MC 392, Order Regarding Destruction of Biometric Data and Arrest Record, is a legal document used by Michigan courts. It is issued after a hearing to decide on a motion to expunge a person's arrest record and associated biometric data, such as fingerprints and photographs. This order is crucial for individuals seeking to clear their record after an acquittal, dismissal, or other qualifying event. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields33
Pages1
Form Complexity IndexBasic, 35/100

The AI checks your answers before you download

12 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Mutually Exclusive Order Selection

This validation ensures that only one of the two primary order checkboxes ('not destroy or return' or 'immediately destroy') is selected. It is logically impossible for both to be true. This check is critical to prevent ambiguity in the court's final order, which could lead to incorrect action or inaction by the arresting agency and state police.

Order Date and Hearing Date Chronology

This check verifies that the 'IT IS ORDERED' date is on or after the 'hearing date'. A judicial order cannot be issued before the hearing on the matter has taken place. If the order date precedes the hearing date, it indicates a data entry error that invalidates the document's timeline and legal sequence of events.

Case Number Presence and Format

Validates that the 'CASE NO.' field is not empty and conforms to the expected format for the specified judicial circuit/district. The case number is the primary unique identifier for the court proceeding. Without a valid and correctly formatted case number, the order cannot be filed or linked to the correct legal record.

Date of Birth (DOB) Validity

This check ensures the 'DOB' field contains a valid date that is in the past and represents a reasonable age for a defendant. It should reject future dates, invalid date formats (e.g., 02/30/2000), and dates that are excessively far in the past (e.g., over 120 years ago). This validation is important for correctly identifying the individual and for cross-referencing with other records.

Judge's Bar Number Format

This validation verifies that the 'Bar no.' associated with the judge's signature follows the official Michigan State Bar format, which typically starts with a 'P' followed by a sequence of digits. An invalid bar number could indicate a data entry error or call into question the authority of the signatory. This ensures the order is authenticated by a valid member of the judiciary.

Defendant Name Consistency

This check compares the 'Name of defendant/juvenile' in the body of the motion text with the name provided in the 'Defendant/Juvenile name, address, and telephone no.' field at the top. While a perfect match isn't required, it flags significant discrepancies. This is crucial to ensure the order is being applied to the correct individual throughout the document.

And 6 more checks
  • Mailing Date and Order Date Chronology
  • Charge Information Group Completeness
  • ORI Number Format
  • Required Defendant Identifiers
  • Court Jurisdiction Completeness
  • Police Report Number Presence

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How to Fill Out MC 392 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select the MC 392 form.
  2. Enter the court and case details, including the judicial district/circuit, county, case number, and police report number.
  3. Provide the defendant's or juvenile's full name, address, date of birth, and other identifying numbers (CTN/SID).
  4. List the specific crimes, charge codes, and MCL citations for which the record destruction is being considered.
  5. Input the date the hearing on the motion was held.
  6. The judge will complete the order section, checking the box to either deny or grant the destruction of records, then date and sign the order.
  7. Review all information for accuracy before the court clerk completes the Certificate of Mailing to distribute the order to all relevant parties.

Common Mistakes in Completing MC 392

The ones the AI is built to catch.

Incorrect Case and Police Report Numbers
Entering the wrong 'Case No.' or 'Police Report No.' is a frequent error, often due to a simple typo. Since these numbers are the primary identifiers for the legal record, a mistake here can cause the order to be rejected by the court clerk or misfiled, leading to significant delays in the destruction of records. Always double-check these numbers against the original court and police documents before submission.
Missing Critical Identifiers (CTN/SID/ORI)
Applicants often leave the 'CTN/TCN', 'SID', or 'ORI' fields blank because they don't know what they are or where to find them. These numbers (Charge Tracking Number, State ID, Originating Agency Identifier) are crucial for law enforcement agencies to locate the correct records for destruction. Leaving them blank will likely result in the agency being unable to comply with the order, rendering it ineffective.
Vague or Incorrect Crime and Charge Code Information
This form requires the specific 'MCL citation/PACC Code' and official 'CRIME' description, not a colloquial summary. People often write something like 'shoplifting' instead of the precise statutory citation and charge code. This lack of specificity can lead to ambiguity and rejection, as the court and police need the exact legal charge to process the destruction request correctly.
Incomplete Defendant/Juvenile Contact Information
The field for 'Defendant/Juvenile name, address, and telephone no.' is sometimes filled out incompletely, missing a current address or phone number. This is critical because the court and agencies must serve copies of the order and certification of destruction to the individual. Incomplete information can prevent proper notification and legal service, jeopardizing the entire process.
Forgetting the 'Juvenile' Checkbox
When the case involves a minor, it is essential to check the 'Juvenile' box. Overlooking this simple step is a common mistake that can cause significant processing errors. The legal procedures and record-handling protocols for juveniles are different from those for adults, and failing to identify the case as such can lead to the application being processed under the wrong standards.
Inconsistent Defendant Name
A person's name may appear in multiple places on the form, such as the header and the main body ('Name of defendant/juvenile'). It is a mistake to use variations, such as using a middle initial in one place but not another. The name must be written identically in all fields to ensure legal consistency and avoid any confusion when linking the order to the correct person's records.
Omitting Court Jurisdictional Details
The 'Judicial District', 'Judicial Circuit', and 'County' fields at the top of the form are essential for routing the document correctly within the Michigan court system. People unfamiliar with the court structure may leave these blank. An order without proper jurisdictional information cannot be filed and will be returned, causing unnecessary delays.
Failure to Complete the Certificate of Mailing
After the judge signs the order, the party responsible for mailing it to all other parties (prosecutor, police, etc.) must sign and date the 'Certificate of Mailing'. Forgetting this step means there is no official record that service was completed. This can invalidate the proof of service, creating legal challenges and potentially requiring the process to be repeated.
Incorrect Date of Birth (DOB) Entry
Entering an incorrect Date of Birth is a common data entry error. The DOB is a key piece of identifying information used by law enforcement to pinpoint the exact arrest record. A single digit error can cause a mismatch, leading the agency to report that no record was found, thereby preventing the destruction of the actual record.
Illegible Handwriting on a Printed Form
This form is a non-fillable PDF, meaning it must be printed and filled out by hand. Poor or illegible handwriting can make critical information like names, case numbers, and charge codes unreadable. This often leads to rejection by the court clerk or data entry errors by agency staff. Using an AI tool like Instafill.ai can convert the form into a fillable version, allowing you to type directly into the fields for perfect clarity and legibility.

Frequently Asked Questions About MC 392

 

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How does the AI fill out MC 392?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of MC 392, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is MC 392 to fill out?
MC 392 has a Form Complexity Index of 35 out of 100, in the basic tier: 33 fillable fields across 1 page. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of the 'Order Regarding Destruction of Biometric Data and Arrest Record' form?
This is a legal document issued by a Michigan court that officially orders law enforcement agencies to either destroy or retain an individual's biometric data (like fingerprints) and arrest record for a specific case.
Who needs to fill out this form?
You do not fill out this form yourself. A judge completes and signs this order after you have filed a separate motion and a hearing has been held on your request to destroy your records.
How do I get a judge to issue this order for me?
You must first file a 'Motion' with the court to request the destruction of your arrest record and biometric data. This form, MC 392, is the final order that results from that legal process.
What does 'biometric data' include?
Biometric data refers to unique physical characteristics collected during an arrest, such as your fingerprints, palm prints, and photographs (mugshots).
What happens after the judge signs this order?
If the judge checks 'immediately destroy,' the arresting agency and Michigan State Police must destroy your records. If the judge checks 'not destroy,' your records will be kept.
How will I know if my records have actually been destroyed?
The order requires the law enforcement agencies to 'provide certification of that fact to the defendant/juvenile' after they have destroyed the records. You should receive a confirmation document.
Where can I find information like the CTN, TCN, or SID number?
These case-related identification numbers are typically found on your original arrest or court paperwork. If you cannot find them, you may need to contact the court clerk or your attorney.
Who receives a copy of this signed order?
Copies are officially distributed to the court, the arresting agency, the Michigan State Police Criminal Justice Information Center (CJIC), the prosecutor, and you (the defendant/juvenile).
What happens if the judge orders that my records should not be destroyed?
If the judge denies your request, your biometric data and arrest record will be retained by the law enforcement agencies as permitted by law and will continue to appear on background checks.
How long does it take for the records to be destroyed once ordered?
The order uses the term 'immediately destroy,' meaning the agencies are directed to act without delay. The exact processing time can vary by agency, but it is intended to be a prompt action.
Can AI tools help me with this process?
Yes. While you don't fill out this specific order, AI-powered services like Instafill.ai can help you accurately and quickly complete the initial motion form required to start the record destruction process.
How can I use Instafill.ai to help with my case?
You can use Instafill.ai to fill out the motion form you file with the court. Upload the correct motion form to the platform, and its AI will help you populate the fields with your case information, saving time and reducing errors.
The motion form I need to file is a non-fillable PDF. What should I do?
Services like Instafill.ai are designed to solve this problem. You can upload the flat, non-fillable PDF, and the tool will convert it into an interactive form that you can easily fill out online.
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