Michigan Background Check Laws

Michigan does not have a statewide ban-the-box law that applies to private employers. However, some local jurisdictions within Michigan may have their own ban-the-box ordinances. Public employers at the state level are generally restricted from inquiring about criminal history until later in the hiring process.

While Michigan does not have a state-level equivalent to the FCRA, employers must still comply with the federal FCRA when using third-party consumer reporting agencies for background checks. This includes providing proper disclosures, obtaining consent, and following adverse action procedures. Michigan law does not impose additional requirements beyond the FCRA for these processes, but employers must be mindful of how state laws, particularly regarding criminal records, interact with FCRA-compliant reports.

Michigan law generally prohibits employers from inquiring about or considering certain criminal records. Specifically, employers cannot inquire about or consider: (1) an arrest that did not result in a conviction; (2) a conviction that has been expunged or set aside; or (3) a misdemeanor conviction for which the individual was sentenced to a fine or forfeiture only. (MCL 37.2205a).

Michigan has significantly expanded its expungement laws, often referred to as the 'Clean Slate' laws. Employers are generally prohibited from inquiring about or considering convictions that have been expunged or set aside. If a record has been expunged, it should not appear on a background check report, and if it does, it cannot be used in an employment decision. Employers should be aware that many more convictions are now eligible for expungement under Michigan law, making it crucial to ensure background check reports are up-to-date and compliant with these changes. (MCL 780.621 et seq.)