Background check laws by state > Michigan
Last Updated: June 2017
Employers that are either located in Michigan or hiring Michigan residents must abide by the Federal FCRA, and they should consider the following state laws. For more information on Michigan state laws, please visit the state legislature.
Michigan Complied Laws Act 453 - 37.2205a Employer, employment agency, or labor organization; record of information regarding misdemeanor arrest, detention, or disposition; failure to recite or acknowledge information; “law enforcement agency” defined.
An employer, employment agency, or labor organization, other than a law enforcement agency of this state or a political subdivision of this state, shall not in connection with the terms, conditions, or privileges of employment or membership request, make or maintain a record of information regarding a misdemeanor arrest, detention, or disposition where a conviction did not result. A person is not guilty of perjury or otherwise for giving a false statement by failing to recite or acknowledge information the person has a civil right to withhold by this section. This section does not apply to information relative to a felony charge before conviction or dismissal.
This is not a law that regulates CRAs. The responsibility for compliance is on the employer.
In other words:
Employers in Michigan cannot ask for, assemble or keep information on an applicant’s misdemeanor arrests, detentions, or dispositions that did not result in convictions. However, CRAs may still report on felony charges that have not yet resulted in conviction or dismissal.
If you find that your criminal records are incorrect or incomplete and you would like to take action, you should contact the specific jurisdiction in which the records were originally filed.
Feel free to take a look at some of these resources for more information:
Procedure to check criminal history records
Procedure without fingerprints
Procedure to set aside a conviction
Suppression of records (nonpublic)
Procedure to correct a court disposition
All of the following are included in civil records: judgments, liens, evictions, family and small claims cases. If you would like to dispute a record, contact the court in which the record was filed.
In order to set a standard around hiring policies, the federal government has created the Fair Credit Reporting Act or FCRA to monitor and protect both employers and job seekers. With this law, individuals are protected from unfair workplace discrimination and data breaches of their private, sensitive information. Interested in learning more? Check out GoodHire’s 10-step process for legally obtaining background reports. Be sure to read the official FCRA full text or summary legal document for more details.
Find any court in the USA: Court Locator Tool http://www.uscourts.gov/court_locator/CourtLocatorSearch.aspx
GoodHire tries to update and correct the information provided for this state regularly, but we cannot make the guarantee that everything is fully up-to-date. Laws and regulations change often. This information is not meant to be used as legal advice, solicitation, or advertising. We always recommend speaking to a lawyer before taking any legal action. Please contact us if you find something that is incorrect or out-of-date on our site.