Criminal Record Restrictions
Michigan background checks are subject to a few restrictions as outlined below, but there is no statewide ban the box legislation that applies to background checks in Michigan. Right now, backgroundchecks.com can provide state background checks for Michigan and 44 other states. The main restriction to consider in a Michigan background check is that applicants are protected from disclosing minor misdemeanors and arrests that did not result in a conviction.
Misdemeanor Arrest Restrictions:
Michigan state law (MI Comp. Laws § 37.2205a) prohibits inquiry into misdemeanors arrests, detentions, and dispositions where a conviction did not occur. An applicant is legally allowed to withhold information about such arrests during the application process. This doesn’t apply to felony charges awaiting a conviction or dismissal. Local minor misdemeanors -- those punishable by less than 93 days -- are not required to be reported to ICHAT.
Expunged or Sealed Records:: It is not unlawful to withhold disclosure of an expunged or sealed record, though these may still appear on a criminal background check report. Individuals sent to juvenile diversion programs or sentenced under the Holmes Youthful Trainee Act generally have sealed records.
In addition to this restriction, you won’t be able to find federal records, traffic records, juvenile records, or tribal records through an ICHAT search.
City of Detroit Employers
Public employers and public contractors in Detroit are prohibited from inquiring into or considering criminal conviction in the employment process until after the applicant has been selected for an interview (Detroit Municipal Code §§ 13-1-11, 12, 13). Employers are exempt from this restriction when hiring for positions where other federal or state laws require a criminal background check to be conducted. A good example of
While it’s not currently illegal to inquire about credit history when making employment decisions in Michigan, proposed legislation to ban such inquiries has been brought before the state legislature several times and could be passed in the future. A good example of this exemption is hiring for school positions.
Keep in mind that unless required by another statute or executive order, Title VII of the US Civil Rights Act prohibits blanket policies against accepting applications or hiring anyone with a criminal conviction. Such decisions should be made on an individual basis. The Equal Employment Opportunity Commission (EEOC) recommends considering factors like the severity of the offense, how long ago it occurred, and its relevance to job requirements and duties.