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Michigan background check laws for employers
Michigan has no ban-the-box or fair-chance law for private employers. State civil rights law bars employers from asking about or keeping records of misdemeanor arrests that did not lead to a conviction, and sharing set-aside convictions is restricted. Health facilities must run criminal history checks on direct-access workers.
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Fair-chance hiring (criminal history)
- No Michigan law limits when private employers may ask about convictions or requires a fair-chance assessment or notices.
State consumer report rules
- No Michigan law was found that adds disclosure, consent, or copy-of-report steps for employment background checks beyond the federal FCRA.
How far back a report can go
- No Michigan limit was found on how many years back a background report may go for convictions.
- Employers may not ask about, make, or keep a record of a misdemeanor arrest, detention, or disposition that did not lead to a conviction, though felony charges still pending may be asked about (MCL 37.2205a(1)).
- A person may lawfully leave out a non-conviction misdemeanor arrest when asked (MCL 37.2205a(1)).
- Someone who knows a conviction was set aside and still shares or uses it commits a misdemeanor, except a reporting entity is not liable for reporting a set-aside conviction that was a public record on the report date (MCL 780.623(5)-(6)).
Credit checks
- No Michigan law was found that limits employer use of credit reports beyond the federal FCRA.
Also good to know
- Covered health facilities may not hire people for regular direct access to patients until a criminal history check is done, and may not hire people with certain convictions (MCL 333.20173a).
Common questions
Can Michigan employers run a background check?
Michigan has no ban-the-box or fair-chance law for private employers. State civil rights law bars employers from asking about or keeping records of misdemeanor arrests that did not lead to a conviction, and sharing set-aside convictions is restricted. Health facilities must run criminal history checks on direct-access workers.
Does Michigan have a ban-the-box law for private employers?
No Michigan law limits when private employers may ask about convictions or requires a fair-chance assessment or notices.
How far back does a background check go in Michigan?
No Michigan limit was found on how many years back a background report may go for convictions.
Can Michigan employers run credit checks on applicants?
No Michigan law was found that limits employer use of credit reports beyond the federal FCRA.
Some rules for Michigan weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- MCL 37.2205a misdemeanor arrest records (legislature.mi.gov)
- MCL 780.623 set-aside records (legislature.mi.gov)
- MCL 333.20173a health facility checks (legislature.mi.gov)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.