State law · For employers
Michigan background check laws for employers
What Michigan law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.
Reviewed
Primary sources
7 laws cited
At a glance
The Michigan rules on each topic, in one line. Federal law applies to every topic.
| Topic | Michigan rule |
|---|---|
| Criminal history questions | No state rule. Federal law applies. |
| Limits on what a report includes | No state 7-year rule and no state consumer reporting act; the federal FCRA governs what a report may contain. |
| Sealed and expunged records | Michigan’s Clean Slate law sets aside eligible convictions automatically, with no application. |
| Credit checks | No state rule. Federal law applies. |
| Salary history | No state rule. Federal law applies. |
| Cannabis | No off-duty protection. The adult-use law (MRTMA) does not require an employer to permit or accommodate marijuana use in the workplace or on employer property, and lets an employer refuse to hire, discharge, or discipline a person for violating a workplace… |
| Drug testing procedures | No state rule. Federal law applies. |
| State consumer reporting law | No state rule. Federal law applies. |
What a background check report may include
Who it covers: Employers, employment agencies, and labor organizations (MCL 37.2205a); not state or local law enforcement agencies.
No state 7-year rule and no state consumer reporting act; the federal FCRA governs what a report may contain. One state inquiry limit binds employers directly: an employer, employment agency, or labor organization may not request, make, or keep a record of a misdemeanor arrest, detention, or disposition that did not end in conviction. Pending felony charges are outside the rule. A person who withholds that information is not guilty of perjury or a false statement. Set-aside (expunged) convictions become nonpublic records open only to listed agencies.
Exceptions
- MCL 37.2205a: does not apply to a felony charge before conviction or dismissal
- MCL 37.2205a: does not apply to state or local law enforcement agencies (including the Department of Corrections)
MCL 37.2205a (Elliott-Larsen Civil Rights Act) · MCL 37.2205a · MCL chapter 445 act index (Trade and Commerce): no consumer reporting act listed
Sealed and expunged records
Who it covers: All employers (a set-aside record is not available to them through public sources).
In force since: April 11, 2021
Michigan’s Clean Slate law sets aside eligible convictions automatically, with no application. Misdemeanors are set aside 7 years after sentencing; felonies 10 years after sentencing or release from prison, whichever is later. Lifetime caps: 2 felonies and 4 misdemeanors (the misdemeanor cap does not count the lowest-level misdemeanors). Assaultive crimes, serious misdemeanors, crimes of dishonesty, and other listed offenses are excluded. The automatic process started 2 years after the act’s April 11, 2021 effective date (April 2023). After a set-aside, the person is treated for purposes of the law as not previously convicted (MCL 780.622). The conviction is kept as a nonpublic record that only listed agencies may see.
Exceptions
- MCL 780.621g(10): excluded categories (assaultive crimes, serious misdemeanors, crimes of dishonesty, and others listed)
- MCL 780.623(2): the nonpublic record stays open to courts, law enforcement, licensing boards, and listed agencies
MCL 780.621g(1) · MCL 780.621g(2)(a) · MCL 780.621g(5) · MCL 780.621g history · MCL 780.623(2)(e) · MCL 780.622(1)
Cannabis use and testing
Who it covers: All employers.
In force since: December 6, 2018
No off-duty protection. The adult-use law (MRTMA) does not require an employer to permit or accommodate marijuana use in the workplace or on employer property, and lets an employer refuse to hire, discharge, or discipline a person for violating a workplace drug policy or for working while under the influence. The medical marijuana law (MMMA) likewise requires no accommodation of ingestion in the workplace or of an employee working under the influence. There is no limit on pre-employment THC testing.
MCL 333.27954(3) (MRTMA) · MCL 333.27954(3) · MCL 333.26427(c)(2) (MMMA) · MCL 333.27954 history (MRTMA)
Where federal law alone applies
We found no Michigan rule for private employers on these topics. The FCRA and other federal laws still apply.
- Criminal history questions
- Credit checks
- Salary history
- Drug testing procedures
- State consumer reporting law
Local rules
Some places in Michigan add their own rules. A local rule applies on top of the state rule.
- Detroit (city). Two layers. (1) City contractors on contracts of $25,000 or more, for positions that fulfill the city contract: no inquiry into, consideration of, or required disclosure of conviction history until after a conditional offer; individualized assessment and notice duties before revoking an offer (City Code ch. 17 art. V div. 6, secs. 17-5-261 to 17-5-272, Ord. 2021-47, eff. December 1, 2021). (2) Citywide, every employer: may not request, make, or keep records of misdemeanor arrests, detentions, or dispositions without a conviction (City Code sec. 23-4-6), which mirrors MCL 37.2205a.
Detroit City Code secs. 17-5-261 to 17-5-272 (Ord. 2021-47) and sec. 23-4-6 - Grand Rapids (city). Human Rights Ordinance: employers with 1 or more employees may not discriminate on the basis of a conviction record unless it is a bona fide occupational qualification (sec. 9.959(3)(b)). Adopted August 27, 2019, effective December 1, 2019.
Grand Rapids City Code Title IX ch. 176 secs. 9.955-9.973 (Ord. 2019-43) - Kalamazoo (city). Nondiscrimination Ordinance (adopted September 8, 2020): arrest record and conviction record are protected classes for every employer with 1 or more employees, covering hiring, pay, and promotion (City Code ch. 18). City bidders over $25,000, tax-abatement applicants, and Economic Opportunity Fund recipients carry extra ex-offender hiring conditions under City Commission policies 70.7, 30.5, and 30.2. Same MCL 123.1384 preemption question as Grand Rapids.
Kalamazoo City Code ch. 18 'Nondiscrimination' (Ord. 2013, September 8, 2020); City Commission Policy 70.7 (June 1, 2016)
Adverse action notices
Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Michigan requirements where they apply.
The waiting period calculator gives the date under the federal rule.
Paperwork at hire
Besides the federal Form I-9 and W-4, Michigan sets these for each new hire.
- State withholding. Get a completed MI-W4 from each new employee on or before the first day of work; the federal W-4 cannot replace it. If the employee does not file one, withhold with no exemptions. Form MI-W4
- New hire report. Report each new hire to Michigan within 20 days. State new hire reporting
- Notices at hire. Earned Sick Time Act (ESTA) written notice of employee rights.
Build the new hire checklist for Michigan, with city rules, special cases and a due date for each item.
Sources
- MCL 37.2205a (Elliott-Larsen Civil Rights Act)
- MCL chapter 445 act index (Trade and Commerce): no consumer reporting act listed
- MCL 780.621g(1)
- MCL 780.623(2)(e)
- MCL 780.622(1)
- MCL 333.27954(3) (MRTMA)
- MCL 333.26427(c)(2) (MMMA)
- Detroit City Code secs. 17-5-261 to 17-5-272 (Ord. 2021-47) and sec. 23-4-6
- Grand Rapids City Code Title IX ch. 176 secs. 9.955-9.973 (Ord. 2019-43)
- Kalamazoo City Code ch. 18 ‘Nondiscrimination’ (Ord. 2013, September 8, 2020); City Commission Policy 70.7 (June 1, 2016)
Last reviewed · General information, not legal advice.
After the hire
Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.