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Employers in Michigan utilize background checks to confirm credentials and gain insight into a potential candidate’s criminal record, credit history, and driving background. Throughout this procedure, it is imperative to navigate through various federal, state, and local regulations crafted to promote equitable hiring practices and safeguard the rights of the applicant. Discover further insights into how employers can employ background checks in Michigan while ensuring adherence to legal requirements.

Throughout the hiring process, numerous employers seek additional insight into a candidate’s criminal background and employment history to ensure compatibility with their organization and to bolster workplace security. Employers have the option to conduct background checks internally or engage with third-party providers offering comprehensive screening services encompassing criminal records, credit histories, driving records, and beyond.

This guide elucidates how Michigan employers integrate background checks into their hiring procedures while adhering to federal, state, and local fair-hiring regulations. Executing background checks that are precise, streamlined, and compliant not only enhances clarity but also upholds a fair process for all involved parties.

What Is A Michigan State Background Check?

Employers have the flexibility to choose from various background checks to gather pertinent information about job candidates or volunteers. Commonly utilized background checks in Michigan include:

• National, federal, state, or county criminal background checks to uncover previous felony or misdemeanor convictions.
• Civil background checks to investigate judgments, including lawsuits and bankruptcies, particularly relevant for roles in finance and management.
• Credit checks to unveil a candidate’s credit history, encompassing collections and bankruptcies.
• Employment and education verification to validate work experience and educational qualifications.
• Driving records to authenticate license status and identify any traffic violations, especially pertinent for positions involving driving company vehicles or operating machinery.

Certain roles involving vulnerable populations like children or the elderly necessitate specific background checks in Michigan conducted through the state’s Department of Licensing and Regulatory Affairs. For instance, comprehensive background checks involving FBI fingerprints are mandatory for licensees, program directors, childcare staff, unsupervised volunteers, and adult household members in childcare homes at licensed childcare centers. Moreover, employees, contractors, and individuals with clinical privileges at nursing homes, hospices, county medical care facilities, Medicare-certified home health agencies, psychiatric hospitals, and some hospitals may require state and federal fingerprint-based criminal history checks if they have direct patient access.

Professions such as private security officers, law enforcement personnel, transportation workers, government employees, and teachers may necessitate specific background checks or investigations.

Certain checks, such as FBI fingerprint-based searches, may not be accessible through consumer reporting agencies (CRAs). However, state, federal, national, and county criminal background checks, as well as motor vehicle records checks, credit checks, and searches of sex offender and government watch lists, are available. Unless mandated by law to operate through a government agency, most organizations can collaborate with CRAs to obtain rapid and accurate reports tailored to their job requirements.

How Long Does A Background Check Take In Michigan?

The turnaround times for background checks can fluctuate based on the type and extent of the check, as well as whether you conduct the checks independently or engage a CRA’s services. Conducting your own background research typically elongates the process, particularly if you need to liaise with multiple agencies, submit request forms via mail, or physically collect records. On the other hand, collaborating with a professional background screener or CRA often yields quicker results, given their potential access to databases that expedite the search process. For instance, Rapid Hire Solutions maintains and manages over a billion individual records sourced from more than 2,100 federal, state, and local databases, facilitating shorter turnaround times while ensuring accuracy.

Whether you opt to work with a CRA or utilize Michigan’s Internet Criminal History Access Tool (ICHAT) for independent searches, a Michigan state criminal background check and motor vehicle records check can typically be finalized within a day. However, the timeline for county court records, encompassing criminal cases and upper or lower civil court matters, tends to be more variable. In instances where county court records are not digitized and necessitate a visit to the courthouse, the process may extend over several days or even more than a week to complete the search. Similarly, verifying employment or education may span a week or longer, contingent on the number of sources and their accessibility for contact.

How Far Back Does A Background Check Go In Michigan?

While some states impose a seven-year look-back period for employment background checks, Michigan does not have such limitations. However, several factors can influence the duration for which results are accessible, including state laws, record-keeping practices, and compliance with the Fair Credit Reporting Act (FCRA).

Although criminal convictions can remain on a candidate’s record indefinitely in Michigan, the enactment of “Clean Slate” bills in 2021 has begun to restrict employers’ access to certain criminal records:

• House Bills 4219 and 4220, effective February 2022, rendered some first-time operating while intoxicated convictions eligible for expungement.
• A package of House Bills effective April 2023 will automatically seal certain non-violent convictions from public criminal records if the individual remains conviction-free for seven years for misdemeanors and ten years for felonies.
• Public Act 362, effective March 24, 2021, sealed juvenile court records from public visibility.
• Public Act 361 amended Michigan’s set-aside process for juvenile records, allowing application for expungement one year after the termination of court jurisdiction. It also established a mechanism for automatic expungement of juvenile records, to be implemented by July 3, 2023.

Similarly, certain information on driving records in Michigan has temporal limitations. Records of tickets are retained for seven years, while convictions for felonies, such as driving while intoxicated, persist indefinitely.

Under the FCRA, if employers collaborate with a CRA for background checks, reporting is restricted to seven years for arrests that didn’t result in convictions, as well as for liens, collections, civil judgments, and bankruptcies. However, this seven-year limitation doesn’t apply to positions with salaries of $75,000 or more or to searches conducted directly by employers (not through a CRA).

In cases where CRAs aren’t involved, several background searches have unlimited time scopes. Employers can verify education, employment history, credentialing, or licensing for as far back as necessary. Nevertheless, if CRAs handle these services, the scope might be confined to seven years.

How To Get A Background Check In Michigan

You have the option to conduct a name-based criminal history search independently through the ICHAT tool, managed by the Michigan State Police’s Criminal Justice Information Center. Alternatively, you can explore county criminal and civil court records using the county resources provided.

While it’s possible to perform some candidate background checks on your own, many employers opt to delegate these tasks to a consumer reporting agency (CRA) instead. Collaborating with a CRA, such as Rapid Hire Solutions, streamlines the process and saves time by offering a single platform for criminal and civil court checks, credit histories, motor vehicle records, and more. Moreover, a reputable CRA can assist in ensuring legal compliance during checks, which is crucial for avoiding fines and potential legal actions.

Background Check Laws In Michigan

Ensuring compliance can be intricate for employers in Michigan, who must adhere to various federal, state, and local laws governing background checks. These encompass federal regulations outlined in the FCRA and guidance from the Equal Credit Opportunity Commission (EEOC) under Title VII of the Civil Rights Act, along with a statewide fair hiring law applicable to public sector workers. Moreover, Michigan employers must comply with relevant county- and city-wide ban-the-box laws, detailed in the county resources provided below.

Employers in Michigan utilizing a CRA for background checks must meet FCRA requirements, which entail:

• Notifying candidates of the intent to conduct background checks as part of the hiring process.
• Obtaining written consent from candidates before initiating background checks.
• Following the adverse action process when opting not to extend an offer of employment.

EEOC guidance prohibits discrimination based on protected characteristics such as race, national origin, sex, religion, disability, genetic information, or age (40 or older), applicable across the US. To avoid disparate impact on certain protected classes, the EEOC recommends refraining from considering arrests not resulting in conviction and conducting a job-specific individualized assessment before rejecting a job applicant based on a criminal conviction.

EXECUTIVE DIRECTIVE 2018-4

EXECUTIVE DIRECTIVE 2018-4 mandates a ban-the-box law in Michigan for criminal background checks concerning public sector employees. Public employers in Michigan can inquire into criminal history only after an initial interview or conditional offer of employment has been extended. Initial job applications may request affirmation of good character but may not delve into past felony convictions.

MI COMP. LAWS § 37.2205A

MI COMP. LAWS § 37.2205A stipulates that during pre-employment background checks, Michigan employers cannot inquire about misdemeanor arrests not resulting in convictions (including pending misdemeanors), though they may inquire about misdemeanor convictions and felony arrests.

EXECUTIVE DIRECTIVE 2019-10

Executive Directive 2019-10 endeavors to mitigate gender wage disparity by imposing limitations on an employer’s ability to inquire about a candidate’s salary history or present salary. Among the principal constraints of this directive are:

• Employers are prohibited from soliciting a candidate’s current salary or salary history until after extending a conditional offer of employment.
• Employers are mandated to refrain from accessing a candidate’s salary or salary history via public databases.
• Employers must exercise caution to prevent unintentionally uncovering salary history while gathering other candidate-related information.
• Compensation information may be solicited or validated prior to extending a conditional job offer if the candidate has willingly provided the information or if such disclosure is mandated by law.

MI RULES OF COURT, RULE 1.109

Michigan Rules of Court, Rule 1.109 governs the utilization of personal identifying information in court records in Michigan, aiming to safeguard privacy. However, as of April 1, 2022, employers and CRA employees may access birth dates on criminal records for identity verification purposes, provided they have obtained the candidate’s consent.

Adhering to federal, state, and local fair hiring regulations poses a challenge for employers. In cases where multiple regulations exist, employers may opt to adhere to the most stringent guidelines. Nonetheless, simply keeping track of all applicable regulations can be arduous. Engaging with a background screening service that adheres to all federal, state, and local requirements streamlines the process and aids in ensuring ongoing compliance.