Background Check in Michigan: Preparing Yourself for a Background Check

Lily Evans - December 13, 2024

Background checks are not the most enjoyable process for many of us, but they are often necessary when it comes to hiring practices and screening applicants for things like housing and employment. If you need to submit a background check in Michigan, you may be wondering what this report might show about you and how to properly prepare for this process. 

Our article gives you all of the details you need to know about Michigan background checks, including certain state laws that factor into these checks, so you can properly prepare yourself.

What Is a Background Check in Michigan?

A background check in Michigan is a state-level background check that looks at a person’s history within the state of Michigan. 

Typically, with Michigan background checks, requesters will be able to view someone’s history and criminal records that have occurred in Michigan. If criminal records are suspected outside of the state, or if a federal criminal record is suspected, these are separate background checks that will need to take place alongside the Michigan check.

Background checks are typically used to screen applicants to various programs and companies. They are an essential part of confirming identities and evaluating candidates for a variety of positions.

What Is Shown on a Michigan Background Check?

Many different things can be shown on Michigan background checks that allow the requester of the background check to review your personal history. Information can also be used to confirm your identity and check any criminal records or criminal history. 

Generally, individuals who request Michigan background checks are specifically looking for criminal records to ensure they are qualified for the job they’re applying for.

Items that can be shown on the Michigan background check include:

• Criminal records and criminal history details
• Civil court records
• Arrest records, in some situations
• Driving records, on some types of background checks
• Personal identifying information, such as address history and contact details
• Educational history
• Employment history
• Professional license or certification details

It’s important to note that certain types of background checks may be required to access highly specific or sensitive information, such as driving records, credit history, or eviction records. The person requesting your background check can give you a better idea of what the background check will be looking for. 

Why Are Michigan Background Checks Requested?

Michigan background checks may be requested for a number of different reasons. The most common reason why you might be asked to submit a Michigan background check is due to pre-hiring screening processes. 

Background checks are typically used by employers and companies to ensure that applicants will not present any harm or threat to the workplace. Checks also show that someone is well qualified for the job they are applying for.

Other important reasons for Michigan background checks include screening processes for applicants looking for housing, including Federal Housing programs. Background checks also verify applicants for certain professional licensing or educational programs.

Michigan Background Check Laws to Know

Michigan has several statutes in place, many of which are recent, that aim to prevent discrimination against those with criminal records. These laws also encourage a fair review of background checks. We give you details on these background check laws below.

Ban-the-Box Laws

These laws prevent employers from asking about criminal background checks during an initial application. Instead, employers will need to wait to ask about criminal history after an interview has been conducted or after a conditional offer of employment has been extended.

Clean Slate Laws

Clean Slate laws in Michigan limit access to certain types of criminal records, sealing certain types of criminal convictions from the public record in certain situations. 

For example, certain non-violent criminal convictions in Michigan are eligible to be sealed. They may also be removed from public record if that person has not had another criminal conviction for either seven or ten years, depending on the type of crime.

Clean Slate laws also seal many juvenile records from the public record and make certain first-time DUI convictions eligible to be set aside.

Elliott-Larsen Civil Rights Act

This act prevents employers in Michigan from asking about arrests or other related criminal processes that did not result in a conviction. However, this law does not apply to law enforcement agencies and certain other government or political employers, and it only applies to certain types of arrests.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law that employers and other individuals in Michigan must follow when requesting background checks. Under this law, written consent is required from a person before a background check is conducted, and a copy of their rights and intent to review the background check is also needed. 

Once the background check is conducted, a person will either pass or need to be given notice of adverse action, which is a separate process outlined by the FCRA. This process gives the person a chance to dispute the findings of the background check or provide further clarification.

What Is the Michigan Background Check Process?

The Michigan background check process involves a few important steps that employers must adhere to in order to ensure the process is fair. Below, we give you an overview of the general steps involved in the Michigan background check process.

1. The person requesting your background check will provide you with the intent to do so and request your written consent; you may be given a copy of your rights and details on what the background check is looking for at the same time.
2. Once you have consented to the background check, the requester will use an in-house or third-party background checking service to review your records.
3. If you pass the background check, the requester will give you details on the next part of the screening process.
4. If you fail the background check, the requester will need to give you notice of adverse action. This is a notice that you have the potential to fail based on what was seen in your report, and you now have a certain amount of time to provide clarification and dispute these findings.

It’s important to note that even if you are given notice of adverse action, you still have the potential to pass your background check. More details can be found in the FCRA’s adverse action notice section.

How Far Back Does a Background Check in Michigan Look?

Michigan does not have any laws limiting how far back a background check can look into your history. This lookback period varies depending on the type of background check being conducted and county and federal rules, and it is generally limited to around seven years of history. 

That being said, some types of criminal convictions, such as violent crimes, will stay on your criminal record background check indefinitely.

Additionally, Michigan has a few statutes passed as recently as 2023 that aim to limit the disclosure of certain minor criminal convictions. These limitations usually kick in once a certain amount of time has passed and any sentencing requirements have been met. 

You can check the details on your criminal record and legal professional if you think you qualify to have parts of your criminal record sealed.

How Long Will My Background Check in Michigan Take?

The length of time it takes for a background check in Michigan to be turned around depends on the type of service conducting the background check. It will also depend on whether or not the background check is using online records or tangible records from local courthouses. 

In general, online background checks conducted through a reputable third-party database can take minutes to days to turn around. Background checks that require searching through physical records can take days to weeks.

Background checks where a person has all of their history within Michigan and a limited criminal record may turn around faster than someone who has criminal history records or history outside the state.

Can I Hide Parts of My Public Record From a Michigan Background Check?

It is generally not possible to hide parts of your public record from a Michigan background check. This is because all Michigan background checks, including those that are unofficial and online background checks, utilize the public record to show a complete picture of information. 

Public record details will include information about your addresses, employment history, educational history, and criminal or civil court records.

There are two specific circumstances in which you could potentially hide parts of your public record. 

In the first, you will need to obtain a legal order of protection that states that you can remove details like your contact information from the public record as a matter of safety. In the other, you will need a legal professional to guide you through the process of criminal record sealing or expungement in Michigan.

With criminal record sealing, you can hide your records from the public’s view, and with expungement, you completely remove a criminal conviction from your record. Both of these things can stop this information from being shown on your next Michigan background check.

Your Michigan Background Check Rights

When it comes to a background check in Michigan, it’s important to understand your rights and the overall process for background check requests. Understanding both of these things can help you properly prepare for your next Michigan background check and ensure that your background check is being given a fair review.

If you have any questions about the background check that is requested from you, you can speak to the person requesting the background check. Alternatively, if you are concerned that your background check rights have been violated, reach out to a legal professional in your area.