Michigan Background Check Laws (2026 Guide)

Last verified: March 2026. This page reflects current Michigan Compiled Laws (MCL) including the Clean Slate Act (MCL 780.621 et seq.), the Bullard-Plawecki Employee Right to Know Act (MCL 423.501), and relevant federal law under the Fair Credit Reporting Act (15 U.S.C. 1681).

Table of Contents

• Overview of Michigan Background Check Laws
• Types of Background Checks in Michigan
• Michigan Clean Slate Act and Expungement
• Employer Background Checks and Ban the Box
• FCRA Requirements in Michigan
• Housing and Tenant Screening
• Professional Licensing Background Checks
• Lookback Periods and Reporting Limits
• Michigan Sex Offender Registry
• Frequently Asked Questions
• Sources and References

Overview of Michigan Background Check Laws

Michigan background check laws are governed by a combination of state statutes, executive directives, local ordinances, and federal regulations. The state does not impose a blanket seven-year lookback limit on criminal history reporting, which means that criminal convictions can generally appear on a background check indefinitely unless they have been expunged or set aside under the Clean Slate Act.

The primary tool for conducting criminal background checks in Michigan is the Internet Criminal History Access Tool (ICHAT), operated by the Michigan State Police Criminal Justice Information Center. ICHAT provides name-based searches of public criminal history records and is the only public resource of its kind in the state.

Michigan law addresses background checks across several contexts, including employment, housing, professional licensing, and volunteer screening. Each area has its own rules about when checks can be conducted, what information can be considered, and how the results may influence decisions.

Key statutes governing background checks in Michigan include:

• MCL 780.621 et seq. (Clean Slate Act, expungement and set-aside of convictions)
• MCL 423.501 et seq. (Bullard-Plawecki Employee Right to Know Act)
• MCL 28.721 et seq. (Sex Offenders Registration Act)
• MCL 37.2101 et seq. (Elliott-Larsen Civil Rights Act)
• 15 U.S.C. 1681 et seq. (Federal Fair Credit Reporting Act)

Types of Background Checks in Michigan

Michigan offers several methods for conducting background checks, each with different scopes and costs.

ICHAT (Internet Criminal History Access Tool)

ICHAT is the most commonly used tool for criminal background checks in Michigan. Operated by the Michigan State Police, it provides name-based searches of public criminal history records. Key details include:

• Cost: $10.00 per search
• Records included: All felonies and serious misdemeanors punishable by more than 93 days, reported by law enforcement, prosecutors, and courts across all 83 Michigan counties
• Records excluded: Federal records, tribal records, traffic offenses, juvenile records, local misdemeanors (93 days or less), criminal history from other states, suppressed records, and warrant information
• Availability: Results are available immediately online and remain accessible for seven days before automatic deletion

Fingerprint-Based Background Checks

For a more thorough check, fingerprint-based searches are available through the Michigan State Police at a cost of $42.00. These checks are typically required for certain professional licenses and government positions. Fingerprint checks can access both state and federal (FBI) databases, providing a more comprehensive result than name-based searches.

FBI Background Checks

Federal background checks through the FBI are required for certain regulated industries and positions. These checks search the national criminal database and are processed through authorized channeling agencies. They typically cost between $18 and $50 depending on the processing agency.

Michigan Clean Slate Act and Expungement

Michigan's Clean Slate Act, signed into law in October 2020 and expanded through subsequent legislation, represents one of the most comprehensive criminal record relief programs in the United States. The law significantly affects what appears on background checks by providing both automatic and petition-based expungement pathways.

Automatic Expungement

The automatic expungement program, which launched on April 11, 2023, runs daily to identify newly eligible convictions. The Michigan State Police system automatically processes qualifying records and notifies the courts. On its first day of operation, over one million residents were expected to receive automatic expungements.

Automatic expungement timelines:

• Eligible misdemeanors: Automatically set aside after 7 years from sentencing
• Eligible felonies: Automatically set aside after 10 years from sentencing or completion of any term of imprisonment, whichever is later
• Limits: No more than 2 felony convictions and 4 misdemeanor convictions (punishable by 93+ days) can be automatically set aside

Petition-Based Expungement

Individuals can also petition the convicting court to set aside convictions under MCL 780.621. The expanded eligibility allows:

• Up to 3 felony convictions and an unlimited number of misdemeanors to be expunged through petition
• No more than 2 assaultive crime convictions can be set aside in a person's lifetime
• No more than 1 felony conviction punishable by more than 10 years can be set aside

Waiting periods for petition-based expungement:

• Misdemeanors (non-serious): 3 years from the latest of sentencing, completion of probation, or release from imprisonment
• Serious misdemeanors or single felonies: 5 years from the latest of sentencing, completion of probation, discharge from parole, or release from imprisonment

Convictions That Cannot Be Expunged

Certain offenses are permanently excluded from both automatic and petition-based expungement:

• Felonies punishable by life imprisonment or attempts thereof
• Assaultive crimes (limited to 2 total set-asides)
• Serious misdemeanors (for automatic expungement only)
• Crimes involving minors, vulnerable adults, injury, serious impairment, or death
• Human trafficking offenses
• Crimes of dishonesty (for automatic expungement only)
• Offenses punishable by 10 or more years (for automatic expungement only)

Effect on Background Checks

Once a conviction is expunged, it is removed from public records including ICHAT. Expunged records generally cannot be disclosed to employers, landlords, or licensing agencies. The Michigan Attorney General's office provides resources and holds regular expungement fairs to help residents navigate the process.

Employer Background Checks and Ban the Box

Michigan's approach to employer background checks involves a patchwork of state directives, local ordinances, and a notable preemption law that limits municipal authority.

State Government: Executive Directive 2018-4

In September 2018, Governor Rick Snyder signed Executive Directive 2018-4, which functions as a ban-the-box policy for Michigan state government employment. The directive:

• Removed the felony conviction question from state job applications on NEOGOV
• Replaced the criminal history checkbox with an affirmation of good character statement
• Prohibits state departments from using criminal history as an initial screen for applicants
• Delays criminal history inquiries until after an initial interview or conditional offer of employment

This directive applies only to state government positions. It does not extend to private sector employers.

Private Employers: No Statewide Ban the Box

Michigan does not have a statewide ban-the-box law covering private employers. Private companies in Michigan may legally ask about criminal history on job applications and at any point during the hiring process, subject to federal FCRA requirements.

2018 Preemption Law (PA 164)

In a significant move, Michigan enacted a preemption law in 2018 that restricts local governments from adopting ordinances regulating what information employers can request on job applications or during interviews. This law effectively prevents most Michigan cities and counties from creating their own ban-the-box ordinances for private employers.

However, the preemption law does not apply to ordinances requiring criminal background checks for local licenses or permits.

Detroit Fair Chance Ordinance

Detroit's Fair Chance Ordinance predates the 2018 preemption law and remains a notable local regulation. The ordinance:

• Applies to employers with 4 or more employees within Detroit city limits
• Prohibits criminal history questions on job applications
• Delays criminal history inquiries until after a conditional offer of employment
• Covers both public and private employers operating in Detroit
• Includes a companion Fair Chance Housing Ordinance that extends similar protections to rental housing applications

Elliott-Larsen Civil Rights Act

The Elliott-Larsen Civil Rights Act (MCL 37.2101 et seq.) is Michigan's primary civil rights statute. While it does not specifically prohibit discrimination based on criminal history, it protects against employment discrimination based on religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, familial status, and marital status.

The act includes provisions about preserving the confidentiality of arrest records that did not result in conviction. Recent amendments through Act 200 of 2024 added "source of income" to the list of protected categories, effective April 2, 2025.

FCRA Requirements in Michigan

The Fair Credit Reporting Act (15 U.S.C. 1681) is the primary federal law governing how background checks are conducted and used in employment decisions. Michigan employers must comply with all FCRA requirements when using a third-party consumer reporting agency (CRA) to conduct background checks.

Consent and Disclosure

Before obtaining a background check through a CRA, Michigan employers must:

• Provide a clear and conspicuous written disclosure that a background check may be obtained
• The disclosure must be on a standalone document, separate from the employment application
• Obtain the applicant's written authorization before the check is conducted
• Clearly specify the types of information that will be obtained
• Provide a summary of rights under both federal and applicable state laws

Adverse Action Process

When an employer decides not to hire or to take other negative action based on background check results, the FCRA requires a two-step adverse action process:

Step 1: Pre-Adverse Action Notice. Before making a final decision, the employer must provide the applicant with a copy of the background check report and a summary of their rights under the FCRA. The applicant must be given a reasonable waiting period (typically 5 to 10 business days) to review and dispute any inaccurate information.

Step 2: Final Adverse Action Notice. If the employer proceeds with the adverse decision, they must provide written notice that includes the name and contact information of the reporting agency, a statement that the agency did not make the adverse decision, and notice of the applicant's right to obtain a free copy of the report and to dispute its accuracy.

Seven-Year Reporting Rule

Under the FCRA, certain types of negative information have a seven-year reporting limit for positions with an annual salary below $75,000. This includes arrests that did not result in conviction, civil judgments, tax liens, and accounts placed in collection.

Criminal convictions are not subject to the seven-year limit. Felony and misdemeanor convictions can be reported indefinitely under both federal and Michigan law, unless the record has been expunged under the Clean Slate Act.

Record Retention

Michigan employers must maintain records related to background checks and employment decisions for at least one year after making the employment decision. Other applicable laws may require longer retention periods.

Housing and Tenant Screening

Michigan landlords who conduct background checks on prospective tenants must comply with both the federal Fair Housing Act and state-level requirements.

General Requirements

• Written consent is required before running any background check on a tenant
• Landlords must disclose in writing whether the screening process includes evaluating the applicant's criminal record before accepting an application fee
• If criminal records are considered, the landlord must inform the applicant that they may provide documentary evidence of inaccuracies, rehabilitation, or other mitigating factors

Fair Chance Housing (Detroit)

Detroit's Fair Chance Housing Ordinance applies a ban-the-box approach to rental housing. Landlords in Detroit must:

• Issue a conditional offer based on income, credit, and rental history first
• Delay criminal history inquiries until after the conditional offer
• Allow exceptions for convictions related to arson, human trafficking, or certain recent felonies
• Permit sex offender registry checks at any time

Reusable Screening Reports

Under Michigan House Bill 5605, tenants may submit reusable screening reports. Landlords who accept these reports cannot charge the prospective tenant a separate rental application fee, reducing costs for applicants who apply to multiple properties.

Fair Housing Protections

The federal Fair Housing Act prohibits housing discrimination based on race, color, religion, sex, familial status, national origin, and disability. Blanket policies that deny housing based on any criminal record may have a disparate impact on protected groups and could violate fair housing laws. HUD guidance recommends that landlords conduct individualized assessments considering the nature, severity, and recency of the offense.

Professional Licensing Background Checks

Michigan requires criminal background checks for many professional licenses regulated by the Department of Licensing and Regulatory Affairs (LARA).

Workforce Background Check Program

LARA's Workforce Background Check program authorizes state and federal fingerprint-based criminal history record checks for employees, independent contractors, and individuals granted clinical privileges who have direct access to patients or residents. This program covers healthcare facilities, adult foster care homes, homes for the aged, and child care organizations.

Process for Licensure

Applicants for professional licensure typically must:

• Submit to a fingerprint-based criminal background check
• Use the Customer ID number and instructions provided in their application confirmation letter
• Pay the applicable processing fee
• Allow up to 30 days for the Michigan State Police to provide criminal history results to LARA

Professions Requiring Background Checks

Many licensed professions in Michigan require criminal background checks, including but not limited to:

• Healthcare workers (nurses, physicians, pharmacists, therapists)
• Teachers and school employees (MCL 380.1230a)
• Child care workers and foster care providers
• Security guards and alarm system installers
• Real estate professionals
• Social workers

Disqualifying Offenses

The impact of a criminal record on professional licensure varies by profession and licensing board. Some boards apply automatic disqualification for certain offenses, while others conduct individualized reviews considering the nature of the offense, its relationship to the profession, evidence of rehabilitation, and time elapsed since the conviction.

Lookback Periods and Reporting Limits

Understanding what can appear on a Michigan background check and for how long is essential for both employers and applicants.

Criminal Convictions

Michigan does not impose a state-level lookback limit on criminal conviction reporting. Convictions that have not been expunged may appear on background checks indefinitely. This applies to both felonies and misdemeanors.

Non-Conviction Records

Under the FCRA, arrests that did not result in conviction can only be reported for 7 years for positions paying less than $75,000 annually. For higher-paying positions, there is no time limit on reporting non-conviction records.

Civil Records

Civil judgments, tax liens, and collection accounts are subject to the FCRA's 7-year reporting limit for positions below the $75,000 salary threshold.

Expunged Records

Records that have been set aside under the Clean Slate Act are removed from public databases, including ICHAT. Consumer reporting agencies should not include expunged records in background check reports. If an expunged record appears on a report, the individual has the right to dispute the information with both the CRA and the original data source.

Driving Records

Michigan driving records through the Secretary of State are generally available for the most recent 10 years of activity.

Michigan Sex Offender Registry

The Sex Offenders Registration Act (SORA), codified at MCL 28.721 et seq., requires individuals convicted of certain sexual offenses to register with the Michigan State Police. The public registry is searchable online and provides information including the offender's name, photograph, address, and conviction details.

Key Features of SORA

• Registration is required for various sexual offenses, crimes against children, and related offenses as defined in MCL 28.722
• The registry is publicly accessible and separate from ICHAT
• Employers, landlords, and individuals can search the registry at no cost
• Registration periods range from 15 years to lifetime depending on the offense tier
• Sex offender registry information is not subject to expungement under the Clean Slate Act

Employer and Housing Considerations

Employers and landlords may check the sex offender registry as part of their screening process. Unlike general criminal history inquiries, sex offender registry checks are generally permitted even in jurisdictions with ban-the-box or fair chance ordinances.

Frequently Asked Questions

Does Michigan have a ban-the-box law for private employers?

No. Michigan does not have a statewide ban-the-box law that applies to private employers. State government positions are covered by Executive Directive 2018-4, which delays criminal history inquiries until after an initial interview. Detroit has its own Fair Chance Ordinance covering private employers with 4 or more employees. A 2018 preemption law prevents most other Michigan municipalities from enacting local ban-the-box ordinances for private employers.

How far back does a background check go in Michigan?

Criminal convictions can be reported indefinitely in Michigan. There is no state law imposing a seven-year or other lookback limit on conviction records. However, the federal FCRA limits reporting of non-conviction information (such as arrests without conviction, civil judgments, and collection accounts) to seven years for positions paying less than $75,000 annually. Records expunged under the Clean Slate Act are removed from public databases and should not appear on background checks.

What is the Michigan Clean Slate Act and how does it affect my background check?

The Clean Slate Act (MCL 780.621 et seq.) provides for both automatic and petition-based expungement of criminal records. Eligible misdemeanors are automatically set aside after 7 years, and eligible felonies after 10 years. Once a record is expunged, it is removed from ICHAT and should not appear on background checks. You can check whether your records have been automatically expunged by searching your name on the ICHAT system. The Michigan Attorney General's office also holds regular expungement fairs to help residents navigate the petition process.

Can a Michigan employer deny me a job based solely on my criminal record?

Federal law does not prohibit employers from considering criminal history, but the EEOC has issued guidance recommending that employers conduct individualized assessments rather than applying blanket exclusion policies. The assessment should consider the nature and gravity of the offense, the time that has passed since the offense or completion of the sentence, and the nature of the job being sought. In Detroit, the Fair Chance Ordinance provides additional protections by requiring employers to delay criminal history inquiries until after a conditional offer and to conduct an individualized assessment before rescinding the offer.

How much does a Michigan background check cost?

A name-based ICHAT search through the Michigan State Police costs $10.00 per search, with results available immediately online. Fingerprint-based background checks cost $42.00 and are processed by the Michigan State Police. FBI background checks typically cost between $18 and $50 depending on the channeling agency. Many employers use third-party consumer reporting agencies, which may charge additional fees for comprehensive screening packages that include criminal history, credit reports, employment verification, and other checks.

Sources and References

• Michigan State Police - Criminal History Records (ICHAT)
• Michigan Legislature - MCL 780.621 (Clean Slate Act)
• Michigan Attorney General - Automatic Expungements
• Michigan Attorney General - Expungement Assistance
• Michigan State Police - Clean Slate Information
• Michigan Legislature - Elliott-Larsen Civil Rights Act
• Michigan LARA - Workforce Background Check
• Michigan Sex Offender Registry (SORA)
• FTC - Using Consumer Reports: What Employers Need to Know
• Detroit Fair Chance Ordinance Overview
• Michigan Courts - Clean Slate Special Initiative

Related Michigan Laws

• Michigan Recording Laws
• Michigan Car Seat Laws
• Michigan Lemon Law
• Michigan Sexting Laws
• Michigan Statute of Limitations
• Michigan Whistleblower Laws