An Employer’s Guide to Michigan Background Checks

When hiring in Michigan, employers must follow specific background check requirements to ensure informed and compliant decisions. 

This article will explore what these checks reveal, how far back they can go, and the key laws that apply to them. Understanding these details, from criminal records to employment verification, is crucial for building a safe and reliable workforce. Proper background screening protects the business and reinforces its reputation for trustworthiness with clients and stakeholders.

What Is a Michigan Background Check?

A Michigan background check is a process that allows employers to review an individual’s personal and professional history to assess their suitability for employment. These checks are conducted in compliance with both federal and state laws to ensure fair and accurate reporting.

State employment checks typically involve examining records from various sources, including criminal history databases, court documents, and employment verification systems. The Michigan State Police (MSP) maintains the Internet Criminal History Access Tool (ICHAT), which provides non-criminal justice agencies access to Michigan’s criminal history records. 

Employers commonly use this database to verify past convictions and pending criminal cases. The Michigan Department of Licensing and Regulatory Affairs (LARA) also provides resources for verifying professional licenses, which can be essential for roles in healthcare, finance, and other regulated industries.

Employers must adhere to the Fair Credit Reporting Act (FCRA) and Michigan’s Elliott-Larsen Civil Rights Act, both of which establish guidelines for how background check information can be used. Under Michigan law, employers are prohibited from requesting or considering information about arrests that did not result in a conviction unless the role is directly related to law enforcement or corrections.

The scope of a state background check may vary depending on the type of check, the employer’s industry, and the nature of the position. For example, financial management positions typically require credit history reviews, while roles in education or healthcare usually necessitate more extensive criminal background investigations. Employers must ensure that their screening process aligns with Michigan-specific regulations to promote fairness and reduce the risk of discrimination.

For accurate and compliant background checks, many Wolverine State employers rely on professional services that specialize in assembling verified information from trusted sources such as the Michigan State Police, LARA, and the National Crime Information Center (NCIC). These services help ensure thorough investigations by accessing records from courts, licensing agencies, and other official databases.

What Does a Michigan Background Check Show?

A Michigan background check can reveal several types of information to help employers make informed hiring decisions. Depending on the nature of the role and the type of check requested, a background screening may include the following:

• Criminal History: Employment background checks often include criminal records from the Internet Criminal History Access Tool (ICHAT) maintained by the Michigan State Police. These records could reveal felony and misdemeanor convictions, pending criminal cases, and court dispositions.
  
• Employment Verification: Employers may confirm previous job titles, dates of employment, and employer contact details. This ensures candidates have the experience they claim, which is particularly important for managerial and specialized roles.
  
• Education Verification: Background checks can confirm degrees, certifications, and attendance at educational institutions. This verification is crucial for positions in regulated industries such as healthcare, finance, and education.
  
• Credit History: For roles involving financial responsibility, credit reports may reveal an individual’s credit score, outstanding debts, and payment history. While employers can’t access the exact credit score, they can review financial behavior to assess potential risks.
  
• Driving Records: The Michigan Secretary of State provides motor vehicle records highlighting DUIs, license suspensions, and other driving-related infractions. This is essential for roles requiring the operation of company vehicles.
  
• Civil Court Records: Employers might review civil litigation history to identify lawsuits, judgments, or liens that could indicate potential risks for positions in finance, legal services, or leadership.
  
• Professional License Verification: The Michigan Department of Licensing and Regulatory Affairs (LARA) maintains licensing records that verify whether an applicant’s professional credentials are valid and current.
  
• Sex Offender Registry Check: For roles involving vulnerable populations such as children or the elderly, employers may request a check of the National Sex Offender Public Website to identify registered offenders.
  
• Drug Testing Results: Certain industries, such as healthcare, transportation, and manufacturing, often require pre-employment drug screenings. Results may indicate the presence of substances that violate company policies or federal regulations.
  
• Social Security Number (SSN) Trace: This check verifies an individual’s identity, addresses, and any associated aliases to ensure accurate reporting throughout the screening process.

A comprehensive state records check might combine several of these elements to ensure employers make informed and compliant hiring decisions. This process helps identify potential risks, confirm qualifications, and verify an applicant’s background, ultimately promoting workplace safety and integrity. By reviewing multiple data points, employers can make confident decisions that align with both state regulations and company policies.

How Far Back Can a Background Check Go in Michigan?

In this Great Lakes state, the timeframe for background checks largely depends on the type of information requested and the applicable laws governing its use. While federal regulations restrict some records, others can have longer reporting windows.

Under the Fair Credit Reporting Act (FCRA), consumer reporting agencies are generally prohibited from reporting certain adverse information if it’s older than seven years. This limitation applies to civil judgments, liens, and bankruptcies. However, the seven-year restriction does not apply to criminal convictions. Felony and misdemeanor convictions can typically be reported indefinitely unless they have been expunged.

The scope of employment screening may vary depending on salary expectations. According to the FCRA, the seven-year reporting limit does not apply to positions with an annual salary of $75,000 or more. Employment screening agencies may disclose older financial records, such as bankruptcies or tax liens, if deemed relevant for these roles.

Expunged or sealed documents are another critical consideration. According to the Michigan Clean Slate Law, individuals may be eligible to have certain convictions automatically expunged after a set number of years. Once expunged, these records can’t be reported in a criminal check, even for high-salary positions.

Employers must also be aware of the state’s specific regulations when screening criminal history. State law prohibits the consideration of arrest records that did not lead to a conviction unless the position involves law enforcement or corrections.

Because state law is designed to balance public safety with fair hiring practices, employers are encouraged to stay informed about evolving expungement laws and reporting limits to ensure they remain compliant when conducting security checks.

How Long Does a Michigan Background Check Take?

The timeline for completing a state records check can vary significantly based on several factors, including the type of information requested, the sources being consulted, and the complexity of the individual’s history. While some security checks can be completed in hours, others may take several days or even weeks. 

Understanding what influences these timelines can help employers plan accordingly. Firstly, it’s important to know that the type of background check requested is one of the most significant factors in determining how long the process will take. Some checks are automated and rely on instant databases, while others require manual record searches that can take longer:

Criminal History Checks

These record checks, conducted through the Internet Criminal History Access Tool (ICHAT), are often processed within minutes. This system, maintained by the Michigan State Police, provides immediate access to criminal history records for non-criminal justice agencies. 

However, the process may take several business days or longer if the search requires confirmation of records from specific county courts or involves pending cases.

County-Level Criminal Searches

 County-level searches may be necessary if an employer requires a more thorough investigation beyond state databases. These searches involve contacting county courthouses directly, which can extend the timeline. Depending on the county’s staffing and record-keeping processes, these requests may take one to two weeks, particularly if records are archived or require manual retrieval.

Employment Verification 

Confirming past employment details often requires direct communication with previous employers. Response times can vary depending on company policies, staffing, and whether the records are stored digitally. This process can take anywhere from two to five business days.

Education Verification

 Similar to employment verification, education checks may require outreach to multiple institutions. Larger universities with dedicated verification services tend to respond more quickly, while smaller schools or institutions that closed down may require more time to locate archived records. This step can take anywhere from three to seven business days.

Credit History Reports: Credit history checks are typically processed within 24 to 48 hours. These reports are generated directly from major credit bureaus and are generally among the fastest elements of an employment screening.

Driving Records

The Secretary of State offers motor vehicle records through its electronic systems, and requests are often processed within one business day. However, delays may occur if manual intervention is required to resolve discrepancies in identity or address.

Professional License Verification

Employers in the state may use the Michigan Department of Licensing and Regulatory Affairs (LARA) to verify licenses for regulated professions. While LARA’s online portal often provides fast results, manual inquiries or requests for older licensing data may take several days.

Drug Testing Results

When pre-employment drug screening is required, the timeline may vary depending on the testing facility and the type of test administered. While standard urine tests often provide results within 24 to 48 hours, more complex tests—such as hair follicle or specialized panel screenings—can take up to five business days.

Besides the type determining the timeline, there are other factors that can impact how long a background check may take to complete. Even with efficient systems in place, several factors can contribute to delays in the process:

Incomplete or Inaccurate Information: Errors in identifying details such as Social Security numbers, dates of birth, or legal names may result in additional verification steps.

Record Complexity

Individuals with extensive criminal records, numerous employment changes, or a long history of residence across multiple states may require more time to compile and verify records.

Manual Record Retrieval

While many records are accessible electronically, some court systems and smaller institutions may rely on manual record searches, which inherently take longer.

Holiday and Court Closures

 Employment checks that require court documents can be delayed during public holidays or if the county courthouse is closed or has reduced staff.

Verification Response Delays: Delays can occur if former workplaces, academic institutions, or other verifying bodies are slow to respond. Certain employers may only respond during specific hours or require signed consent forms before releasing information.

However, there is some good news. Employers can take several proactive steps to ensure background checks are processed as quickly as possible:

Request All Necessary Information Upfront

Ensuring candidates provide accurate personal details, employment history, and required consent forms at the beginning of the process can reduce follow-up requests and delays.

Communicate Clearly with Candidates

Candidates who understand the security check process are more likely to respond promptly to inquiries, consent requests, or additional information requests.

Work with Experienced Providers: Partnering with reputable background check services like ScoutLogic can streamline the process. Experienced providers often have established relationships with local courts, educational institutions, and other key entities to expedite the screening process.

On average, a comprehensive state history check that includes criminal history, employment, and education verification can take between 3 to 10 business days. Simpler checks, such as credit history or SSN verification, could be completed in less than 48 hours. However, complex cases requiring manual record retrieval, extensive verification, or multiple jurisdictions might extend the timeline to two weeks or longer.

By understanding these factors, employers can better manage expectations and ensure they conduct thorough and compliant employment screenings for their state-based candidates.

Michigan Background Check Laws & Requirements

Employers conducting background checks in state must comply with several state and federal regulations designed to protect job applicants’ rights while ensuring fair hiring practices.

Michigan Elliott-Larsen Civil Rights Act:

The Michigan Elliott-Larsen Civil Rights Act (ELCRA) is the key law governing background checks in this Midwestern state. This law prohibits discrimination in hiring based on race, religion, national origin, age, sex, height, weight, or marital status. Under ELCRA, employers must ensure that their employment screening processes do not disproportionately impact protected classes.

The ‘Clean Slate’ Law:

Another significant regulation is the Michigan Clean Slate Law (Clean Slate Law), which allows for the automatic expungement of certain criminal convictions after a set period. Employers can’t inquire about or consider expunged records when making hiring decisions.

Federal Trade Commission Requirements:

The Fair Credit Reporting Act (FCRA) also applies to employers. This federal law requires organizations to obtain written consent before conducting a check and mandates that applicants receive a copy of the report if adverse action is taken.

By following these laws, companies can maintain compliant and fair hiring practices while protecting job candidates’ rights.

Frequently Asked Questions

What Is the 7-Year Rule in Michigan?

The 7-year rule under the Fair Credit Reporting Act (FCRA) limits consumer reporting agencies from including certain adverse information, such as civil judgments and liens, that are older than seven years. However, this rule does not apply to criminal convictions, which can be reported indefinitely.

Can Employers Check Arrest Records in Michigan?

State law bars workplaces from considering arrest records without convictions, except in law enforcement or corrections. This regulation ensures fair hiring by focusing only on verified convictions, promoting equal access to jobs based on qualifications and proven conduct, not unproven allegations, thus supporting career growth and opportunity.

Final Thoughts

Conducting background checks in Michigan requires understanding state laws, reporting limits, and screening timelines. Employers must ensure their processes are compliant, accurate, and fair. By partnering with a trusted provider like ScoutLogic, businesses can streamline their hiring process with comprehensive, FCRA-compliant checks tailored to their needs.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.