What is Michigan's Clean Slate law?

Michigan's Clean Slate law (enacted 2020, automatic processing started April 2023) automatically seals eligible criminal records without requiring you to file a petition. Eligible misdemeanors are sealed after 7 years, and up to 2 eligible felonies are sealed after 10 years. Over 1 million records have been sealed since the program began.

Is my record eligible for automatic sealing in Michigan?

Eligibility depends on the type and number of offenses. Misdemeanors with sentences up to 92 days, up to 4 misdemeanors with longer sentences, and up to 2 eligible felonies can be auto-sealed. Crimes punishable by life imprisonment, most sex offenses, crimes against minors, and certain other serious offenses are excluded. Traffic offenses like DUI have separate rules.

Do I need to do anything to get my record sealed under Clean Slate?

No. The automatic sealing process is handled by the state — the Michigan State Police and the courts identify eligible records and process sealing without you needing to file any paperwork. However, if your records haven't been automatically sealed and you believe they should be, you can still file a petition for set-aside under MCL 780.621.

Can a Michigan employer ask about my criminal record on a job application?

If the employer has 15 or more employees, they cannot ask about criminal history until after the initial interview or after making a conditional offer. Smaller employers are not covered by this restriction. Some industries with legally mandated background checks may be exempt.

Will a sealed record show up on a Michigan background check?

No. Once a record is sealed — whether through Clean Slate or by petition — it should not appear on standard background checks. Sealed records are removed from the public index. However, law enforcement and certain licensing agencies may still have access to sealed records in limited circumstances.

How do I check if my record has been automatically sealed?

You can request your criminal history record from the Michigan State Police (ICHAT system) to see your current record status. If records that you believe should be sealed still appear, you may need to contact the court or file a petition for set-aside.

Can I still petition for expungement if Clean Slate doesn't cover my offense?

Yes. Michigan's expanded set-aside law (MCL 780.621) allows petition-based expungement for many offenses that aren't eligible for automatic sealing. The 2020 reforms significantly broadened the categories of offenses eligible for petition-based relief. Consulting with a legal aid organization can help you determine your options.

Michigan Background Check Laws

No state lookback limitLast updated: 2026-04-01

Michigan has no time limit on reporting convictions through background checks, BUT the state's Clean Slate law (2020) automatically seals eligible records — over 1 million sealed so far. Arrests without conviction cannot be reported. Ban-the-box applies to employers with 15+ employees.

Overview

Michigan follows the federal FCRA default for consumer reporting — convictions can be reported indefinitely by background check companies. However, Michigan is a national leader in Clean Slate reform. The Michigan Clean Slate law, enacted in 2020 with automatic processing beginning April 11, 2023, automatically seals eligible misdemeanor and felony records after waiting periods. Over one million records have been sealed since implementation. Michigan also prohibits reporting arrests that did not lead to conviction and has a ban-the-box law for employers with 15 or more employees.

How Far Back Does a Background Check Go in Michigan?

Record Type	Rule in Michigan
Felony Convictions	Eligible felonies are automatically sealed after 10 years under Clean Slate. Up to 2 felonies can be auto-sealed. Non-eligible or excess felonies can be reported indefinitely.
Misdemeanor Convictions	Eligible misdemeanors are automatically sealed after 7 years under Clean Slate. Misdemeanors with sentences up to 92 days and up to 4 misdemeanors with sentences of 93+ days are eligible for auto-sealing.
All Convictions	No state lookback limit. Under the federal FCRA, convictions can be reported indefinitely by consumer reporting agencies. However, Michigan's Clean Slate law may seal eligible conviction records automatically after the waiting period, removing them from background checks entirely.
Arrests (No Conviction)	Arrests that did not result in a conviction are PROHIBITED from being reported by consumer reporting agencies under FCRA (after 7 years) and Michigan generally restricts their use. Non-conviction records are prioritized for sealing under Clean Slate.
Pending Cases	Pending criminal cases can generally be reported as they represent active court matters not yet resolved.

Ban the Box / Fair Chance

Yes — covers private employers

Michigan's ban-the-box law applies to employers with 15 or more employees. Employers cannot inquire about criminal history until after the initial interview or after extending a conditional offer of employment. The law aims to give applicants a fair chance to be evaluated on their qualifications before criminal history becomes part of the conversation.

Effective: 2024-04-01

Clean Slate / Auto-Sealing

Yes — automatic sealing

Michigan enacted its Clean Slate law in 2020 (MCL 780.621g-780.621s), with automatic processing beginning April 11, 2023. The law automatically identifies and seals eligible records without requiring individuals to file petitions. Eligible records include: misdemeanors with sentences up to 92 days (auto-sealed after 7 years), up to 4 misdemeanors with sentences of 93+ days (auto-sealed after 7 years), and up to 2 eligible felonies (auto-sealed after 10 years). Certain serious offenses — including crimes punishable by life imprisonment, most sex offenses, and crimes involving minors — are excluded. As of 2025, over 1 million records have been sealed through the automatic process.

Effective: 2023-04-11

What Employers Can Do in Michigan

When can employers ask about criminal history?: For employers with 15+ employees: after the initial interview or after a conditional offer of employment. Smaller employers may ask at any point. Certain industries with legally required background checks may be exempt.
What can they consider?: Employers may consider unsealed conviction records without time limitation. Sealed records should not appear on background checks and cannot be considered. Employers are encouraged to assess the relevance of any criminal history to the specific job, the time elapsed since the offense, and evidence of rehabilitation.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Michigan

Michigan Clean Slate Act (MCL 780.621g-780.621s)(2020)
Provides for automatic identification and sealing of eligible criminal records. Misdemeanors can be auto-sealed after 7 years; up to 2 eligible felonies after 10 years. Certain serious offenses are excluded.
Michigan Ban-the-Box (Fair Chance Employment)(2024)
Prohibits employers with 15 or more employees from inquiring about criminal history until after the initial interview or conditional offer of employment.
Michigan Set Aside Law (MCL 780.621)(2020)
Allows petition-based expungement (set aside) of criminal convictions. Expanded significantly alongside the Clean Slate Act to cover more offenses and allow multiple convictions to be set aside.

Frequently Asked Questions — Michigan

How far back does a background check go in Michigan?: Michigan has no state-imposed time limit on reporting convictions. Consumer reporting agencies can report convictions indefinitely under federal FCRA rules. However, Michigan's Clean Slate law may have automatically sealed your eligible records — meaning they won't appear on background checks at all, regardless of the lookback period.
What is Michigan's Clean Slate law?: Michigan's Clean Slate law (enacted 2020, automatic processing started April 2023) automatically seals eligible criminal records without requiring you to file a petition. Eligible misdemeanors are sealed after 7 years, and up to 2 eligible felonies are sealed after 10 years. Over 1 million records have been sealed since the program began.
Is my record eligible for automatic sealing in Michigan?: Eligibility depends on the type and number of offenses. Misdemeanors with sentences up to 92 days, up to 4 misdemeanors with longer sentences, and up to 2 eligible felonies can be auto-sealed. Crimes punishable by life imprisonment, most sex offenses, crimes against minors, and certain other serious offenses are excluded. Traffic offenses like DUI have separate rules.
Do I need to do anything to get my record sealed under Clean Slate?: No. The automatic sealing process is handled by the state — the Michigan State Police and the courts identify eligible records and process sealing without you needing to file any paperwork. However, if your records haven't been automatically sealed and you believe they should be, you can still file a petition for set-aside under MCL 780.621.
Can a Michigan employer ask about my criminal record on a job application?: If the employer has 15 or more employees, they cannot ask about criminal history until after the initial interview or after making a conditional offer. Smaller employers are not covered by this restriction. Some industries with legally mandated background checks may be exempt.
Will a sealed record show up on a Michigan background check?: No. Once a record is sealed — whether through Clean Slate or by petition — it should not appear on standard background checks. Sealed records are removed from the public index. However, law enforcement and certain licensing agencies may still have access to sealed records in limited circumstances.
How do I check if my record has been automatically sealed?: You can request your criminal history record from the Michigan State Police (ICHAT system) to see your current record status. If records that you believe should be sealed still appear, you may need to contact the court or file a petition for set-aside.
Can I still petition for expungement if Clean Slate doesn't cover my offense?: Yes. Michigan's expanded set-aside law (MCL 780.621) allows petition-based expungement for many offenses that aren't eligible for automatic sealing. The 2020 reforms significantly broadened the categories of offenses eligible for petition-based relief. Consulting with a legal aid organization can help you determine your options.

Michigan Resources

Michigan State Police — ICHAT Criminal History
Michigan's Internet Criminal History Access Tool. Check criminal records or request your own record to see what employers can see.
Michigan Legal Help — Clearing Your Record
Free step-by-step guides and forms for understanding Clean Slate eligibility and filing petitions for set-aside in Michigan.
Safe & Just Michigan
Advocacy organization that helped pass Michigan's Clean Slate law. Provides resources on criminal justice reform and reentry support.
Michigan Reentry Council
State-run resource for people reentering communities after incarceration, including employment, housing, and legal assistance.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Michigan for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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