Michigan Background Check Laws
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 state government employers only (Executive Directive 2018-4).
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. Michigan has no private-sector ban-the-box law: Executive Directive 2018-4 (Governor Snyder, September 7, 2018) removed criminal-history questions from state government job applications only, and a 2018 state law bars local governments from adopting their own ban-the-box ordinances. Separately, MCL 37.2205a bars all employers from asking about arrests that did not result in a conviction.
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
Michigan has no statewide ban-the-box law for private employers. Executive Directive 2018-4, issued by Governor Rick Snyder on September 7, 2018, removed questions about criminal history from applications for state government positions and directed state departments to delay criminal-history inquiries until later in the hiring process. It covers only state departments and agencies — private employers may ask about criminal history at any stage. A 2018 state law also bars local governments from enacting their own ban-the-box ordinances. Separately, under MCL 37.2205a no employer (public or private) may ask about an arrest that did not result in a conviction.
Effective: 2018-09-07
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?
- Private employers may ask about criminal history at any point in the hiring process, including on the application. State government positions are covered by Executive Directive 2018-4, which removed the question from state applications. Separately, under MCL 37.2205a, no employer (public or private) may ask about an arrest that did not result in a conviction.
- 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.
- Executive Directive 2018-4 (State Employers)(2018)
Issued by Governor Rick Snyder on September 7, 2018. Removes criminal-history questions from state government job applications and delays inquiries for state positions. Does not cover private employers — and a 2018 state law preempts local ban-the-box ordinances.
- MCL 37.2205a (Arrest Record Inquiries)
Bars all Michigan employers, public and private, from asking about arrests that did not result in a conviction on applications or in interviews.
- 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?
- State government employers cannot ask about criminal history on the initial application under Executive Directive 2018-4. Private employers in Michigan are not covered by a statewide ban-the-box law and may ask about criminal history at any stage — and a 2018 state law bars local governments from adopting their own ordinances. However, no employer may ask about arrests that did not result in a conviction (MCL 37.2205a).
- 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.
Related Resources on This Site
More for your state
- Jobs by CityFelony friendly jobs in Detroit, MI
- Jobs by StateJobs for felons in Michigan
- HousingSecond chance apartments in Detroit, MI
- ExpungementMichigan expungement guide
- Voting RightsFelon voting rights in Michigan
- Gun RightsFelon gun rights in Michigan
- DUI RecoveryDUI license recovery in Michigan
- ProbationProbation & parole in Michigan
Helpful guides
- ExpungementClean Slate laws — automatic expungement
- HousingNo credit check apartments & rentals
- ToolsReentry organizations directory
- Free Legal AidFree legal aid by state
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.
Sources
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