Background check basics for HR in Michigan.
Michigan background checks: 7 years (fcra default), disclosure and authorization mechanics, and the state statutes that layer on top of FCRA.
What changes in Michigan
- Report lookback: 7 years (FCRA default). Michigan follows FCRA. Clean Slate Act expungements (eff. 2023) must be suppressed.
- Ban-the-box: Public sector (Executive Directive 2018-04). Governor Whitmer's directive removed the conviction question from state-agency initial applications.
- Salary history: Public-employer ban (Executive Directive 2019-10). Applies to state-agency hiring only; no statewide private rule.
"Review our FCRA disclosure and authorization form for standalone compliance. Focus on Michigan."
Ask this in Ask HR AIPractitioner steps for Michigan
- Step 1. Use the Michigan report lookback correctly: 7 years (FCRA default).
- Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any MI-specific consent language required.
- Step 3. Respect the Michigan ban-the-box trigger (Public sector (Executive Directive 2018-04)) before running any criminal search.
- Step 4. Check MI statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.
Applicable Michigan statutes and references
- MCL §333.27955
- Clean Slate Act 2020
- Exec. Dir. 2018-04
- 15 U.S.C. §1681 et seq. (federal FCRA)
Frequently asked (federal + Michigan overlay)
Do I need a separate FCRA disclosure?
Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.
Can I include a liability release in the disclosure?
No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.
How current does authorization need to be?
One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.
Related Michigan topics
- FCRA adverse action in Michigan
- Ban-the-Box and Fair Chance hiring in Michigan
- Wage and hour in Michigan
- Leaves and accommodations in Michigan
Same topic in another state
- Background check basics for HR in Alabama
- Background check basics for HR in Alaska
- Background check basics for HR in Arizona
- Background check basics for HR in Arkansas
- Background check basics for HR in California
- Background check basics for HR in Colorado
- See all states
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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.