Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Michigan: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Michigan has no ban the box law for private employers. Employers may ask about criminal history on the initial job application. Michigan also prohibits its cities and counties from adopting their own ban the box ordinances for private employers.
Criminal Record Lookback Period
Michigan has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Michigan has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline. Michigan does, however, prohibit employers from requesting, making, or maintaining a record of a misdemeanor arrest, detention, or disposition that did not result in a conviction. This applies to job applications and to the terms and conditions of employment, and an applicant who withholds this information is not guilty of perjury or any other offense. The restriction does not apply to felony charges before conviction or dismissal, and does not apply to law enforcement agencies, including the Michigan Department of Corrections.
Expunged / Sealed Records
Michigan's Clean Slate law automatically sets aside eligible misdemeanor convictions 7 years after sentencing and eligible felony convictions 10 years after sentencing or release, whichever is later. Once a conviction is set aside, the person is considered not to have been previously convicted and the record becomes nonpublic. Employers may not consider a set aside conviction in hiring decisions.
Salary History Ban
Michigan does not have a salary history ban. Employers may ask applicants about their previous pay. Michigan also prohibits its cities and counties from adopting their own salary history restrictions for private employers.
Credit Report Restrictions
Michigan does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Michigan has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Michigan has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Michigan has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Recreational marijuana is legal in Michigan, but the law gives employees no workplace protection. Employers are not required to accommodate marijuana use, may enforce a zero tolerance drug policy, and may refuse to hire, discipline, or discharge a person for violating a workplace drug policy. Michigan's medical marijuana law contains a nearly identical employer rights provision.
Pre-Adverse Action Notice & Waiting Period
Michigan has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Michigan has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Michigan has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Local Ordinance Preemption
Michigan prohibits local governments from regulating what information an employer may request, require, or exclude on a job application or during an interview. This blocks cities and counties from adopting ban the box ordinances, salary history bans, or similar hiring inquiry rules that reach private employers. The preemption applies to ordinances adopted after December 31, 2014. Local governments may still require a criminal background check tied to receiving a local license or permit.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
Grand Rapids, MI Applies to All Employers Human Rights Ordinance
Prohibits employers from considering arrests that did not result in a conviction and bars outright bans on applicants with criminal records. Employers considering a conviction must assess it case by case, weighing the nature of the crime, the applicant's age at the time, repeat offenses, employment history before and after the conviction, evidence of rehabilitation, and whether the crime poses a demonstrable risk to health, safety, welfare, or property. The ordinance covers any employer with 1 or more employees in the city and creates a private right of action. The City adopted it as a human rights ordinance rather than a ban the box ordinance, taking the position that it is not preempted by MCL 123.1384, which bars local governments from regulating employer hiring inquiries. That position has not been tested in court.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Michigan gives employers wide latitude, but a few rules carry real exposure. To stay compliant:
Confirm your job application does not ask about misdemeanor arrests that did not result in a conviction. Screen out any set aside or expunged Michigan convictions from consideration, since state law treats the person as never having been convicted. Evaluate each conviction individually against the specific job rather than applying a blanket exclusion, consistent with EEOC guidance under Title VII. Confirm your drug policy is documented in writing if you intend to test for marijuana, since Michigan permits zero tolerance policies but gives you no protection without a policy in place. Follow the FCRA adverse action process: pre-adverse notice with a copy of the report and a summary of rights, a reasonable chance to respond, then a final notice.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Michigan Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Michigan law.