Michigan Background Checks

Criminal background check in the Wolverine State must be done in accordance with state law. There are very specific requirements that companies must follow in order to perform a legally compliant background check, and it varies by state. Health Street's understanding of local laws combined with advanced technologies help keep you in compliance with background check laws.

A Credit Reporting Agency, or CRA, should do more than just checking a public database on your behalf. Running background checks present a pair of equally troublesome risks:

If you receive information from your CRA that you are not permitted to include in your hiring decision, you can run afoul of laws such as the Americans with Disabilities Act (ADA) or the Federal Fair Credit Reporting Act (FCRA). On the flip side, if you miss a critical criminal record, it can be even more devastating. For these reasons, it's critically important to work with a CRA with experience performing comprehensive employment background checks in .

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If you hire truck drivers or other vehicle operators covered by DOT, then you know you have to comply with the Department of Transportation's FMCSA modality regulations. To comply with DOT regs, you must:

These measures ensure that your new hire has a safe Michigan driving record and no drug or alcohol violations in the past three years.

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Sometimes, the job candidate who seems to be most qualified is lying on his or her resume. In fact, it is quite common for people to misrepresent their education, degrees earned, and work history in order to qualify for a job that they otherwise would not obtain. An unqualified employee—especially one who forges aspects of their experience—creates serious risks for business leaders and HR executives.

Health Street's background checks in Michigan can verify a person's resume, confirming the information that they have provided to you about their education, employment history, professional licensure, and degrees earned. We can even check references. Including these options on your background check in Michigan gives you and your business the protection it deserves and the knowledge that you are hiring honest, qualified candidates.

Pre-Employment Background Checks and Criminal Records

Unlike many other states, Michigan does not have a "ban the box" law prohibiting employers from asking about a job candidate's criminal record on a job application. The one exception is for state agencies. These employers cannot ask a job applicant if they have a felony conviction. However, state law does protect employees or applicants from having to disclose misdemeanor arrests if they didn't result in a conviction. It should be noted that employers may request information about felony arrests that have not yet led to a conviction or dismissal. These may also be disclosed on a credit reporting agency's background check.

Employers in some industries are required to run background checks and to deny employment to applicants with certain criminal records. However, unless an employer falls under these regulations, Title VII of the US Civil Rights Act prohibits employers from having a blanket policy of not accepting applications from or hiring people with a criminal record.

Juvenile Records

In most cases, the conviction of a crime will remain on your record for the rest of your life. This includes your public juvenile record. An exception may occur if a juvenile was sentenced under the Holmes Youthful Trainee Act or was part of a juvenile diversion program. In this case, it's likely the records were sealed and will not show up on a background check. Except when applying to law enforcement agencies, applicants and employees are not required to disclose information about sealed or expunged records.

If a juvenile offense does show up, it may not affect the situation in the same way as an adult conviction. Legally, they're not the same and many of the laws that prohibit hiring a candidate with a criminal record don't apply to crimes committed by a minor.

Michigan's Internet Privacy Protection Act

Checking an individual's social media accounts may seem like an excellent way to gather background information. However, Michigan's Internet Privacy Protection Act prohibits employers from requiring employees or job applicants to provide access to their personal social media or internet accounts as a condition of employment. The penalties for this are serious. An employer who attempts to do so may be charged with a misdemeanor.

In addition, if an employer takes retaliatory action against an employee who refuses to provide access to his or her social media or internet accounts, they can be held liable for wrongful termination and may be subject to other employment law violations.

Checking public social media posts could also present a problem during the hiring process. These accounts are likely to provide insight into information that employers aren't allowed to ask — like age, race, disability, and more. If employers observe this information, they must take extra care that subsequent decisions aren't construed as discrimination.