Legal Considerations for Michigan Criminal Background Checks

What is a Michigan Criminal Background Check?

A Michigan criminal background check refers to the process of retrieving a person’s criminal history records from the state’s databases, primarily maintained by the Michigan State Police (MSP). This record contains information regarding an individual’s involvement in criminal activities, such as arrests, convictions, or pending charges.

In Michigan, criminal background checks are commonly used by employers, landlords, legal professionals, and individuals to assess someone’s criminal history for various reasons, such as:

Employment: Employers often request criminal background checks to verify the suitability of candidates for job positions. It’s particularly relevant for jobs that require working with vulnerable populations, handling sensitive data, or operating machinery.
Housing: Landlords use background checks to assess whether a potential tenant poses a risk to the property or the safety of other residents.
Legal Procedures: Background checks are often required for certain legal matters, such as securing a professional license, adoption, or securing a firearm permit.

Criminal background checks help ensure public safety and help organizations make informed decisions about hiring, leasing, or other legal actions. In Michigan, these checks can be requested by individuals or employers through official channels such as the Michigan State Police.

Why Are Michigan Criminal Background Checks Important?

Criminal background checks serve a critical role in protecting public safety, minimizing risk, and ensuring that organizations and individuals make informed decisions. Here are several reasons why these checks are essential:

Ensuring Public Safety: Criminal background checks are a crucial tool in ensuring that individuals with violent or dangerous criminal histories are not employed in positions where they might pose a risk to others. This is especially relevant in industries such as healthcare, education, and child care.
Risk Management for Employers: Employers use background checks to assess the integrity of potential hires and to determine whether an individual’s criminal history could affect the safety or reputation of the organization. By conducting background checks, businesses can avoid hiring individuals who may engage in activities such as theft, fraud, or violence.
Reducing Risks in Housing: Landlords and property managers rely on criminal background checks to help ensure that potential tenants do not have a history of violent crimes, drug offenses, or other criminal activities that could threaten the safety of the property or other residents.
Meeting Legal Requirements: Many industries, including healthcare, finance, and government positions, require criminal background checks to ensure compliance with legal and regulatory standards. Certain professions, especially those involving direct interaction with vulnerable groups, require background checks by law.
Fostering Trust: For individuals applying for employment or housing, a clean criminal background check can demonstrate trustworthiness and reliability. Employers and landlords are more likely to choose individuals with no criminal history, especially for positions of responsibility.

Types of Criminal Records Included in a Michigan Background Check

A Michigan criminal background check will typically include various types of criminal records that can reveal a person’s history of criminal activities. These records are maintained by the Michigan State Police and other agencies. The following are common types of records that may be included in a criminal background check:

Type of Record	Description
Felonies	Serious crimes, such as murder, robbery, assault, drug trafficking, and embezzlement. These offenses are punishable by more than one year in prison.
Misdemeanors	Lesser offenses, such as petty theft, disorderly conduct, simple assault, or driving under the influence (DUI). Misdemeanors typically result in less severe penalties, including shorter jail sentences or fines.
Arrests	Information regarding an individual’s arrest by law enforcement, even if charges are dropped or the person was not convicted.
Convictions	Records of individuals who have been found guilty of criminal charges. This includes felony and misdemeanor convictions.
Sex Offenses	Crimes related to sexual misconduct, including assault, exploitation, and trafficking. These records are particularly important for individuals seeking employment or volunteer roles with children or vulnerable populations.
Traffic Violations	Serious traffic offenses, such as driving under the influence (DUI), reckless driving, or vehicular manslaughter. These may be included depending on the nature of the job or the reason for the check.

It is important to note that not all criminal records will show up on every background check. For example, if a person has had their conviction expunged or sealed, the criminal history may not appear in a check, depending on the circumstances and Michigan’s laws.

How Michigan Criminal Background Checks Are Conducted

In Michigan, criminal background checks are typically processed through the Michigan State Police (MSP). The process is designed to ensure that individuals requesting background checks are able to access accurate and up-to-date information.

Here’s an overview of how criminal background checks are conducted in Michigan:

Requesting a Background Check: Individuals or employers can request a criminal background check from the Michigan State Police either online, by mail, or through third-party background check providers.
- Online Access (iChat): The Michigan State Police offers an online service called iChat, where individuals can quickly access criminal background information by submitting their personal details and paying the required fee.
- Mail-in Requests: Individuals can also request a criminal background check by submitting a request form to the Michigan State Police, which may take several days to process.
Third-Party Providers: Businesses or individuals who need to conduct a criminal background check may choose to use third-party companies that specialize in providing detailed background reports. These services often provide additional features, such as nationwide criminal record searches or employment history verification.
Required Information: To request a criminal background check, individuals will need to provide certain personal details, such as their full name, date of birth, and in some cases, a driver’s license number or fingerprints. Consent is often required, especially if the check is being conducted by an employer.
Processing Time: The processing time for criminal background checks in Michigan varies depending on the method chosen. Using the iChat system can provide almost instant results, while mail-in requests can take several days.

How to Get a Criminal Background Check in Michigan and What to Expect

Obtaining a criminal background check in Michigan is a straightforward process that can be done by individuals, employers, or organizations. Whether you’re an employer looking to screen a potential employee or an individual wanting to check your own criminal history, it’s essential to understand the steps involved and what you can expect. In this section, we will walk you through the process of requesting a criminal background check in Michigan, the benefits of conducting one, the typical turnaround time, and how services like ExactBackgroundChecks.com can streamline the process.

Steps for Requesting a Michigan Criminal Background Check

Requesting a criminal background check in Michigan can be done in several ways. Below are the steps involved in obtaining this vital information, whether you are an employer, an individual, or using third-party services.

Requesting through the Michigan State Police (MSP) The Michigan State Police offers an official channel for conducting background checks. Here’s how the process works:
- Online Requests (iChat): The iChat system is an online service provided by the Michigan State Police that allows individuals and businesses to check criminal records. This method is fast and accessible for most background checks.
  - Visit the Michigan State Police iChat website.
  - Provide necessary details such as your full name, date of birth, and any additional required information.
  - Pay the required fee (typically around $10 for an individual request).
  - Receive the results almost instantly (unless there are discrepancies or issues with the data).
- Mail-in Requests: For individuals who prefer not to use the online system, or for employers seeking more comprehensive checks, criminal background requests can be made by mail.
  - Complete the Request for Criminal History Record Information form available on the Michigan State Police website.
  - Include personal identification information such as name, date of birth, and a fingerprint card if required.
  - Send the completed form with the payment to the Michigan State Police.
  - Wait for the processing to be completed, which can take several days to weeks depending on the method.
Third-Party Providers While you can access criminal background checks through the Michigan State Police, many employers and individuals choose third-party providers for their convenience, speed, and ability to offer more detailed reports. These services often include:
- Nationwide criminal checks.
- Verification of employment history.
- Enhanced reporting tools (e.g., checking sex offender registries or court records).
Services like ExactBackgroundChecks.com provide accurate and reliable background checks with a streamlined process that saves time. These providers also ensure that background checks comply with relevant laws such as the Fair Credit Reporting Act (FCRA).

Benefits of Conducting Criminal Background Checks in Michigan

There are many advantages to conducting criminal background checks in Michigan, particularly when it comes to employment and public safety. Here are the primary benefits:

Ensuring a Safe Workplace
One of the most critical reasons employers conduct criminal background checks is to ensure a safe environment for their employees. A background check helps identify potential risks related to past criminal behavior that could endanger others in the workplace.
Legal Compliance
For certain industries, such as healthcare, finance, education, and government, criminal background checks are legally required. Employers need to comply with state and federal regulations that mandate checks for specific roles to ensure that they are hiring individuals who are legally allowed to work in the industry.
Protecting Business Assets and Reputation
Employees who have a criminal history involving fraud, theft, or embezzlement can pose a significant risk to a company’s financial assets and reputation. Conducting a thorough criminal background check helps protect the business from these risks.
Avoiding Legal Liabilities
Employers who fail to conduct proper background checks may be subject to legal liabilities if they hire someone with a criminal history who causes harm to the business or others. Background checks mitigate the chances of potential lawsuits or damages related to negligent hiring practices.
Reducing the Risk of Fraud and Theft
Criminal background checks are especially important for businesses in sectors like retail, banking, and finance, where the risk of fraud and theft can have a direct impact on profitability. A criminal check helps identify any previous offenses related to financial crimes.
Meeting Insurance Requirements
Certain businesses may have insurance policies that require background checks for their employees, particularly those in sensitive or high-risk roles. Background checks can reduce the premiums or help businesses qualify for certain insurance policies.

Turnaround Time for Michigan Criminal Background Checks

The turnaround time for obtaining a criminal background check in Michigan depends on the method used for the request.

Online Requests (iChat):
Online requests through iChat are generally processed quickly. Most results can be accessed almost immediately once the request is submitted and the fee is paid. If there is a discrepancy in the information, such as a name mismatch, it could take longer for the results to be processed.
Mail-in Requests:
If you choose to request a criminal background check by mail through the Michigan State Police, the process will take longer. Typically, it may take anywhere from 7 to 14 business days to receive the results, but this time frame can vary depending on workload and other factors.
Third-Party Services:
Third-party services like ExactBackgroundChecks.com often offer faster processing times and can expedite the results. These services typically offer results within 1–3 business days, depending on the depth of the check and the provider’s capabilities.

In general, if you are looking for speed and reliability, online requests or third-party providers are your best options for receiving criminal background checks in Michigan quickly.

ExactBackgroundChecks and Services Provided

If you’re looking to streamline the process of obtaining criminal background checks in Michigan, ExactBackgroundChecks.com offers a range of services that make the process more efficient and reliable. Here’s how ExactBackgroundChecks.com can help:

Fast and Accurate Results: ExactBackgroundChecks.com offers rapid turnaround times, providing criminal background checks in as little as 1–3 business days. The company leverages the latest technology to deliver accurate and up-to-date information.
Comprehensive Background Checks: Beyond just criminal records, ExactBackgroundChecks.com offers checks that include employment history, credit reports, sex offender registries, and more. This ensures a holistic view of a person’s background, especially for sensitive or high-risk roles.
Compliance with Laws: The company ensures that all background checks meet FCRA regulations, so businesses can confidently use these reports for employment decisions, while also ensuring they comply with all applicable legal standards.
Secure Online Access: Users can securely access their reports online, simplifying the process of reviewing and sharing the information with relevant stakeholders, such as HR departments or legal teams.
Flexible Options: ExactBackgroundChecks.com offers various types of checks for different industries, whether for employment, housing, or legal purposes.

By using a reliable service like ExactBackgroundChecks.com, you can ensure that the background check process in Michigan is handled quickly, efficiently, and in full compliance with state and federal laws.

Legal Aspects of Michigan Criminal Background Checks

Understanding the legal framework surrounding criminal background checks in Michigan is crucial for both employers and individuals. The law governs how background checks should be conducted, what can and cannot be included, and how the information can be used.

Michigan’s Employment Background Check Laws Michigan has specific laws that regulate how criminal background checks can be used for employment purposes. Employers are generally permitted to ask about criminal convictions, but there are limitations:
- Fair Employment Practices: Employers are prohibited from discriminating against individuals based solely on their criminal history unless the offense is directly related to the job they are applying for.
- Use of Criminal Records: Employers must ensure that criminal history is relevant to the job position and that they are not violating any civil rights laws by using certain criminal convictions against a candidate.
- Ban the Box: Michigan, like many other states, has implemented a “Ban the Box” policy, which prevents employers from asking about criminal convictions on job applications. This law is aimed at giving applicants with criminal records a fairer chance by focusing on their qualifications first. However, employers are allowed to inquire about criminal history later in the hiring process.
Expungement and Sealing of Criminal Records in Michigan Michigan law allows certain individuals to have their criminal records expunged or sealed under specific conditions. Expungement refers to the process of removing criminal convictions from a person’s record, while sealing makes the record inaccessible to the public but still available for certain legal purposes.
- Eligibility: Not all offenses are eligible for expungement, and there are restrictions based on the type of crime, the number of offenses, and the time elapsed since the conviction.
- Effect on Background Checks: If a record is expunged or sealed, it may not show up in a criminal background check, making it important for individuals seeking employment or other opportunities to understand their rights.
Fair Credit Reporting Act (FCRA) The Fair Credit Reporting Act (FCRA) is a federal law that governs how background checks are conducted, especially when third-party companies are involved. Under the FCRA:
- Disclosure and Consent: Employers must inform candidates that they will be conducting a background check and obtain written consent before proceeding.
- Adverse Action: If a criminal record is found and an employer decides not to hire an individual based on that information, they must provide the candidate with a copy of the report and an opportunity to dispute inaccuracies.
Michigan Sex Offender Registry Michigan maintains a Sex Offender Registry, which includes information about individuals convicted of certain sex crimes. Employers and landlords may be required to check the registry for specific positions or housing situations.
Other Legal Considerations
- Private and Public Sector Variations: Background check laws may differ depending on whether the employer is a private company or a public entity. For example, some public sector jobs may have stricter requirements.
- Discrimination: While an employer may use criminal history to make employment decisions, they must avoid discrimination based on race, national origin, or other protected categories under the Civil Rights Act of 1964 and Michigan’s Elliott-Larsen Civil Rights Act.

Frequently Asked Questions (FAQs) about Michigan Criminal Background Checks

How do I get a copy of my criminal background check in Michigan?

To obtain a copy of your criminal background check in Michigan, you can request it through the iChat system offered by the Michigan State Police. You will need to provide your personal information and pay the required fee. Alternatively, you can submit a mail-in request for a more detailed check, which may require additional documents like fingerprints.

Can a criminal background check prevent me from getting a job in Michigan?

A criminal background check can impact your job prospects, but it does not automatically disqualify you from employment. Michigan's Ban the Box policy helps ensure that employers do not make immediate judgments based on criminal history. However, employers can still consider criminal convictions if they are directly relevant to the job position.

How far back do criminal background checks go in Michigan?

Michigan criminal background checks generally include convictions for the past 7 years, but certain checks may go further back, especially if requested by a specific industry or employer. Arrests that did not result in convictions or sealed records may not appear.

How do employers use criminal background checks in Michigan?

Employers use criminal background checks to assess the suitability of a candidate for a specific job. They are used to help ensure workplace safety, reduce risks, and comply with industry regulations. However, Michigan law requires that background checks are only used when relevant to the job, and employers cannot base hiring decisions solely on a person’s criminal history.

Are there any exemptions to background checks in Michigan?

Some exemptions apply depending on the type of job or industry. For example, certain government or law enforcement positions may have more stringent background check requirements. Additionally, some positions may not require a criminal background check, depending on the employer’s policies and the nature of the work.

Conclusion

Criminal background checks in Michigan play a crucial role in ensuring safety, compliance, and responsible decision-making for employers, landlords, and individuals. By understanding the process and legal considerations involved, both employers and applicants can navigate this important aspect of the hiring process with confidence.

Whether you are conducting background checks for employment, housing, or legal purposes, it is vital to follow the correct procedures to ensure compliance with Michigan laws and federal regulations. Services like ExactBackgroundChecks provide a reliable and efficient way to conduct thorough background checks, ensuring that the information is accurate, timely, and in line with legal requirements.

By using trusted services, you can ensure that you are making informed decisions while protecting both your business and the rights of the individuals involved. Whether you are a job applicant looking to clear your record or an employer needing a reliable background check, understanding the nuances of Michigan criminal background checks is essential for making safe, lawful, and informed decisions.