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Michigan Background Check Laws: What Employers Need to Know
Michigan largely follows federal FCRA standards, with a few added protections around arrest records and applicant privacy, relevant across the state's automotive, manufacturing, and mobility tech industries, whether you're hiring in Detroit, Grand Rapids, or Ann Arbor.
Salary History
State and local government employers are prohibited from asking applicants about their past salary.
Use of Arrest Records with No Conviction
Employers can't consider a misdemeanor arrest that didn't result in a conviction.
Social Media Password Protections
Employers can't request usernames or passwords for an applicant's or employee's personal websites or social media accounts, with some exceptions related to workplace misconduct investigations.
Pass-Through Fees for Michigan Records
| Record Type | Fee |
|---|---|
| Criminal county search | Varies by county — county clerk offices each set their own record access fee |
| Criminal statewide (MI State Police Criminal Justice Information Center) | $10.00 per search via ICHAT (Internet Criminal History Access Tool) |
| Motor vehicle record | $15.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from Michigan Employers
Does Michigan have a Ban-the-Box law?
No statewide law for private employers. Michigan's salary history restriction is limited to state and local government employers specifically.
Can I ask a Michigan candidate for their social media password?
No, with limited exceptions tied to misconduct investigations. Standard hiring screening doesn't fall under those exceptions.
Can a misdemeanor arrest with no conviction affect a Michigan hiring decision?
No. Employers can't consider a misdemeanor arrest that didn't result in a conviction.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
