A Michigan background check usually means one of two things: an ICHAT name search run through the Michigan State Police for $10, or a fingerprint-based Livescan check used for licensing and regulated jobs.1Michigan State Police. Find Out What Remains on Your Record What actually shows up depends on which search is run, whether your record has been sealed under Michigan’s Clean Slate law, and what federal rules require the requester to do with the results.
What an ICHAT Search Shows
ICHAT, the Internet Criminal History Access Tool, pulls from the Michigan State Police’s central criminal history repository. Law enforcement, prosecutors, and courts in all 83 counties are required to report felonies and misdemeanors punishable by more than 93 days into that repository.2Michigan State Police. Criminal History Records A typical report includes the offense date, the specific charge, and the sentence imposed. Pending criminal charges that have not yet reached a final disposition show up too, along with entries from the Michigan Sex Offender Registry.
ICHAT is open to the public. Employers, landlords, and individuals can all run one, and no reason or permission is required. You need the subject’s full legal name and date of birth, plus any aliases or former names. Typos matter: a small misspelling can produce a false “no record found” result.
The gaps are what surprise people. ICHAT does not include federal crimes, out-of-state criminal history, tribal records, traffic offenses, juvenile records, or local misdemeanors punishable by 92 days or less.2Michigan State Police. Criminal History Records Suppressed records and active warrant information are also excluded. A federal offense committed in Michigan or a conviction from Ohio will not appear.
When a Fingerprint Check Is Used
A fingerprint-based check is more thorough than an ICHAT name search because fingerprints are unique identifiers, so people who share a name don’t get confused with each other. Michigan uses Livescan technology, which captures digital fingerprints at authorized vendor locations. The Michigan State Police keeps a directory of approved Livescan agencies on its website.3Michigan State Police. Search, Expunge, Modify, or Update Criminal History Records
These checks are typically required for professional licensing, employment in regulated industries like healthcare and education, and certain government positions. The Livescan vendor collects state and FBI search fees at your appointment and may add its own service fee.3Michigan State Police. Search, Expunge, Modify, or Update Criminal History Records Because the search routes through the FBI’s national database, it can surface federal convictions and out-of-state records that ICHAT would miss.
What Clean Slate Removes From Your Record
Michigan’s Clean Slate law, codified at MCL 780.621g, automatically seals eligible convictions without requiring you to file anything.4Michigan Legislature. Michigan Code 780-621g – Setting Aside Certain Convictions Without Application Waiting periods depend on the severity of the offense:
- Misdemeanors with a maximum sentence of 92 days or less: automatically set aside 7 years after sentencing, with no cap on how many can be sealed.
- Misdemeanors with a maximum sentence of 93 days or more: automatically set aside 7 years after sentencing.
- Felonies: automatically set aside 10 years after sentencing or release from prison, whichever comes later.
The law caps automatic set-asides at 2 felony convictions and 4 misdemeanor convictions (93 days or more) during a person’s lifetime.5Michigan Supreme Court. Automatic Set Aside (Clean Slate) Q and As
Not every conviction qualifies. The automatic process excludes assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10 or more years in prison, crimes involving a minor, vulnerable adult, injury, serious impairment, or death, human trafficking offenses, operating while intoxicated, commercial vehicle violations, and traffic offenses causing injury or death.6Michigan State Police. Clean Slate People with excluded convictions may still petition a court for a traditional set-aside under MCL 780.621, but that path requires an application and separate eligibility criteria.
What Michigan Employers Cannot Ask
Michigan’s Elliott-Larsen Civil Rights Act prohibits employers from requiring applicants or employees to disclose any arrest, detention, or interaction with law enforcement that did not result in a conviction.7Michigan Legislature. Michigan Compiled Laws Act 453 of 1976 – Elliott-Larsen Civil Rights Act The protection covers all offenses, not just misdemeanors. Employers cannot ask about these incidents on an application, bring them up in an interview, or keep records of them. If you were arrested but the charges were dropped or you were acquitted, that event is off limits.
Michigan also has a “ban the box” rule for classified state civil service positions. The Michigan Civil Service Commission prohibits state departments from asking about criminal history on the initial job application; the inquiry is delayed until an applicant is selected for an interview. This rule applies only to state government hiring and does not extend to private employers or local government.
Your Rights When an Employer Uses a Screening Company
When a background check runs through a third-party screening company rather than through ICHAT directly, the federal Fair Credit Reporting Act adds another layer of protection on top of Michigan law.
Consent Is Required in Writing
Before an employer can pull a background check through a screening company, the FCRA requires a standalone written disclosure telling you a background check will be conducted, plus your written authorization to proceed.8Office of the Law Revision Counsel. 15 USC 1681b – Permissible Purposes of Consumer Reports The disclosure must be a separate document. Employers cannot bury it inside a job application or combine it with liability waivers.
How Far Back Reports Can Go
Consumer reporting agencies cannot include certain negative information more than seven years old, including arrests that did not lead to conviction and civil judgments.9Office of the Law Revision Counsel. 15 USC 1681c – Requirements on Consumer Reporting Agencies Criminal convictions have no federal time limit and can be reported indefinitely. Clean Slate effectively creates a state-level time limit for eligible Michigan convictions by sealing them, but convictions outside its scope remain reportable.
If You Are Rejected Because of the Report
If an employer decides not to hire you based in whole or in part on a background check, the FCRA requires a two-step process. Before the final decision, the employer must send a pre-adverse action notice that includes a copy of the report and a written summary of your rights.8Office of the Law Revision Counsel. 15 USC 1681b – Permissible Purposes of Consumer Reports That gives you a chance to review the report and dispute errors before the decision is finalized. A final adverse action notice comes after a reasonable waiting period and identifies the screening company along with your right to a free copy of the report and to challenge inaccurate information.
If your rights were violated, you can dispute errors directly with the reporting agency, which must investigate within 30 days.10Federal Trade Commission. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting Act Screening companies that report inaccurate data and employers who skip the adverse action steps both face potential civil liability.
If You Hold a Professional License
A criminal record can affect more than employment. Michigan’s Department of Licensing and Regulatory Affairs (LARA) oversees occupational licenses for healthcare workers, real estate agents, teachers, and dozens of other professions, and many of these licenses require a fingerprint-based background check as part of the application.
Healthcare professionals have an added duty: Michigan law requires them to self-report any criminal conviction to LARA within 30 days. Failing to report is itself a licensing violation that can result in sanctions from a reprimand through license revocation, independent of any discipline tied to the underlying conviction. Rules vary by board for other licensed professions; some conduct automatic record checks at renewal, others rely on self-disclosure. If you hold a Michigan professional license and pick up a criminal charge, contact your specific licensing board rather than waiting for the case to resolve.