Michigan Ban the Box Law: What Employers Can and Cannot Ask

What the Law Covers

Executive Directive 2018-4 tells Michigan executive-branch departments and agencies not to include criminal-history questions in job applications or postings. The directive took effect October 1, 2018; covered agencies may ask later in the hiring process. It applies to state agencies, not every Michigan employer.

Local rules can cover narrower groups. Ann Arbor's ordinance bars city contractors from asking about an applicant's criminal history until after a conditional offer for a position needed to fulfill the city contract. Detroit's Fair Chance Access ordinance concerns rental housing, not a general rule for private-employer hiring.

What Employers Can Still Do

Ban-the-box policies delay when a covered employer may ask about criminal history; they do not by themselves prohibit a later question or background check. Check which policy covers the employer and position before relying on a particular timing rule.

The federal and local requirements for background checks or individualized hiring assessments are outside the product research. Do not treat a ban-the-box rule as a guarantee that an employer cannot conduct a later background check.

How a Set-Aside Changes the Equation

After a Michigan set-aside, the conviction becomes nonpublic and no longer appears on a standard ICHAT criminal history search. Under MCL 780.622, the individual can generally deny having a criminal record for that offense, subject to statutory exceptions.

This changes the record's public status. But it introduces a different problem.

Private background check companies do not automatically sync with court records. If an employer uses a commercial screening service like Checkr or Sterling, a set-aside conviction may still appear on the report. Under the Fair Credit Reporting Act, the applicant can dispute inaccurate information; the company generally has 30 days to reinvestigate and must correct or delete information it finds inaccurate, incomplete, or unverifiable. A limited 15-day extension can apply if the applicant provides relevant information during the first 30 days.

Exceptions

The state directive does not apply to a position when state or federal law prohibits hiring a person with a criminal history for that position. It also does not bind the Michigan Department of State or Department of Attorney General, although those departments were encouraged to follow it. MCL 780.623 includes access for judicial-branch licensing functions, not a general grant of access to all professional licensing boards; any separate board access depends on its own authority.

Practical Steps

For anyone with a Michigan criminal record navigating the job market, the sequence matters:

1. Run an ICHAT search ($10) to see what the public record shows
2. If eligible, file for a set-aside to remove the conviction from public view
3. After the set-aside is granted, proactively dispute the record with major commercial screening companies
4. Apply knowing the set-aside makes the conviction nonpublic in the state record; a private report may need separate follow-up

The Michigan Expungement & Record Sealing Guide includes the background check dispute kit — pre-formatted letters for Checkr, HireRight, Sterling, and other major screening providers.

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