Michigan Criminal Background Check: Complete Guide

Understanding Michigan Criminal Background Checks

Michigan maintains one of the most accessible criminal record systems in the United States, but navigating the various databases and understanding what information is available can be challenging. Whether you're an employer vetting candidates, a landlord screening tenants, or an individual conducting due diligence, understanding how Michigan's criminal justice system stores and shares information is essential.

Michigan criminal records are primarily maintained by the Michigan State Police (MSP) through the Internet Criminal History Access Tool (ICHAT). This system allows the search of public criminal history record information, with all felonies and serious misdemeanors that are punishable by over 93 days required to be reported to the state repository by law enforcement agencies, prosecutors, and courts in all 83 Michigan counties. However, ICHAT is just one piece of the puzzle when conducting a comprehensive background check.

Types of Criminal Records Available in Michigan

Michigan's criminal justice system categorizes offenses into several types, each with different levels of public accessibility:

Felony Convictions

All felony convictions in Michigan are public record and searchable through ICHAT. These include violent crimes, drug offenses, white-collar crimes, and property crimes. Felony records remain on an individual's criminal history indefinitely unless expunged through legal proceedings. Felonies are handled by the Circuit Court, which handles felonies, civil cases over $25K, family law cases, and some appeals from lower courts.

Misdemeanor Convictions

Serious misdemeanors are also available through ICHAT, though some minor misdemeanors may not appear in the database. Michigan classifies misdemeanors by maximum jail time, ranging from 93-day misdemeanors to high court misdemeanors carrying up to two years. District Courts are responsible for civil cases of $25K or less, traffic violations, misdemeanors, and preliminary hearings for felonies.

Arrest Records Without Conviction

This is where things get complicated. Suppressed records and warrant information are not available through ICHAT. Michigan does not include arrest records that did not result in conviction in the ICHAT public database. However, these records may still exist in local police department databases or county court systems. With the exception of law enforcement agencies and political subdivisions of the state, Michigan employers cannot ask candidates about or gather information related to misdemeanor arrests, detentions, or dispositions not resulting in convictions.

Sex Offender Registry

Michigan maintains a separate public sex offender registry through the MSP. This registry is searchable by name, address, and geographic area, and includes detailed information about registered offenders, including photographs, offense details, and current addresses.

How to Access Michigan Criminal Records

ICHAT: The Official State System

ICHAT is the only public resource for name-based Michigan criminal history background checks. To use ICHAT, you need the individual's full legal name and date of birth. A Michigan ICHAT criminal record search costs $10 per search. The system provides instant results showing conviction records maintained by the MSP.

ICHAT searches are straightforward but have limitations. Also not included are federal records, tribal records, traffic records, juvenile records, local misdemeanors, and criminal history from other states. Additionally, very recent convictions may take several weeks to appear in the system as courts process paperwork. ICHAT search results are available to view and print online immediately once payment is approved. The results are available that day and for the next seven days; after the seventh day they will be deleted. The results are NOT mailed.

Fingerprint-Based Background Checks

Criminal history background checks are performed either through a search by name or a search using fingerprints. Fingerprints are done only if a state or federal statute or executive order or rule requires such a search. Fingerprint-based checks provide more comprehensive results than name-based searches and are mandatory for certain industries and positions.

To obtain a fingerprint-based background check, you must obtain a RI-030 Livescan Fingerprint Background Check Request form from your employer or the licensing agency, complete sections II and IV of the form, and contact an approved Livescan agency. The Live Scan process uses digital fingerprint scanning technology to capture prints electronically and transmit them to the Michigan State Police and, when required, to the FBI.

For roles in schools, healthcare, or childcare, fingerprint-based checks get scheduled online through approved Live Scan providers, and prints route to the Michigan State Police - and, for many positions, to the FBI - with fees that often land in the $60-$70 range depending on purpose. Many police departments and county sheriffs also take fingerprints for licensing and employment. Please call ahead to check availability and costs.

County Court Records

Each of Michigan's 83 counties maintains its own court records system. For the most comprehensive search, especially for recent cases or pending charges, checking county-level records is essential. Many counties now offer online case search systems, though the quality and accessibility vary significantly.

Wayne County, Oakland County, and Macomb County-the three largest counties in Michigan-all maintain searchable online databases. Smaller counties may require in-person visits or written requests to access records. The MiCOURT Case Search system provides access to case information from participating courts across Michigan, though not all courts participate in this online portal.

Federal Court Records

Federal crimes prosecuted in Michigan's Eastern or Western Districts appear in the federal PACER system, not in state databases. These cases include federal drug trafficking, white-collar crimes, and civil rights violations. PACER requires an account and charges per page viewed.

OTIS: Michigan Department of Corrections Database

A search of OTIS will provide information about offenders previously or currently under the jurisdiction or supervision of the MDOC. A search result will provide information about any offender who is, or was, in a Michigan prison, on parole or probation under the supervision of the MDOC, has transferred in or out of Michigan under the Michigan Interstate Compact, or who has escaped or absconded from their sentence. However, only offenders who have been under the jurisdiction or supervision of the MDOC within the last three years will appear. If more than three years has elapsed, the information will not be available on OTIS.

Free Criminal Records Search Tools

For those conducting preliminary searches or needing to check multiple databases simultaneously, tools like Galadon's Criminal Records Search can streamline the process. These platforms aggregate data from multiple sources including sex offender registries, corrections records, arrest records, and court records nationwide, providing a broader view than single-state databases alone.

Michigan's Clean Slate Law and Automatic Expungement

Understanding Michigan's expungement laws is critical when conducting background checks, as these laws significantly impact what information appears in criminal records searches.

What is the Clean Slate Law?

On April 11, 2023, the Michigan State Police rolled out a process to automatically expunge certain convictions without an application, per the clean slate legislation that was enacted in 2020. This groundbreaking program has dramatically changed Michigan's criminal records landscape.

The automatic expungement program will automatically expunge qualifying, eligible convictions, using information from the Criminal Historical Record database to determine when the proper waiting period for each conviction has elapsed. Over 1 million residents had convictions automatically expunged on April 11, with 400,000 of whom ending the day completely conviction-free.

Eligibility for Automatic Expungement

Expansions under the Clean Slate laws include eligibility for up to three felonies and unlimited misdemeanors, excluding certain assault or weapons offenses and felonies that carry a maximum sentence of life in prison. The waiting periods vary by offense type:

Felonies have a 10-year waiting period. For all eligible misdemeanors, there is a 7-year waiting period starting from the date you were sentenced. The automatic expungement program will run every day to check for newly eligible convictions, and MSP will pass along that information to the courts whenever a qualifying expungement takes place.

Impact on Background Checks

ICHAT shows Michigan public criminal history while excluding juvenile, sealed, or set-aside records. Because Clean Slate automatic expungement began in April 2023, older eligible misdemeanors and some felonies may no longer appear. The public records in the MSP database are what show up in an ICHAT search. When a conviction is expunged by the program, it should become non-public. This means it should no longer show up in an ICHAT search.

This creates an important consideration for employers and others conducting background checks: records that appeared in searches conducted before automatic expungement may no longer be visible. The best way to check if you've received an automatic expungement is to visit the Internet Criminal History Tool (ICHAT) after April 11 and view your public record.

Michigan-Specific Background Check Laws

Employer Considerations

Michigan employers must navigate both state and federal regulations when conducting criminal background checks. The Elliott-Larsen Civil Rights Act prohibits discrimination in employment based on various protected characteristics, including how criminal history information is used in hiring decisions. Under Michigan law, employers may not ask an applicant about a misdemeanor arrest that did not result in a conviction. Employers may ask about felony or misdemeanor convictions or felony arrests which did not result in a conviction.

Under Michigan law, employers must obtain written consent before conducting a background check and must provide a copy of the report if adverse action is taken based on the results. The federal Fair Credit Reporting Act (FCRA) also applies when employers use third-party background check services.

When employers work with a CRA to conduct Michigan background checks, you must also comply with the federal Fair Credit Reporting Act (FCRA). The FCRA limits the lookback period for some elements of a background check to seven years for positions with an annual salary of less than $75,000-including arrests, civil judgments, tax liens, and accounts in collection.

Ban the Box Legislation

Michigan does not currently have a statewide ban the box law that restricts when employers can inquire about criminal history. However, this absence of state-level regulation has led to a patchwork of local ordinances that create varying requirements across different municipalities.

Detroit implemented a comprehensive Fair Chance Ordinance that prohibits employers with four or more employees from asking about criminal history on job applications or during initial interviews. The ordinance requires employers to delay criminal history inquiries until after making a conditional offer of employment. Similar restrictions exist in other Michigan cities including Kalamazoo, Saginaw, and East Lansing for municipal employment.

Individualized Assessment Requirements

Employers cannot simply adopt blanket policies excluding all applicants with criminal records. An employer may not adopt a blanket policy of refusing to consider or hire anyone who has a criminal conviction. Instead, employers must consider the nature and gravity of the offense, the time that has passed since the conviction, and the relationship between the criminal conduct and the job being sought.

Industry-Specific Requirements

In some cases when hiring in the state of Michigan, background checks may be mandated by law within specific industries or for certain types of employment. For example, in Michigan, positions that work with vulnerable populations like children and the elders, are subject to a Workforce Background Check by the Michigan Department of Licensing and Regulatory Affairs.

Conducting Due Diligence: Best Practices

For Employers

When screening candidates, employers should implement a consistent process that complies with both legal requirements and business needs. Start with an ICHAT search for Michigan convictions, but supplement this with county-level searches in areas where the candidate has lived or worked. Consider the relevance of any findings to the position-a 15-year-old minor drug conviction may not be relevant for an office job.

Document your decision-making process. If you decide not to hire someone based partially on criminal history, ensure the decision is based on legitimate business reasons and that similar situations are handled consistently. Maintain proper FCRA compliance by providing pre-adverse action notices and giving applicants time to dispute any inaccuracies.

Consider implementing a multi-layered approach that includes verification of professional credentials and contact information. Tools like Galadon's Email Verifier can help confirm that the contact information candidates provide is legitimate and actively used, adding another layer of verification to your due diligence process. For business relationships requiring deeper vetting, the Background Checker provides comprehensive background reports with trust scores.

For Landlords

Michigan landlords can consider criminal history when screening tenants, but should apply criteria consistently and ensure policies don't create discriminatory effects. HUD guidance indicates that blanket policies rejecting anyone with a criminal record may violate fair housing laws. Instead, consider the nature and severity of the offense, when it occurred, and evidence of rehabilitation.

Landlords should be particularly mindful of Michigan's expungement laws when reviewing older background check reports. A conviction that appeared in a background check run several years ago may have since been expunged and should no longer be considered. Always run fresh background checks rather than relying on outdated information.

For Personal Safety

Individuals conducting background checks for personal relationships or safety concerns should use multiple sources. Check the sex offender registry, conduct ICHAT searches, and search county records. Tools that aggregate multiple databases can save time and provide more comprehensive results than checking each source individually.

When researching individuals you'll be working with or allowing into your home, combining criminal background checks with other verification methods provides the most complete picture. Galadon's suite of tools can help verify different aspects of someone's identity and background, from the Criminal Records Search to contact verification tools.

Understanding Background Check Costs in Michigan

The cost of conducting a Michigan criminal background check varies depending on the method and comprehensiveness of the search:

A Michigan ICHAT criminal record search costs $10 per search. This is the official state database and provides authoritative conviction information for Michigan offenses. However, it's limited to in-state convictions and doesn't include other verification types.

Fingerprint-based background checks cost more due to the additional processing and broader scope. Submit the fingerprints and a $30.00 processing fee in the form of a money order or check made payable to the State of Michigan. When fingerprint checks include FBI searches, additional federal fees apply.

Third-party background check services typically charge varying rates depending on the comprehensiveness of the report. These services often bundle multiple search types including credit history, employment verification, and multi-state criminal records. The convenience and breadth of information justify higher costs for many employers and organizations.

Common Challenges and Limitations

Name Variations and Accuracy

Criminal records may be filed under different name variations-nicknames, maiden names, or misspellings. Someone named "Michael Johnson" might have records under "Mike Johnson," "M. Johnson," or variations with middle names. Social security numbers and driver license numbers are not searchable in ICHAT, making name accuracy even more critical. Always search multiple name combinations and verify matches using additional identifiers like date of birth.

Multi-State Histories

Also not included are federal records, tribal records, traffic records, juvenile records, local misdemeanors, and criminal history from other states. A search for a record that may be in another state requires that you correspond with that state directly. For individuals who have lived in multiple states, you'll need to search each state's database separately. Nationwide criminal database searches can help identify records in other states, though these databases vary in completeness.

Timeliness of Information

Court records take time to flow through the system. A conviction from last month might not appear in ICHAT yet. For time-sensitive decisions, supplementing database searches with direct county court checks is advisable. Similarly, expunged records may take time to be removed from all databases, creating potential discrepancies between different search methods.

Record Retention and Removal

The Michigan Legislature requires the MDOC to keep offender information on OTIS for three years after discharge. Information is removed from OTIS only if the conviction is set aside, expunged by the sentencing court or by operation of law, or three years has elapsed since the offender has discharged. This means that corrections information has a limited window of availability, unlike conviction records which persist until expunged.

Comparing Free vs. Paid Search Options

While Michigan's ICHAT system provides authoritative conviction data, it has significant limitations. Free search tools can provide a broader initial screening, checking multiple databases including federal records, other state records, and specialty databases like sex offender registries simultaneously.

Galadon's Criminal Records Search offers a starting point for comprehensive background checks by searching across multiple record types and jurisdictions. For official purposes like employment decisions, these results should be verified through official channels like ICHAT or county courts.

Paid background check services typically provide more comprehensive reports including credit history, employment verification, and education verification alongside criminal records. The choice between free and paid depends on your specific needs and the stakes involved in your decision. For high-stakes decisions like key hires or significant business partnerships, the investment in comprehensive paid searches is usually justified.

Step-by-Step: How to Run a Michigan Background Check

For Name-Based ICHAT Searches

To conduct an official name-based criminal history search through ICHAT, follow these steps:

1. Visit the Michigan State Police ICHAT portal
2. Create an account or log in (required for searches)
3. Enter the subject's full legal name and date of birth
4. Review and confirm the $10 search fee
5. Complete payment using a credit card
6. View and print results immediately
7. Save results within seven days (they are deleted after that period)

ICHAT reports may not be accepted by all organizations. Check with the agency requiring the background check before paying for an ICHAT search.

For Fingerprint-Based Searches

When fingerprints are required by statute or for more comprehensive checks:

1. Obtain the RI-030 Live Scan Fingerprint Background Check Request form from your employer or licensing agency
2. Complete the required sections of the form
3. Locate an approved Live Scan vendor (check the Michigan State Police website for authorized vendors)
4. Schedule an appointment with the Live Scan vendor
5. Bring valid identification to your appointment
6. Pay the vendor fee (typically $60-$70 total including state and federal fees)
7. Have your fingerprints scanned electronically
8. Results are returned to the requesting agency within seven business days

For County Court Searches

To search county court records directly:

1. Identify the county where the subject has lived or worked
2. Visit the county circuit court or district court website
3. Use the online case search function (if available)
4. Search by name and date of birth
5. For counties without online access, contact the court clerk's office
6. Request specific case information or certified copies as needed

What Employers Need to Know About Michigan Background Checks

Legal Compliance Framework

Michigan employers must navigate multiple layers of regulation when conducting background checks. At the federal level, the FCRA and Title VII of the Civil Rights Act apply. At the state level, the Elliott-Larsen Civil Rights Act and Michigan's specific arrest record protections come into play. Local ordinances in cities like Detroit add additional requirements.

The key compliance steps include obtaining written authorization, providing proper disclosure, conducting individualized assessments when criminal history is discovered, providing pre-adverse action notices, waiting an appropriate period for dispute resolution, and providing final adverse action notices if employment is denied based on background check results.

Timing of Background Checks

While Michigan doesn't have a statewide ban the box law for private employers, best practices suggest delaying criminal history inquiries until after initial interviews or conditional offers. This approach reduces the risk of discrimination claims and ensures candidates are evaluated first on their qualifications.

For positions where background checks are legally mandated, clearly communicate this requirement in job postings and early in the hiring process to manage candidate expectations.

Interpreting Results

When criminal history is discovered, employers must avoid knee-jerk disqualifications. Instead, conduct an individualized assessment considering the nature and gravity of the offense, the time elapsed since the conviction or completion of sentence, and the nature of the job sought. Document this analysis thoroughly.

Be aware that missing records don't necessarily mean a clean history. Recent offenses may not yet appear in databases, out-of-state convictions won't show in Michigan-only searches, and expunged records are intentionally absent. For positions requiring comprehensive vetting, multi-jurisdictional searches are essential.

Special Considerations for Different Industries

Healthcare and Childcare

Positions involving vulnerable populations face the strictest background check requirements. Healthcare facilities, schools, and childcare centers typically must conduct fingerprint-based background checks that include both state and federal searches. Positions that work with vulnerable populations like children and the elders, are subject to a Workforce Background Check by the Michigan Department of Licensing and Regulatory Affairs.

These industries often have specific disqualifying offenses listed in state regulations. Criminal Sexual Conduct convictions, certain assault offenses, and crimes against vulnerable adults typically result in automatic disqualification from positions involving patient or child care.

Financial Services

Financial institutions and positions involving access to financial information or assets require particularly thorough background checks. In addition to criminal history, credit checks are common in this sector. However, employers must comply with FCRA requirements and avoid discriminatory practices when considering credit information.

Transportation and CDL Positions

Commercial driver positions require checks of driving records in addition to criminal background checks. Michigan's Secretary of State maintains driving records which can be accessed for employment screening purposes. DUI convictions and traffic offenses are particularly relevant for these positions.

Professional Licensing

Many licensed professions in Michigan require background checks as part of initial licensure and renewal processes. The Michigan Department of Licensing and Regulatory Affairs oversees background check requirements for healthcare professionals, educators, and numerous other licensed occupations. These checks are typically more comprehensive than standard employment screenings.

Additional Verification Tools

Criminal background checks are often just one component of a comprehensive vetting process. Depending on your needs, consider supplementing criminal record searches with other verification methods:

For business relationships, verifying someone's professional background and contact information can be just as important as criminal history. Tools like Galadon's Email Verifier can help confirm that the contact information someone provides is legitimate and actively used, adding another layer of verification to your due diligence process.

When hiring remote employees or contractors, the Email Finder can help verify professional email addresses, while the Mobile Number Finder assists in confirming contact information provided by candidates.

For landlords conducting tenant screening, combining criminal background checks with the Property Search tool can reveal previous addresses and help verify rental history claims.

When to Seek Professional Help

While many background checks can be conducted independently, certain situations warrant professional assistance. Consider hiring a licensed private investigator or professional background screening company when:

• Making high-stakes hiring decisions for positions with significant responsibility or access to sensitive information
• Screening involves individuals with complex histories across multiple jurisdictions
• You need verified, court-certified documents for legal proceedings
• Your organization lacks the expertise to properly interpret criminal record information
• You need to ensure strict compliance with FCRA and other applicable regulations
• Dealing with candidates who have lived or worked in multiple states or countries
• Facing time constraints that prevent thorough manual searches across multiple databases
• Requiring ongoing monitoring of employees in sensitive positions

Professional screening companies have direct access to more comprehensive databases and understand the legal nuances of properly conducting and interpreting background checks. They also stay current with changing regulations and expungement laws that affect record availability.

Understanding Michigan Court Structure

To effectively search court records, understanding Michigan's court system structure is essential. Michigan has a four-tiered court system, each handling different types of cases:

The Michigan court system has 4 levels. At the first are the District Courts and Probate Courts. The former are responsible for civil cases of $25K or less, traffic violations, misdemeanors, and preliminary hearings for felonies. The latter handles wills, estates, and protection of incompetent persons.

At the second level are the Circuit Courts and the Court of Claims. The former handles felonies, civil cases over $25K, family law cases, and some appeals from lower courts. The latter handles civil suits against the State, and disputes between citizens and administrative agencies.

Understanding which court handles which types of cases helps you target your search effectively. For comprehensive background checks, searching both district court (for misdemeanors) and circuit court (for felonies) records in relevant counties provides the most complete picture.

Michigan Sex Offender Registry

The Michigan Public Sex Offender Registry (PSOR) is maintained separately from ICHAT and serves as a critical public safety resource. This registry contains information about individuals convicted of certain sex offenses who are required to register under Michigan law.

The registry is searchable by name, address, or geographic location. Information available includes the offender's current address, photograph, physical description, vehicle information, conviction details, and tier classification (which determines registration duration requirements).

For landlords, employers in certain industries, and individuals conducting personal safety research, checking the sex offender registry is an essential component of background screening. The registry is publicly accessible through the Michigan State Police website and updated regularly as offenders move or update their registration information.

Privacy and Data Protection Considerations

When conducting background checks, you're handling sensitive personal information that carries legal and ethical responsibilities. Michigan law, including the Identity Theft Protection Act, requires specific data protection measures when handling personal information.

Best practices include limiting access to background check information to only those with a legitimate need to know, storing results securely with encryption for electronic records, establishing document retention policies that comply with legal requirements, disposing of records properly when no longer needed, and training staff who handle background check information on privacy and compliance requirements.

Under FCRA, if you use a third-party consumer reporting agency, they bear responsibility for data accuracy and security. However, employers still must protect the information once received and use it only for permissible purposes.

Staying Compliant and Informed

Michigan's criminal justice system and background check regulations continue to evolve. The state has expanded expungement eligibility, adjusted record retention policies, and modified how certain information is shared publicly. Staying current with these changes is essential for anyone regularly conducting background checks.

Key resources for staying informed include the Michigan State Police Criminal History Records page, which provides updates on ICHAT and record access procedures; the Michigan Department of Civil Rights, which issues guidance on employment discrimination and background check compliance; industry associations and professional groups that provide compliance training and updates; and legal counsel specializing in employment law or landlord-tenant law.

To date, over 5 million convictions have been automatically sealed by the Michigan State Police and state courts. This dramatic shift in record availability means that background check practices that were adequate in previous years may no longer be comprehensive or legally compliant.

Before making any significant decision based on criminal background information, verify that your process complies with current Michigan law and federal regulations. When in doubt, consult with an attorney specializing in employment law or landlord-tenant law to ensure your practices are legally sound.

Michigan criminal background checks serve important purposes for safety and risk management, but they must be conducted thoughtfully, legally, and with respect for individual rights. By understanding the available resources, their limitations, and the applicable legal framework, you can make informed decisions while treating all parties fairly.