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Michigan Background Check

No matter what industry you are in, regardless of the industry, any business needs to carry out thorough, accurate, and legally compliant pre-employment checks in the process of hiring.

A state-of-the-art Michigan background check for employees can assist your business in identifying trustworthy and secure employees who are qualified to perform their duties. As a result, your business is more likely to flourish and expand with the right workforce.

 

Michigan Background Check

 

It is important to be cautious when conducting a background check in Michigan and ensure you adhere to all federal and state laws which govern the procedure. For example, different laws govern how crucial background information is collected through consumer reports agencies (CRAs) and what employers can do with the information they gather in making a hiring selection.

In compliance with all relevant laws regarding background checks on employment in Michigan will require you to have up-to-date knowledge of the regulations and access information to collect crucial information regarding job applicants.

The Koleman Group LLC is up-to-date with applicable laws and regulations that apply to Michigan background checks before employment. We have done pre-employment screenings at companies located in Detroit, Lansing, Ann Arbor, Grand Rapids, Flint, and many other cities.

We've written this guideline on conducting precise and FCRA-compliant Michigan background checks on employees to help businesses operating in Michigan.

Michigan Background Check Laws in 2022

In Michigan, employers and CRAs must adhere to the federal and state laws about background checks before employment and the data gathered and used in hiring decisions.

Suppose you don't comply with your company's background check laws in Michigan. Your company could be subject to penalties and lawsuits.

Below, we've provided details on some of the most crucial background check laws that Michigan employers must know about and follow.

Federal Laws on Employment Background Checks

On the national level, The Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964 are the two most important laws governing background checks for employment in all states, including Michigan.

FCRA

Federal law, the Fair Credit Reporting Act, is an expansive law that regulates how information about consumers can be collected and utilized. It's designed to safeguard the privacy of consumers' private information. It also limits the kinds of data CRAs can collect and report. The FCRA also puts restrictions on employers when they utilize background check information to make hiring decisions.

According to the FCRA, the CRAs are not permitted to report arrests dating back more than seven years, even if they didn't result in convictions. They can also not disclose other kinds of information longer than seven years old, for example, Civil judgments and civil suits, bankruptcies, collections, and mortgages on the property.

The restrictions don't apply to applicants who employers are considering for jobs that pay at least $75.000. In addition, records of criminal convictions do not have to be covered by the FCRA's regulations and are not required to be reported regardless of the age at which they were recorded.

The FCRA's regulations do not apply to any other pertinent background information regarding the previous employer or educational background. Therefore, these kinds of information are available regardless of the applicant's age.

Employers in Michigan who intend to conduct pre-employment background checks must inform their candidates in writing and obtain their written consent before background screenings can take place.

Suppose a background check is negative and disclosed on employers' pre-employment background screen report. In that case, they are required to follow an FCRA's 2-step negative actions procedure before making an unfavorable employment decision.

Title VII of the Civil Rights Act

Title VII is an integral component of the Civil Rights Act of 1964, a landmark law enacted to protect people from discrimination who are protected by their status. Title VII forbids unlawful discrimination at work against applicants as well as employees. In the United States, the Equal Employment Opportunity Commission enforces this law and sets out regulations under it.

Title VII covers the pre-employment background check process when criminal history is discovered. Under the guidelines provided by the EEOC, employers must individually look at the conviction history concerning the particular job before choosing to accept the applicant.

State of Michigan Employment Background Check Laws

For Michigan, CRAs have to adhere to the FCRA and not face other limitations imposed by law. However, different laws regulate the way employers collect and use the information to hire.

According to MCL SS 37.2205a, employers cannot count on arrests that do not lead to misdemeanor convictions. This applies to recent misdemeanor convictions. This restriction, however, does not apply to felony charges that are pending.

Per Executive Directive 2019-10, Employers in Michigan aren't allowed to inquire about applicants' salaries or use databases for searches in an attempt to locate this information.

According to MCL SSSS 37.271, 3.7.271 to 37.278, Employers are not permitted to request applicants or employees to provide passwords for accessing their social media accounts or personal websites. But, there may be an exception to this rule in the case of an investigation into the misconduct of employees.

Birthdates to be Redacted

Michigan employers must know about two administrative decisions which will affect the information they get from criminal history reports. ADM File No. 2020-26 and ADM File No. 2017-28 were released through the Michigan State Court Administration Office. According to these orders, data on birth dates will not be recorded in the state's court records.

It was reported that the Michigan Supreme Court issued an order on June 30, 2021, postponing the administration of the administrative orders until January. 1st, 2022. But, as of this date, employers and CRAs won't be able to utilize names of birth dates to prove that a criminal conviction belongs to an individual applicant.

At The Koleman Group LLC, we have noticed internal changes. As a result, we have implemented new processes to ensure that we continue to offer clients the most accurate criminal history records throughout Michigan regardless of any changes.

What is displayed on a Michigan Background check?

Michigan employers who order hiring background check reports from The Koleman Group LLC could receive different information according to the types of reports they require. In addition, employers can customize the reports they receive to suit the specific requirements of their business.

The majority of firms in Michigan request criminal background or employment details on their background checks. Below, you'll look at what you can expect to see on each one of these types of prior-employment background check reports.

Criminal History

For applicants with criminal history, You will find the following details in your background check report:

  • Criminal case number
  • Date of arrest
  • Charge(s)
  • Disposition
  • Date of disposition
  • The severity of the charge (misdemeanor or felonious)
  • Sentence

 

Employers aren't allowed to use information regarding misdemeanor charges that didn't result in convictions.

Employment

Employers who request verification of employment assistance via The Koleman Group LLC can confirm the location where an applicant has been employed, the dates of employment at each firm, and the position and job titles that the candidate was employed in.

Employers can use employment verification to determine if their candidates are truthful on their resumes and application forms and have the relevant experience for their positions. Checking the employment history of your candidates can reduce the chances of being sued for negligent hiring.

Education

Education verification helps employers verify that applicants possess the appropriate diplomas, certificates, or degrees that their jobs require. When you request an educational verification report, you'll be able to see every school the candidate has been to, the dates of attendance, and the diplomas, certificates, or degrees that the candidate has received.

Checking the information about their education provided by the applicants could aid in ensuring that those you choose to hire are genuine and well-qualified for the job they are applying to.

How far back does a background check go in Michigan?

The seven-year lookback period of the FCRA determines how long certain kinds of information may be disclosed to prospective employers. For example, more than seven years old on the applicant's arrests that do not lead to convictions and collections, civil judgments, bankruptcy, and civil lawsuits are not disclosed in background screenings for pre-employment.

If, however, you are offering a wage that is at least $75,000, the FCRA's duration limitation will not be applicable. Criminal convictions can be disclosed regardless of age.

The time limit set by the FCRA for reporting information doesn't apply to other kinds of background information such as your applicants' prior work, education, or other credentials. These types of information may be used and reported regardless of how old they may be.

How to get a background check report in Michigan?

In Michigan, You can request name-based criminal background searches by using the Internet Criminal History Access Tool (ICHAT) that is provided through Michigan State Police.

This report does not provide or contain details about convictions outside of the state or other relevant information about the previous employment of your applicants or education level.

Many employers attempt to conduct searches on the internet. But the information you find may be inaccurate, incomplete, and therefore not FCRA-compliant. They could also provide information that you can't utilize to make employment decisions.

Making requests to various organizations, employers, and educational institutions could take a lot of time and may not provide all the information you need.

The most efficient method for conducting background checks before employment for background checks in Michigan is to use an experienced, reliable, full-service, and FCRA-compliant company such as The Koleman Group LLC. We completely comply with FCRA and provide current, complete, accurate background check reports to our customers.

We also provide other vital employment-related clinical services, such as drug testing.

How much does it cost to conduct a background check in Michigan?

If you choose to order the background check through the ICHAT system, you'll have to pay $10 for each report. The information provided will not include pertinent information regarding the applicant's job or education, and it will not contain information regarding any convictions within other states or federal courts.

You may find websites that promise free Michigan background screening. Avoid these websites as they typically provide information that is not accurate or insufficient and therefore not legally in compliance. In addition, if you rely on the type of information they provide, you may be accused of a crime.

It's a good idea to use a hiring background check provider like The Koleman Group LLC. We're dependable and economical and can fully conform to the FCRA background check reports in Michigan. In addition, you can customize the type of information requested to ensure that the reports you receive will contain only details that are relevant to your job.

We offer a variety of services at different prices. For example, employers who plan to order at least 50 background checks each year can enjoy a significant discount on the volume of checks. Call us now to get free quotes.

What is the turnaround time to get a background check completed for Michigan?

The time it takes to receive the background check reports will depend on the method you choose to use. For example, if you make an application through the police department of your state department, they will provide the information when your payment is accepted. But, it won't include all the details you require, and it could be missing information regarding convictions in other states.

If you attempt to conduct background investigations by sending requests to various state agencies and then contacting previous employers and educational institutions, it may require several months to collect the data.

If you decide to join forces together with The Koleman Group LLC, you'll benefit from our speedy turnaround times. With us, you will be getting the pre-employment background check reports within a couple of hours to two days.

The Koleman Group LLC is your trusted partner for quick, accurate, Compliant Michigan Background Checks.

The production of FCRA-compliant, accurate and complete states of Michigan pre-employment background check reports requires broad access to reliable databases that provide details about the applicant's criminal background and driving record and educational skills, certificates, work history, and so on.

When you trust The Koleman Group LLC, you'll benefit from our wealth of sources and access to current and reliable databases. In addition, we'll quickly collect the data you require to make informed hiring decisions.

Every one of our employees undergoes a thorough education. As a result, they can gather and evaluate vital background information about candidates. We provide complete, up-to-date, exact, and FCRA compliance.

Our customers are important to us. We aim to ensure that our background check process is as smooth as possible for our customers and applicants. We are based in the USA, and we never offer our services in the offshore market. This allows us to safeguard the security of your personal information. We're available to address queries that come up.


Updated on 2022-06-07 21:33:49 by larry coleman

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