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Conducting Criminal Record Checks in Michigan

Filed under Office & HR.

Employers in Michigan are permitted or required to conduct criminal record checks in accordance with these rules.

Generally, questions about criminal records in Michigan are limited to felony charges.

In Michigan, private security guard licensees must take fingerprints of their employees and prospective employees--employees may be employed temporarily pending processing and approval.

Unless the requirement is waived, all persons employed by a broker-dealer, commodity issuer or investment adviser who are regularly employed must be fingerprinted as a condition of employment.

It is unlawful for Michigan employers to compel newly hired employees or employees returning from leave to pay the cost of fingerprinting.

It is a crime in Michigan for a person to obtain or attempt to obtain another person's personal identity information with the intent of unlawfully using the information to obtain employment without the person's authorization.

A school receiving an application from a person for the position of school bus driver or pupil transportation vehicle driver must request from the Michigan Department of State Police a background check to determine whether the person was convicted of criminal sexual conduct or felonious assault on a child, child abuse, or cruelty, torture or indecent exposure involving a child.

An individual currently or prospectively employed or volunteering at a child care center, child caring institution or child placing agency, may upon written request receive documentation from the Michigan Department of Social Services stating that the individual is not named in a central registry case as the perpetrator of child abuse or child neglect.

Operators of Michigan child care centers or child caring institutions are required to conspicuously post on the premises a notice whether that child care center or institution requires a criminal history check on its employees or volunteers.

Michigan requires a health facility or agency that is a nursing home, county medical care facility, hospice, hospital that provides swing bed services, home for the aged, or home health agency not employ, independently contract with, or grant privileges to an individual who regularly has direct access to or provides direct services to patients or residents in the health facility or agency until the health facility or agency conducts a criminal history check. Certain exceptions apply.

A health facility or agency cannot employ an individual who has been convicted of specific misdemeanors or felonies.

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