We are taking the initiative to inform employers about the impact of Michigan’s Clean Slate Act on their hiring and background screening processes.
The Michigan Clean Slate Act, which came into effect in 2021, has significant implications for employers. The law mandates automatic sealing of criminal records for ex-offenders who have maintained a conviction-free record for ten years or a clean slate for seven years for certain misdemeanors. As a result, these convictions are no longer accessible as public records during background checks.
This legislation echoed in ten states, including Michigan, and more than 35 states with similar “ban the box” laws, aims to create equal housing and job opportunities for ex-offenders. It is estimated that excluding potential employees with criminal backgrounds from the workforce costs the U.S. economy around $87 billion annually in lost GDP.
However, the Clean Slate Act does not apply to all crimes. Convictions involving assault, human trafficking, driving while intoxicated, and more are excluded from automatic expungement.
Background screening solution providers like us rely on courthouse and public records to gather information about a candidate’s history. With the new legislation, certain convictions will be expunged from an individual’s record, making it unavailable in a background check.
While this may raise concerns for hiring managers from a risk management perspective, most violent crimes are not eligible for expungement, and a holistic picture of potential candidates can still be obtained through a thorough background check.
We are committed to helping organizations navigate these legislative changes, ensuring compliance at local, state, and federal levels, and promoting fair and informed hiring decisions.
We are committed to providing detailed, accurate, and timely information to businesses to aid them in making informed decisions.