By executive order, executive branch agencies may not ask about criminal history in job postings, but there are no substantive standards that apply to hiring decisions. The only restriction on inquiries by other employers is that they may not ask about misdemeanor arrests that did not result in conviction on an employment application. Michigan does not currently have any of the restrictions on record-related employment adopted in recent years by other jurisdictions.
A conviction may be grounds for denying an occupational license based on the requirement that licensees have “good moral character,” but (excluding a few types of licenses) certain records may not be considered: non-convictions, misdemeanors that do not carry a prison term, and convictions “unrelated to an individual’s capacity to serve the public.” Each licensing agency must specify the crimes that are likely to fall into the last-mentioned category, and provide a statement of reasons in the event of denial (“including a complete record of the evidence upon which the determination was based”) and an opportunity to appeal. Judicial review is available.
