Michigan ban-the-box rules: state jobs, Detroit contractors and recruiters

Michigan has no statewide ban-the-box law for private employers, as of October 2026, and since 2015 state law has barred cities and counties from passing their own: MCL 123.1384 forbids local rules on what an employer must ask or exclude on an application or in an interview. For state government jobs, Executive Directive 2018-4 removed criminal history questions from applications and postings from October 1, 2018. Where Michigan cities do reach private companies is through their contracts: Detroit and Ann Arbor bar their contractors from asking about convictions before a conditional offer for contract jobs, and Grand Rapids treats conviction records in its human rights ordinance.

Does Michigan have a ban-the-box law for private employers?

No. We found no Michigan statute that sets a point in hiring before which a private employer may not ask about criminal history. Two state rules still shape what you can ask, and both are covered in more depth in our Michigan background check laws guide:

• Misdemeanor arrests. Under MCL 37.2205a, part of the Elliott-Larsen Civil Rights Act, an employer or employment agency (other than a law enforcement agency) may not, in connection with an application, "request, make, or maintain a record of information regarding a misdemeanor arrest, detention, or disposition" where a conviction did not result. An applicant who leaves one out is not guilty of a false statement. Felony charges before conviction or dismissal are not covered.
• Set-aside convictions. Under Michigan's Clean Slate laws, a conviction set aside by a court or automatically is generally treated as if the person had not been convicted, with limited exceptions; the background check guide has the details.

So a private Michigan employer may ask about convictions on an application without breaking a state timing rule, but an application question that asks about "arrests" in general would collect information the state forbids.

What applies to Michigan state government jobs?

Executive Directive 2018-4, "Use of Criminal History in State Employment Screening," was signed by Governor Rick Snyder on September 7, 2018 and addressed to all executive branch departments and agencies. It says that commencing October 1, 2018, "a state department or agency shall not include a question about an applicant's criminal history or convictions in a job application or job posting," and that "these inquiries and a background check may, however, be conducted later in the hiring process." It does not apply to a position "if state or federal law prohibits hiring candidates with criminal histories for the specific position in question."

The directive urged the Civil Service Commission to keep the questions out of postings for classified positions, and said it is not binding on the Department of State or the Department of Attorney General, which were encouraged to follow it. The governor's press release says the checkbox on the state's application site was replaced with an affirmation of good character statement. The directive sets no later stage, assessment or notice. We found no later directive rescinding it, but could not confirm its current status beyond that.

Can Michigan cities and counties pass their own rules?

Only in narrow ways. The Local Government Labor Regulatory Limitation Act, Public Act 105 of 2015, says in section 123.1384 that a local governmental body "shall not adopt, enforce, or administer an ordinance, local policy, or local resolution" regulating information an employer "must request, require, or exclude on an application for employment or during the interview process." Its enacting section says the act applies to measures adopted after December 31, 2014. Three parts of the act leave room:

• Cities as employers. The act's definition of employer (MCL 123.1383) excludes a local governmental body, so a city or county can still decide what its own applications ask.
• Anti-discrimination ordinances. MCL 123.1394 says the act does not stop a local government from adopting or enforcing an ordinance prohibiting employment discrimination.
• Contractor terms. MCL 123.1395 lets a local government set the terms of a voluntary agreement with an employer that provides services directly to it or receives a grant, tax abatement or tax credit from it. Section 123.1384 is not among the sections that exception is made subject to.

The act also allows local rules that require a criminal background check for a local license or permit. Whether a particular city rule fits one of these openings is a question for counsel.

Which Michigan cities have ban-the-box rules?

Detroit: city contractors

Detroit City Code Chapter 17, Article V, Division 6, "Criminal Conviction Questions for City Contractors" (sections 17-5-261 to 17-5-272), was first adopted by Ordinance 29-11, effective February 1, 2012, and rewritten by Ordinance 2021-47, effective December 1, 2021. It applies to city contracts of $25,000 or more and to "all employment positions required to fulfill the terms" of them, not to the contractor's other hiring. A covered contractor:

• may not inquire about, consider, review or require disclosure of conviction history until it has extended a conditional offer, and may not ask about it on the application, which must tell applicants this;
• may not base a decision on an arrest without conviction, diversion or deferral, a dismissed, expunged or pardoned conviction, juvenile matters, a misdemeanor conviction more than five years old, or (except for driving jobs) civil infractions;
• may revoke an offer for a "directly-related conviction" only after an individualized assessment covering the nature of the offense, the duties of the job, time elapsed, employment history before and after, age at the time and the frequency and seriousness of offenses;
• must send a written notice stating the conviction relied on and the business reason, with a copy of the record, and give the applicant 14 days to object; after an objection it must wait at least five calendar days and reconsider;
• must tell the applicant of a final decision and of the right to complain to the city's Human Rights Department within 14 days, post a summary of the rules, and file an affidavit with its application form before the contract goes to City Council.

Exceptions cover positions where a law requires criminal history to be considered and employment providing programs, services or direct care to minors or vulnerable adults. A non-compliant bid is non-responsive, and a violation can be treated as a breach of the contract.

Ann Arbor: city contractors

Ann Arbor City Code section 9:158(6), added by Ordinance 14-25 on October 20, 2014, says city contractors "shall not inquire into a candidate's criminal history on applications for employment" for employees needed to fulfill a city contract "until after a conditional offer of employment has been extended." Contractors may still run checks after a conditional offer, make hiring contingent on a check, and ask on the application for positions where a statute requires a check.

Grand Rapids: conviction records in the human rights ordinance

Grand Rapids does not set a timing rule. Its human rights ordinance, section 9.959 (Ordinance 2019-43), covers any employer of one or more people in the city and says a history of criminal conviction may be considered, "although arrest with no conviction may not be considered," that "an outright ban on prospective employees with a criminal background is prohibited," and that employers must weigh, case by case, the nature and severity of the crime, age at the time, repeat offenses, employment history, rehabilitation and whether the crime poses a demonstrable risk to people or property.

When can you ask about criminal history in Michigan?

What federal rules still apply?

Title VII still applies to how a record is used, including its disparate impact provision in 42 U.S.C. § 2000e-2(k). The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026, but a job-related review using the Green factors from the 1975 Eighth Circuit case (the nature and gravity of the offense, the time since it and the nature of the job) is still the safe practice, and it lines up with what Detroit and Grand Rapids require anyway. If a screening company prepares the report, the FCRA's disclosure, authorization and adverse action steps apply; see the FCRA background check process. Federal contractors also have the Fair Chance to Compete for Jobs Act, which bars requesting criminal history for contract-related positions before a conditional offer; the details are in ban-the-box laws and interview questions.

Are any Michigan ban-the-box bills pending?

We did not identify a 2025–2026 Michigan bill that would set a statewide timing rule for private employers or repeal the 2015 limit on local rules. Earlier sessions saw fair chance bills that did not pass. Check the Michigan Legislature's site before relying on this, since bills can be introduced at any point in the session.

What should recruiters and staffing agencies do in Michigan?

An agency is an employment agency under MCL 37.2205a, so the arrest rule binds your own forms and screens, not just the client's. Agency licensing is separate and covered in staffing agency licensing in Michigan.

Questions to settle at intake

• Is the role needed to fulfill a City of Detroit contract of $25,000 or more, or an Ann Arbor city contract? If so, who holds the affidavit and the application form the city approved?
• Is the job located in Grand Rapids?
• Does a law require a check or bar people with certain convictions from this job (for example, health facility or school roles)? Which law?
• Who orders the background check, who reviews it against the job, and who sends the FCRA and any city notices?

A short script

Candidate volunteers a record: "Thanks for telling me. Criminal history isn't part of my screen, so I won't note it. If the employer runs a check, that's a separate step later and you'd see anything they rely on."

Client wants "any arrests?" on the application: "Michigan doesn't allow asking about misdemeanor arrests that didn't lead to a conviction, and for your Detroit contract roles the question has to wait until after a conditional offer. Let's keep it to the background check stage."

A Michigan checklist

1. Remove arrest questions from applications and screening forms; ask only about convictions, and only where your client's process allows it.
2. Flag Detroit and Ann Arbor contract roles on the job order and hold all criminal history questions until a conditional offer.
3. For Detroit roles, follow the assessment, written notice, 14-day objection and five-day reconsideration steps, alongside the FCRA notices.
4. Keep volunteered information out of notes and submittals; see what not to write in interview notes.
5. For the wider Michigan hiring checklist, see hiring employees in Michigan; for a neighbor with a public-employer law, see Ohio's rules.

Michigan ban-the-box rules at a glance