Background Check Error Lawsuits in Michigan

Michigan's biggest background check issue is its Clean Slate law. Under 2020 Public Act 193, many old convictions are now set aside automatically, without any application. That process began in April 2023. A misdemeanor with a maximum penalty of 92 days or less is set aside seven years after sentencing. Many felonies are set aside ten years after sentencing or release from prison, whichever is later. There are limits. Assaultive crimes, serious misdemeanors and some other offenses are excluded, and no more than two felonies can be set aside automatically in a person's lifetime.

A set-aside conviction should not show up on a background check. But commercial background check companies often buy court data in bulk and may not update it. If a screening report for a job or apartment shows a conviction that Michigan has set aside, that may be an FCRA accuracy problem. The FCRA requires reasonable procedures to ensure maximum possible accuracy and, when a job report includes public records, either notice to you or strict procedures to keep those records complete and up to date.

Michigan has no statewide ban-the-box law for private employers. The state's 2018 policy covers public employment. The Elliott-Larsen Civil Rights Act does bar most employers from asking about, or keeping records of, misdemeanor arrests that did not lead to a conviction. Michigan has no statewide tenant screening statute, so tenants rely mainly on the FCRA and on Clean Slate to keep old records off their reports.

Where Michigan FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Michigan are heard in 2 federal districts:

Eastern District of MichiganCourthouses: Detroit, Ann Arbor, Bay City, Flint, Port Huron.Our attorneys are admitted here
Western District of MichiganCourthouses: Grand Rapids, Kalamazoo, Lansing, Marquette.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Michigan laws that add to the FCRA

Michigan Clean Slate automatic set-aside (MCL 780.621g (added by 2020 Mich. Pub. Act 193))
Automatically sets aside eligible misdemeanors seven years after sentencing and eligible felonies ten years after sentencing or release from prison, with lifetime limits and excluded offenses. No application is needed. Read it
Elliott-Larsen limit on arrest record inquiries (MCL 37.2205a)
Bars employers, employment agencies and labor organizations, other than state and local law enforcement agencies, from requesting or keeping records of misdemeanor arrests, detentions or dispositions that did not result in a conviction. It does not cover pending felony charges. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Will a conviction set aside under Michigan's Clean Slate law show up on a background check?

It should not. A set-aside conviction is generally removed from public view. But private background check companies may keep old data and report it anyway. If a report for a job or rental shows a set-aside conviction, you may have a claim under the federal FCRA.

Was my Michigan conviction set aside automatically?

It may have been if it fits the Clean Slate rules in MCL 780.621g. Eligible misdemeanors are set aside seven years after sentencing and eligible felonies ten years after sentencing or release, with exclusions and limits. You can check your record through the Michigan State Police ICHAT system.

Can a Michigan employer ask about arrests that did not lead to a conviction?

For misdemeanor arrests, generally no. MCL 37.2205a bars most employers from requesting or keeping records of misdemeanor arrests that did not result in a conviction. The law does not cover felony charges that are still pending, and it exempts state and local law enforcement agencies.

How long do I have to file an FCRA lawsuit in Michigan?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.