Can an employer deny employment based on criminal history?

Federal law does not prohibit employers from asking about your criminal history. But, federal EEO laws do prohibit employers from discriminating when they use criminal history information. They do not help the employer accurately decide if the person is likely to be a responsible, reliable, or safe employee.

Can I be refused a job because of a criminal record?

Being refused a job There is no legal concept of ‘discrimination on the basis of having a criminal record’, as there is for discrimination on the grounds of age or disability. Your treatment, therefore, will only create a legal claim if it would do so for someone without a criminal record.

How long is a conviction unspent?

If you’re still in your rehabilitation period following a criminal conviction, your conviction is unspent. Any custodial sentence over two and a half years stays unspent. If you were found guilty of a criminal offence by a court, following the specified time-period, your conviction will be considered “spent”.

Do employers care about criminal records?

Yes. Many employers – including those recruiting health and social care or legal professionals – employ people with criminal records and have incredibly positive experiences of doing so. In all other circumstances, it is completely at the discretion of the employer to make their own recruitment decisions.

Do you have to declare criminal convictions to employer?

Disclosing criminal records to employers in brief Many employers ask at some point and if your convictions are unspent, you legally need to disclose them. If an employer asks and you don’t disclose, they could later revoke the job offer or you could be dismissed. You could even face a further conviction.

How do I know if I have unspent convictions?

If you do have unspent convictions, the basic DBS check will give details of the date of conviction, the name of the court you appeared in, the offence committed, the date of the offence and the sentence received.

What do you need to know about background checks in Michigan?

Michigan Background Checks: What you need to know. In addition, depending on the nature of the position, employers are requesting reports about an applicant’s driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information.

How far back can a background check go?

The Fair Credit Reporting Act (FCRA) which governs background checks nationally only allows for a review of the past 7 years. However, individual states may pass laws which require more disclosures. Many states do have different background check requirements when employees will be working with children or seniors.

What are Michigan’s laws regarding third party background checks?

When employers hire a third party to conduct a background check or obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In Michigan, employers must comply with laws concerning criminal background checks and driver’s record information.

What are the laws for employers with criminal records in Michigan?

Michigan law protects applicants with misdemeanor arrests, but allows employers to ask about misdemeanor or felony convictions and felony arrests. Two federal laws provide some protections for applicants with criminal records. The Fair Credit Reporting Act (FCRA) addresses the issue of accuracy.