HOUSE BILL NO. 5918

A bill to regulate background check reports; to prescribe civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.

the people of the state of michigan enact:

Sec. 1. This act may be cited as the "background check report act".

Sec. 2. As used in this act:

(a) "Conviction" means that term as defined under section 1a of 1965 PA 213, MCL 780.621a.

(b) "Current information" means information that has been updated not more than 31 days before issuance of a report of a background check.

Sec. 3. Except as otherwise provided by law, all of the following apply to a private background check agency or an employer that prepares a report of a background check:

(a) The private background check agency or employer shall use current information in the report.

(b) A private background check agency or an employer shall not knowingly represent in the report that an individual was convicted of a criminal offense if the conviction for that criminal offense was set aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise expunged.

Sec. 5. A private background check agency or an employer that violates this act may be ordered to pay a civil fine of not more than $500.00 for each violation. A violation of this act may be prosecuted by the prosecutor of the county in which the violation occurred, or by the attorney general.