Michigan Consent to Credit History Background and Reference Check

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US-853LT
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Description

This is a consent form to be signed by Tenant or Employee, permitting a credit history, background and reference check to be performed by the Landlord or Employer.


A criminal history background information check is the review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the state Department of Public Safety, or any other repository of criminal history records, involving a pending arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information, conviction record information, fingerprint cards, correctional induction and release information, identifiable descriptions and notations of convictions; provided, however, dissemination of such information is not forbidden by order of any court of competent jurisdiction or by federal law. Criminal history background information generally does not include any analytical records or investigative reports that contain criminal intelligence information or criminal investigation information.

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FAQ

CRAs and employers in Michigan are required to follow all federal and state laws that apply to pre-employment background checks and the information that can be collected and used to make hiring decisions. If you do not follow the background check laws in Michigan, your company could face fines and lawsuits.

FCRA rules generally apply any time an employer obtains a background check on a potential job candidate from a third-party source. Among other provisions, and according to the FTC, the FCRA safeguards job applicants by ensuring: They have the right to be informed of a background check.

FCRA compliance is required for any employer that partners with a background screening company to conduct pre-employment checks.

Credit scores typically do not show up on a background check. Most background checks for employment do not seek credit information, but rather, criminal history. They are typically looking for whether you are dangerous to employ. Some pre-employment screenings do go deeper and look at credit.

CRAs and employers in Michigan are required to follow all federal and state laws that apply to pre-employment background checks and the information that can be collected and used to make hiring decisions. If you do not follow the background check laws in Michigan, your company could face fines and lawsuits.

Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.

The FCRA applies to any company that collects and sells data about you to third parties. Such companies, known as consumer reporting agencies, must follow the stipulations of the FCRA. The three most well-known consumer reporting agencies in the U.S. are Equifax, TransUnion and Experian.

The FCRA gives you the right to be told if information in your credit file is used against you to deny your application for credit, employment or insurance. The FCRA also gives you the right to request and access all the information a consumer reporting agency has about you (this is called "file disclosure").

Thus, the FCRA is not limited to credit reportingit extends to criminal and civil records, civil lawsuits, reference checks and other information obtained by a consumer reporting agency. The FCRA allows job applicants to sue employers who fail to comply with any requirement imposed by the law.

How Far Back Do Background Checks Go In Michigan? When running a background check, Michigan law conforms to FCRA guidelines. This means that certain records and information can only go back seven years. This regulation applies to any type of consumer report, not just those run by an employer or other professional.

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Michigan Consent to Credit History Background and Reference Check