Michigan

Michigan

Final grade: B-

Exclusion Grade

C

Relevance Grade

A

Due Process Grade

D

Strengths

  • Boards may only use directly related crimes to disqualify applicants and must consider multiple factors, including evidence of rehabilitation.
  • Bans boards from considering arrest and vacated records.

Areas of Improvement

  • Strengthen safeguards for due process by requiring a petition process and placing the burden of proof on the state.

Updated January 2021

Although Michigan bans using a criminal conviction “in and of itself…as proof of an individual’s lack of good moral character,” under a series of reforms enacted in January 2021, boards can only disqualify applicants on the basis of good moral character if they have been convicted of a felony that has a “direct and specific relationship” to the license or poses a “demonstrable risk to public safety.” However, the new laws do not apply to child care organizations, adult foster care facilities, or nursing homes.

Statute: Mich. Comp. Laws §§ 338.41 to 338.47 (1978)

Exclusion
Overarching ban on blanket bans Yes, but excludes several health care licenses
Ban on considering arrest records Yes
Ban on considering post-conviction relief records Yes, vacated records
Time limit No limit
Ban on vague, discretionary character standards No
Relevance
Relationship between the crime and the license sought "Direct and specific relationship"
Required factors for consideration
Rehabilitation Yes
Time elapsed since crime was committed Yes
Age when crime was committed Yes
Employment History No
Testimonials Yes
Due Process
Petition Process No
Burden of Proof Both unspecified
Right to appeal Yes
Written notice requirement Yes