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.
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 |