Update: Michigan Supreme Court Pushed Back the Effective Date of the Rule Redacting DOBs on Public Records to January 1, 2022

The State of Michigan has issued a proposed rule that may have unintended negative consequences for potential job candidates and employers. On 01/01/2022, redaction requirements in ADM File No. 2020-26 will go into effect, resulting in Date of Births (DOBs) no longer being listed on public records. Many background screening firms rely on identifying information including (but not limited to) the DOB to provide timely and accurate background checks to end user clients. This helps to ensure that job candidates can be thoroughly vetted while not causing an unnecessary delay to the hiring process.

Employers, especially those located in or doing business in Michigan, should be aware of the impact that this new rule could potentially have on their business. Without access to basic identifying information like DOBs on court records, background screeners may be unable to verify if a criminal record truly belongs to a candidate. This puts employers at risk of hiring an individual who will create an unsafe working environment. Furthermore, because regulations require many employers to verify criminal history for some positions, some of these same employers may be legally barred from hiring Michigan residents for those openings.

It should be noted that, while records at the court level are being redacted, other state agency resources are unaffected by this rule change. While that may be the case, public records at the court level are generally the best source of information due to their level of completeness and accessibility.

If you’re an employer in Michigan or you start experiencing delays with your background checks out of Michigan after January 1, 2022, contact us at sales@mycrc.com to discuss alternative options for getting these reports back.

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