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Employment Workplace Discrimination For Criminal Record In Michigan
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Multi-State
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US-000296
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Most states allow you to 'erase' criminal records through processes called sealing or expunging. However, each state has differing eligibility criteria, types of records that can be 'erased' and process to go about it. Depending on the state, some...
Depending on where you live, there may be ways to conceal your criminal record from background checks, such as through expungement or sealing. These processes and eligibility requirements vary by jurisdiction, so it is best to contact an expungement or sealing attorney in your state to see your eligibility.
Many people mistakenly think that United States criminal records automatically clear after 7 years. This is inaccurate. However, after 5 to 10 years, you may be eligible for expungement, depending on state law. At that point, you can file a petition with the court to have your criminal record expunged.
Employers may inquire about an applicant's criminal conviction record and, in some cases, arrest record. However, an employer should consider the relationship between an arrest or conviction and the applicant's fitness for a particular job.
The most common method of proof for discrimination cases is circumstantial evidence. Under Michigan law, the employee must not merely raise a triable issue that the employer's articulated reason was pretextual, but that it was a pretext for unlawful discrimination.
For example, asking only people of a certain race about their financial histories or criminal records is evidence of discrimination.
Under Michigan law, employers may not ask an applicant about a misdemeanor arrest that did not result in a conviction. Employers may ask about felony or misdemeanor convictions or felony arrests which did not result in a conviction.
Employers can ask if you have convictions and if you have felony arrests. In most cases, employers cannot ask about misdemeanor arrests that did not result in a conviction. However, misdemeanor arrests may still show up on a background check. Can an employer choose not to hire me because I have a record?
The Michigan clean slate law provides for the following offenses to be automatically set aside once the corresponding period has elapsed: Misdemeanors with a sentence up to 92 days – Seven years.
Generally speaking, employers are less concerned with misdemeanors than they are with felonies. Whether or not an employer will hire someone with a misdemeanor on their record is completely up to the employer.
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If you were discriminated against at work, you can file a complaint with the MDCR. Employers must look at each case individually.Courts have held that the use of arrest records to disqualify job applicants constitutes unlawful discrimination. Learn how to conduct fast, compliant background checks in Michigan in this comprehensive guide for employers and HR managers. Michigan law prohibits discrimination in employment, education, housing, public accommodations, and public service. In late 2014, Governor Rick Snyder did sign into law certain protections for Michigan employers who hire applicants previously convicted on felony charges. Michigan law prohibits employers from asking about misdemeanor arrests that did not lead to conviction. If you've suffered from job discrimination at your workplace, a Michigan job discrimination lawyer can help. Dial 1-800-Call-Sam. What should I say on job applications about my criminal record?