BLOG

Updated: July 1, 2021
Michigan's Supreme Court passed a law that requires the removal of Date of Birth from court records.

The MI Supreme Court Ruling

In June 2021, the Michigan Supreme Court passed Amendment 2017-28, which covers Personally Identifying Information (PII). It specifies that the following examples of PII must be protected:
(ii) Social Security Number or National Identification Number,
(iii) Driver’s License Number or State-Issued Personal Identification Card Number,
(iv) Passport Number, and
(v) Financial Account Numbers.

The amendment also creates guidelines on how this information must be filed on court records, based on documentation that was established by the State Court Administrative Office. Per their recommendation, some data will be partially redacted on official documents. For example, Social Security Numbers will only list the last four digits.

When this amendment goes into effect, MI courts will not be able to provide DOB’s on any documents or search for records using a person’s birthdate.

What This Means For Employers

While it is not known exactly how this will affect employers or background screening, The Professional Background Screeners Association (PBSA – formerly the NAPBS) has expressed concern. They are worried that this might slow down or stop efforts to run background checks for employment purposes.

Officials in Michigan responded by saying that a resident may "stipulate in writing to allow access to his or her protected personal identifying information to any person, entity or agency." However, the PBSA believes that courts will not have the time or personnel to review and respond to such requests.

Read the amendment.

The ICHAT Option

Another option for background screening that has been suggested is to use the state’s ICHAT service. This is a database which includes police records for certain types of offenses. The PBSA is concerned this is not a viable option because ICHAT only features cases that were serious enough to warrant a fingerprinting. Therefore, they suggest it may not include numerous criminal records that could be relevant to employers when they are hiring for sensitive positions.

What Backgrounds Online Is Doing

The team at Backgrounds Online is dedicated to helping organizations obtain the records they need to make informed decisions, create safe workplaces and conduct due diligence. We are keeping up with what’s happening in Michigan and involved in efforts to help make sure background checks always contain current, accurate, reportable data.

We are also conferring with vendors to ensure we have the best possible sources for data in MI and throughout the country. Our team will keep up with new related to this amendment.

Update On The Amendment

Amendment 2017-28 was scheduled to go into effect on July 1, 2021. However, thanks to the efforts of the PBSA, organizations that produce background checks and employers, the date has been postponed until January 1, 2022. This delay was granted to allot more time for programming and rule changes.

Our team is happy to learn this news and will continue to work tirelessly to help ensure background screening is a smooth and simple process for employers. We'll keep a close eye on how things progress in Michigan and report additional updates via this blog.

We’re Here For You

When you need background checks for employment purposes, please contact us. Our team strives to stay up-to-date on current laws and best practices so we can provide unsurpassable service and a comprehensive suite of screening products to our clients.

We can help you customize background check packages for any type of position and obtain the forms you need to get criminal, driving and other records in any state. If you have questions or need assistance, we are here to help Monday through Friday from 5am to 6pm PT.