PRIVATE BACKGROUND CHECKS
If you've had a Michigan conviction set aside — or if you believe the automatic set-aside process has applied to your record — and your name still appears on background check sites or a background check report came back with something you expected to be gone: you are not imagining things. You are not wrong about what happened. And the expungement did not fail.
What you're experiencing is the result of two different systems that are not connected to each other. This guide explains what those systems are, why the gap exists, and what you can actually do about it.
Michigan's expungement and set-aside process changes your official Michigan State Police record. That is the database operated by state government, used for official background checks, and accessible through ICHAT (Michigan's public record tool).
Private background check companies — the ones most employers and landlords use — are completely separate. Companies like BeenVerified, Checkr, Sterling, Accurate, Spokeo, Intelius, Whitepages, and others built their own databases by collecting information from court records over years. Some use county courthouse filings. Some use aggregated data sources. None of them are connected to Michigan's official record system in a way that allows automatic updates when a set-aside occurs.
Michigan's system and private background check systems are not connected.
When Michigan sets aside your conviction, it changes your official record. It sends no automatic notification to private companies. Those companies update their databases on their own schedules — which vary, and which may take months or may require you to initiate a dispute.
Private background check companies are consumer data businesses. They're regulated under a federal law called the Fair Credit Reporting Act (FCRA), which gives you certain rights — but the law does not require them to monitor Michigan's official database for set-aside notations and proactively update your record.
Some companies do conduct periodic refreshes from courthouse data. Some update only when a dispute is filed. Some update inconsistently across their various products and subsidiaries. The result: your official Michigan record can show a completed set-aside while a consumer background check report shows the conviction as if nothing changed.
This is a known structural problem. It affects people across every state that has expungement laws. It is not a personal failing, not a sign that the set-aside didn't work, and not something unique to your situation.
The Fair Credit Reporting Act (FCRA) is the federal law that governs consumer background check companies. Under FCRA, you have the right to dispute inaccurate information in your consumer report.
A conviction that has been legally set aside under Michigan law is arguably inaccurate when reported as a current conviction — because the legal status of that record has changed. This is the basis for dispute requests.
Important: the dispute process requires you to initiate it with each company separately. There is no central clearinghouse. Each company has its own process, its own timeline, and its own outcome. This is the part that requires effort — but it is doable, and it works.
STEP BY STEP
Before you contact any background check company, have the following ready:
— A copy of your ICHAT report showing the set-aside notation (or showing the record doesn't appear)
— Any official court documentation of the set-aside or expungement
— The specific background check report that showed the inaccurate information, if you have it
You must file disputes separately with each company whose report contains inaccurate information. There is no single form or central process.
For each company:
— Go to their website and find the "dispute" or "opt-out" section — it is usually in the footer or the privacy/legal section
— Submit your documentation showing the current legal status of the record
— Request correction or removal
— Note the date you submitted and any confirmation number
The companies most frequently encountered in employer and landlord background checks include: Checkr, Sterling, Accurate Background, First Advantage, HireRight, and Equifax Workforce Solutions. Consumer-facing search sites include BeenVerified, Spokeo, Whitepages, and Intelius — each of which has its own opt-out process.
FCRA generally requires consumer reporting companies to investigate disputes within 30 days. In practice, this timeline varies. Follow up if you don't receive a response. Document everything. If a company fails to investigate or correct a genuinely inaccurate record, the FCRA provides for escalation — including filing a complaint with the Consumer Financial Protection Bureau (CFPB).
What dispute can accomplish:
— Removal or correction of records that have been legally set aside, when you can document the set-aside
— Removal of records that appear under your name but belong to someone else
— Correction of factual errors (wrong dates, wrong charges, wrong status)
What dispute doesn't fix automatically:
— Subsidiaries and data partners of the company you disputed with — they may continue to show the old information even after the parent company updates
— Cached or indexed versions of your name that appear in search engine results — those require separate requests to Google, Bing, and others
— Other companies that weren't part of the specific background check you're disputing
The process is not fast and it is not centralized. But it is real, it is available to you by law, and it produces results for people who pursue it systematically. Understanding that this work exists is the first step to doing it.
Once a Michigan conviction is set aside, Michigan law generally prohibits most employers from asking about it or acting on it in hiring decisions. This applies to most private employment and housing situations.
If you've had a conviction set aside, you can generally answer "no" on applications that ask about convictions — and an employer who discovers the set-aside through a background check is generally prohibited from using it against you.
There are exceptions: certain government roles, law enforcement, and some professional licensing situations have specific rules. But for most situations, a set-aside conviction is one you can legally say you don't have.
If an employer takes an adverse action (withdraws a job offer, rejects an application) based on a background check, FCRA requires them to follow a specific process — including giving you a copy of the report and a chance to dispute it before the decision is final. That window is your opportunity to dispute inaccurate information directly.
The first step before disputing anything is understanding what your official record actually says. The ICHAT guide walks you through it.