If a past mistake keeps showing up on background checks, an expungement lawyer in Lansing Michigan can help you clear it. Expungement, which Michigan law calls “setting aside” a conviction, is a court process that removes an eligible conviction from your public criminal record. Once a judge grants it, the offense no longer appears on the background checks most employers, landlords, and schools run, and in most situations you can lawfully answer that you were not convicted. It does not erase the arrest from existence, since law enforcement and courts keep a nonpublic copy, but for everyday purposes it gives you a clean slate. Michigan’s expungement rules changed dramatically under the 2020 Clean Slate reforms, which expanded who qualifies and even made some records eligible to be set aside automatically, so many people who were once barred can now clear their records.
For most workers, no. There is no general law that requires you to walk into your boss’s office and announce that you were arrested. An arrest is not a conviction, and being charged with something is not proof that you did it. Staying quiet about a pending matter is not a crime.
Michigan goes a step further than many states. Under the Elliott-Larsen Civil Rights Act, an employee has an affirmative civil right to withhold information about a misdemeanor arrest that did not lead to a conviction, which we explain below. The baseline is simple: silence about an arrest is not illegal.
The exceptions usually come from a document you signed or a license you hold, not from criminal law itself.
| Situation | Is there a duty to tell your employer? |
|---|---|
| Standard at-will job, no contract clause | No general legal duty to report an arrest |
| Employment contract with a disclosure clause | Possibly. The contract may require it, and staying silent can be a breach |
| Security clearance holder | Usually yes. Clearance rules generally require self-reporting of arrests |
| Licensed profession (medicine, nursing, teaching, childcare) | Often yes, through licensing or regulatory rules |
| Commercial (CDL) or DOT-regulated driver | Certain offenses must be reported |
This is the key point the fear usually misses. If you signed a contract that requires you to report an arrest, not reporting it is still not a crime. What it can be is a breach of that contract. And the worst realistic consequence of that breach is not jail. It is losing your job.
Michigan is an at-will employment state, which means an employer can generally end the relationship for almost any reason that is not illegal. On its face, that includes an arrest. But Michigan law carves out real protection for one important category. Read on if you are looking for an expungement lawyer Port Huron.
Under MCL 37.2205a, an employer other than a law enforcement agency cannot request, make, or keep a record of information about a misdemeanor arrest, detention, or disposition that did not result in a conviction. That prohibition applies both when you apply and during employment, in the terms and conditions of your job. The statute even says you cannot be treated as lying for declining to acknowledge such an arrest. In other words, a misdemeanor arrest that went nowhere is something a Michigan employer is not supposed to ask about, keep, or hold against you.
There is a limit worth understanding. That protection covers misdemeanor arrests without a conviction. It does not extend to felony charges before conviction or dismissal, so a felony arrest sits in different territory, where at-will discretion is broader. Federal law still offers a backstop: under Title VII of the Civil Rights Act, the EEOC has long taken the position that an arrest by itself is not proof of misconduct, and that using arrest records in employment decisions can be unlawful in some circumstances. The Michigan Department of Civil Rights enforces the state protection.
Do not rush to disclose. Once you tell an employer, you cannot untell them, and you may be volunteering information they were never entitled to ask about in the first place. A calmer, smarter sequence protects you.
The best protection for your career is often a strong result in the criminal case itself. A dismissal, a reduction, or a cleared record does far more for your job security than any disclosure conversation. Our team defends people across Lansing and mid-Michigan, and we understand that the case is rarely just about the courtroom.
Will my employer automatically find out that I was arrested?
Not automatically. Arrests are not sent to employers, and there is no notification system that alerts your workplace. An employer typically learns of an arrest only if it becomes public, if you are required to disclose it under a contract or license, or if a background check returns a reportable record. In Michigan, employers are barred from asking about or keeping records of misdemeanor arrests that did not result in a conviction, so those often should not surface in a lawful screening at all. This is very different from the common assumption that your boss will know within days.
Can I be fired in Michigan just because I was arrested?
It depends on the arrest. Michigan is at-will, so employers have broad discretion, but MCL 37.2205a bars them from considering a misdemeanor arrest that did not lead to a conviction, and gives you the right to withhold it. Acting against you based on that kind of record runs into the statute, which the Michigan Department of Civil Rights enforces. Felony charges are treated differently and are not covered by that specific protection. Because the outcome hinges on the type of arrest and your employment terms, both a criminal defense lawyer and an employment lawyer may have a role.
My contract says I must report any arrest. What happens if I do not?
Not reporting is not a criminal offense, but it can be a breach of your contract. The practical risk is employment consequences, up to and including termination, rather than any criminal penalty. Before you decide, read the exact language of the clause, because these provisions vary widely. Some require reporting only convictions, some only arrests for certain offenses, and some only charges related to your job duties. A lawyer can help you read the clause correctly and weigh the timing and manner of any disclosure.
Does an arrest stay on my record even if the charges are dropped?
An arrest can create a record even if the case is dismissed or you are acquitted, but Michigan lets you petition to have that arrest record set aside. The state’s Clean Slate reforms also expanded expungement for many convictions, with automatic sealing for some records after waiting periods. Clearing the record is one of the most effective ways to keep a past arrest from affecting future jobs. A criminal defense lawyer can tell you whether your record qualifies and how to begin the process.
This article is general legal information about Michigan law, not legal advice, and it does not create an attorney-client relationship. Employment and criminal consequences depend on your specific contract, profession, and facts. For advice about your situation, speak with a licensed Michigan attorney.