Sec. 205a.
(1) An employer, employment agency, or labor organization, other than a law enforcement agency of this state or a political subdivision of this state, shall not in connection with an application for employment or membership, or in connection with the terms, conditions, or privileges of employment or membership request, make, or maintain a record of information regarding a misdemeanor arrest, detention, or disposition where a conviction did not result. A person is not guilty of perjury or otherwise for giving a false statement by failing to recite or acknowledge information the person has a civil right to withhold by this section. This section does not apply to information relative to a felony charge before conviction or dismissal.
(2) As used in this section, "law enforcement agency" includes the state department of corrections.
History: 1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1978, Act 610, Eff. Mar. 30, 1979 ;-- Am. 1982, Act 45, Eff. Mar. 30, 1983 ;-- Am. 1999, Act 202, Eff. Mar. 10, 2000 Compiler's Notes: Enacting section 1 of Act 202 of 1999 provides:“Enacting section 1. This amendatory act is curative and intended to correct any misinterpretation of legislative intent in the court of appeals decision Neal v Department of Corrections, 232 Mich App 730 (1998). This legislation further expresses the original intent of the legislature that an individual serving a sentence of imprisonment in a state or county correctional facility is not within the purview of this act.
Structure Michigan Compiled Laws
Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804)
Article 2 - (37.2201...37.2211)
Section 37.2201 - Definitions.
Section 37.2202 - Employer; Prohibited Practices; Exceptions.
Section 37.2203 - Employment Agency; Prohibited Practices Generally.
Section 37.2204 - Labor Organization; Prohibited Practices Generally.
Section 37.2205b - Repealed. 1982, Act 45, Eff. Mar. 30, 1983.
Section 37.2206 - Employer, Labor Organization, or Employment Agency; Prohibited Practices.
Section 37.2207 - Individual Seeking Employment; Prohibited Practices.
Section 37.2208 - Application for Exemption; Bona Fide Occupational Qualification.