2022Criminal Records

Written By ESR News Blog Editor Thomas Ahearn

The Michigan State Court Consent Verification Registration is now available will allow authorized individuals to access identifiers in court records. The site is at www.courts.michigan.gov/CVRApp. A list of authorized individuals that have completed registration will be at www.courts.michigan.gov/AuthorizedList.

Dates of birth (DOBs) contained in court records are protected personal identifying information under Michigan Court Rule (MCR) 1.109 and may not be accessed unless allowed by law or court rule. However, a person may provide written consent for another person or agency to access their date of birth information in court records.

The Michigan State Court Administrative Office (SCAO) will maintain a list of individuals who are authorized to access a party’s date of birth in court records for the purposes of verifying identity, pursuant to MCR 1.109(D)(9)(b)(v)(B), without presenting a copy of the person’s written consent to the court.

The list of authorized individuals will be publicly available on the SCAO’s website and will identify the authorized individual’s full name, employer/hiring entity, email address, and the expiration dates of their assurance and proof of professional liability insurance.

In December of 2021, the Michigan Supreme Court adopted a rule – ADM File No. 2017-28 – that amended MCR 1.109 regarding the redaction of DOBs from court records, which are used as identifiers by background screening firms when preparing background check reports. The rule is scheduled to take effect on April 1, 2022.

The rule addressed concerns brought by the Professional Background Screening Association (PBSA) – a non-profit trade organization representing the background screening industry – about a previously proposed rule that would have prohibited the display of DOBs in court records in Michigan and affected background checks.

Background screening firms are regulated by the Fair Credit Reporting Act (FCRA), which requires them to match personal identifiers such as DOBs to a background check subject to ensure accuracy. If identifiers cannot be matched, a background check report cannot be generated, and that had raised concerns from the PBSA.

Employment Screening Resources® (ESR) is a service offering of ClearStar, a leading provider of Human Capital Integrity℠ technology-based services. Both ClearStar and ESR are founding members of the PBSA and are accredited by the PBSA. To learn more about background screening services, contact ESR today.

NOTE: Employment Screening Resources (ESR) – a service offering of ClearStar – does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

© 2022 Employment Screening Resources (ESR) – A Service Offering of ClearStar – Making copies of or using any part of the ESR News Blog or ESR website for any purpose other than your own personal use is prohibited unless written authorization is first obtained from ESR.

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