Professional Licenses and Domestic Violence Convictions in Michigan

There is no single Michigan rule for what a domestic violence conviction does to a professional license. Most occupational licensing boards work under a general statute that bars them from treating a conviction, in and of itself, as conclusive proof of a lack of good moral character and limits them to considering certain felonies.^[1] A handful of fields are carved out of that limit, and several professions have statutes of their own.^[6]

This page covers only the rules that were verified in the statutes for this guide: the general good moral character law, health professionals licensed under the Public Health Code, health facility employment, teachers and school employment, and law enforcement officers. Other fields, including commercial driver licenses, child care licensing, attorneys, real estate, insurance and securities, are not covered here. Their absence does not mean they have no rule.

The general rule: "good moral character"

Many Michigan licenses require good moral character, which the statute defines as "the propensity on the part of an individual to serve the public in the licensed area in a fair, honest, and open manner."^[1] Since April 4, 2021, the statute limits how a criminal record may be used in that decision:

• A board or agency shall not consider a conviction, in and of itself, as conclusive proof of a lack of good moral character.^[1]
• Except for the carved-out agencies, a board may consider a conviction as evidence only if the record includes a felony conviction and that felony has a direct and specific relationship to the licensed activity, involves a demonstrable risk to public safety, or meets one of two other listed tests.^[1]

Under that general rule, a misdemeanor domestic violence conviction is not the kind of conviction a board may weigh.^[1] A felony conviction, such as third-offense domestic assault, can be considered if one of the listed tests is met.^[1][7] The difference between the two levels of charge is explained in Misdemeanor vs. felony domestic violence.

Agencies outside the felony-only limit

The felony-only limit does not apply to licensing of child care organizations, homes for the aged or nursing homes, adult foster care facilities, the Michigan Commission on Law Enforcement Standards, or the Board of Law Examiners.^[6] Those bodies may use a criminal conviction as evidence in deciding good moral character without meeting the felony tests.^[6] Even so, the conviction is evidence and not conclusive proof, and rehabilitation evidence, such as how long ago the offense occurred and whether the sentence was completed, has to be considered.^[6]

Records a board may not look at

In deciding good moral character, a licensing board or agency shall not use, examine, or request any of the following:^[2]

• Records of an arrest that is not followed by a conviction.^[2]
• Records of a conviction that has been reversed or vacated, including the related arrest records.^[2]
• Records of an arrest or conviction for a misdemeanor or a felony unrelated to the person's likelihood to serve the public in a fair, honest, and open manner.^[8]
• Records of an arrest or conviction for a misdemeanor for which a person may not be incarcerated.^[8]

The first item means a domestic violence charge that was dismissed is not usable in the good moral character determination.^[2] What happens to the underlying record after a dismissal is covered in What shows on your record after an arrest.

Asking for a preliminary determination

A person who is thinking about training for a licensed occupation can ask first. Both the Occupational Code and the Public Health Code require the department to offer a preliminary determination of whether court judgments against a person would likely result in denial of a license or registration for failing the good moral character requirement.^[9] The request is made on the department's form with a nonrefundable fee.^[9] The Department of Licensing and Regulatory Affairs (LARA) describes the process as available for initial licensure only.^[10] An adverse determination does not prevent the person from applying later, the department or board is not bound by it, and no more than one request may be made in any 120-day period.^[9]

Nurses, physicians and other health professionals

Health professionals licensed or registered under the Public Health Code have two rules beyond the general one.

Reporting. "A licensee or registrant shall notify the department of any criminal conviction within 30 days after the date of the conviction."^[3] Failure to notify "shall result in administrative action."^[3] The duty is triggered by any criminal conviction, so a misdemeanor domestic assault conviction has to be reported even if it would not itself lead to discipline.^[3]

Grounds for discipline. The Public Health Code lists "personal disqualifications" on which a disciplinary subcommittee must act. They include:^[11]

• Conviction of a misdemeanor punishable by imprisonment for a maximum term of 2 years, or of any felony not listed elsewhere in the subdivision.^[11]
• Lack of good moral character.^[11]
• Conviction of a misdemeanor "that is reasonably related to or that adversely affects the licensee's or registrant's ability to practice in a safe and competent manner."^[11]
• Conviction under listed Penal Code sections, among them section 84, the statute that covers assault with intent to do great bodily harm and strangulation.^[11][12]

First-offense domestic assault carries a maximum of 93 days and second-offense a maximum of 1 year, so neither matches the first item.^[13][14] Whether a particular misdemeanor is "reasonably related to" safe practice is decided by the disciplinary subcommittee in the individual case; the statute does not answer it for domestic assault.^[11]

When a ground in one of the first three items is found, the subcommittee must impose one or more sanctions from a list that runs from probation and limitation through fine, suspension, revocation and permanent revocation.^[15]

Working in a nursing home, hospice or home health agency

Separate from licensing, covered health facilities face an employment bar. A nursing home, county medical care facility, hospice, hospital that provides swing bed services, home for the aged, or home health agency may not employ, contract with, or grant clinical privileges to a person with regular direct access to patients or residents who has certain convictions within set periods.^[16]

Conviction	Look-back period
Felony involving the use or threat of force or violence	15 years after completing the sentence, parole and probation[16]
Any other felony	10 years[16]
Misdemeanor involving the use of force or violence or the threat of it	10 years[16]
Any other misdemeanor involving assault	5 years[16]
Misdemeanor for assault with no firearm or dangerous weapon and no intent to commit murder or inflict great bodily injury	3 years[16]

The three misdemeanor descriptions overlap, and the statute does not say which one a Michigan domestic assault conviction falls under.^[16] Anyone affected should ask the facility or an attorney how the conviction is being classified instead of assuming the shortest period.

Teachers and school employees

When a person who holds a teaching certificate is convicted of any felony, or of listed misdemeanors that include "a misdemeanor violation of section 81, 81a, or 145d" of the Penal Code, the Superintendent of Public Instruction must, within 10 working days of notice, tell the teacher that the certificate may be suspended and that there is a right to a hearing.^[4] Sections 81 and 81a are the assault and aggravated assault statutes under which domestic assault is charged.^[4] If the teacher does not use the right to a hearing within 15 working days after receiving the notice, the certificate "shall be suspended."^[4]

The deadline is short and it runs from receipt of the notice, so a teacher who receives one should act on it immediately.

For school hiring more generally, a felony conviction that is not a listed offense blocks employment unless the superintendent or chief administrator and the governing board each specifically approve in writing.^[17] A misdemeanor conviction for domestic assault, aggravated assault or stalking is a "misdemeanor conviction involving sexual or physical abuse" that may be disclosed to those directly involved in evaluating the applicant; the statute does not automatically bar the person.^[17]

Law enforcement officers

The Michigan Commission on Law Enforcement Standards (MCOLES) must revoke a law enforcement license when the officer has an adjudication of guilt for an offense punishable by more than 1 year, or for second-offense domestic assault, aggravated assault, or misdemeanor stalking.^[5] First-offense domestic assault is not on the mandatory revocation list.^[5]

The firearm bans do much of the work in this field. MCOLES states that it would be unlawful for a licensed officer with a qualifying misdemeanor conviction inside the 8-year state period to possess a firearm, and that it is up to the employing agency to decide the proper course of action.^[18] Candidates who are not yet licensed will not be given access to the licensing process until 8 years have passed since completing probation, any incarceration, and paying fines.^[18] More detail is in Police officers, service members and the firearm ban and Michigan's 8-year firearm ban.

Deferrals, set-asides and licensing

How the criminal case ends matters as much as the charge. A discharge and dismissal under the domestic violence deferral statute is not a conviction "for purposes of disqualifications or disabilities imposed by law upon conviction of a crime."^[19] After a conviction is set aside, the person is considered not to have been previously convicted for purposes of the law, with exceptions, and the set-aside conviction cannot be used as evidence in an action for negligent hiring, admission, or licensure.^[20][21]

How an individual board applies those provisions was not verified for this guide, and license applications often ask their own questions about past charges. Read the question on the form exactly as written. Related pages: Does a deferral count as a conviction?, Setting aside a domestic violence conviction, and Jobs and background checks.

What people get wrong

The first mistake is to assume that any conviction ends a licensed career. For most boards, the law since April 4, 2021 points the other way: a conviction is never conclusive by itself, and only certain felonies may be considered at all.^[1]

The second mistake is to assume that the general rule protects everyone. Health professionals have a 30-day reporting duty for any conviction, teachers face a suspension process for a misdemeanor assault conviction, and second-offense domestic assault requires revocation of a law enforcement license.^[3][4][5] A licensed worker charged with domestic violence should raise the license with the defense lawyer before deciding how to resolve the case; see Plea bargains in domestic violence cases.