MI HB6572

Employers must delete disciplinary reports, letters of reprimand, and other disciplinary records that are more than 4 years old before releasing personnel information to third parties.

Exceptions to the deletion requirement apply to releases ordered in legal or arbitration proceedings, law enforcement separation of service records, and requests from the Michigan Commission on Law Enforcement Standards.

Employers may maintain separate investigative files for suspected criminal activity by employees, but must notify the employee within 2 years or upon investigation completion, whichever comes first.

If an investigation results in no disciplinary action, the investigative file and all copies must be destroyed.

For criminal justice agencies, investigative files with unfounded or unsubstantiated allegations cannot be used for future promotion, transfer, compensation, or disciplinary considerations, though information may be released to prospective law enforcement employers or the Michigan Commission on Law Enforcement Standards.

Takes effect 90 days after enactment.