Criminal Background Check Dc

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Criminal Background Check Dc

Use of employment-related background checks by employers to discover information about the work history, education, criminal record and financial history of job applicants has become ubiquitous.

However, in 2014 Baltimore City, Prince George's County, Montgomery County and Washington, D.C. all enacted laws that restrict an employer's ability to conduct criminal background checks on job applicants or otherwise inquire into an applicant's criminal record until after a specific point in the hiring process. On August 22, 2014, the District of Columbia Mayor signed a new law restricting most employers that operate in the District of Columbia in their ability to rely on criminal history information, including criminal background records, for employment purposes. Although sealed criminal records can't be accessed by potential employers during a background check, some employers, including those who work with children, law enforcement officials and courts can see them.Mayor Muriel Bowser proposed legislation Thursday that could make it easier for D.C. residents to seal criminal conviction records.

Finally, like Montgomery County, if a Prince George's County employer rescinds a job offer based on an applicant's criminal history, the employer must provide written notice to the applicant of the recision, an explanation of the information on which the decision was based and a copy of the criminal background check that was used. At the state and local levels, Virginia, Maryland and the District of Columbia, as well as Fairfax County, Montgomery County and Prince George's County, all have recently implemented ban the box” legislation that restricts, or affects the timing of, an employer's use of employment-related criminal background checks. The suit, initially filed in July 2014, stated that WMATA's background check policy violated Title VII of the Civil Rights Act by improperly disqualifying many applicants and employees based on criminal history that was not job-related or that occurred so long ago that it was irrelevant to any fair determination of employee honesty, reliability, or safety.” The plaintiffs argued that this background check policy had a disparate impact on African Americans.

The District of Columbia Office of Human Rights (OHR) is charged with enforcing the Fair Criminal Record Screening Amendment Act of 2014, which aims to prevent unlawful screening of a job applicant's criminal background. The law defines an "inquiry" broadly to mean "any direct or indirect conduct intended to gather criminal history information from or about the applicant, candidate or employee, using any method, including application forms, interviews, and criminal history checks." Accordingly, a covered employer seemingly cannot obtain a pre-offer criminal background check from a consumer reporting agency. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment.

After making a conditional job offer, an employer can ask about—or conduct a background check regarding—an applicant's conviction records. In filing a petition to seal your publicly available record for arrests or convictions in D.C., it is usually a good idea to include a recent copy of your criminal history.” In addition, a copy of this criminal history is often required in connection with background checks for employment, licensing, adoption, apartment rentals, and overseas travel. A search for criminal records, including arrest records and background checks of a person may only be requested by the person upon whom the information is based, unless authorization is given by that person to a third-party (i.e. an employer).

In the event an applicant believes a conditional offer was terminated or an adverse action was taken against the applicant because of a criminal conviction, the applicant can request from the employer a copy of all records the employer procured in consideration of his or her application, including criminal records, and a notice that advises the applicant of his or her right to file an administrative complaint with DC's Office of Human Rights. Ban the Box prohibits employers from requiring applicants to disclose their criminal background or asking them to give permission to an employer, or third party, to conduct a background check before extending an offer of employment. The new law means that most employers in DC can no longer ask a job applicant if they have a criminal history in the initial application or interview.

In language that closely mirrors ban-the-box” legislation barring employers from asking about criminal history on job applications, a bill advanced last week by the D.C. City Council's Committee on the Judiciary would prohibit landlords from asking potential tenants about prior convictions before making a housing offer, reports DCist. This article summarizes briefly what has become a complex and rapidly evolving area of the law and the heightened risks to employers, especially those with high employee turnover, of utilizing criminal background checks in making employment decisions.

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