Criminal background check laws by state
Criminal background check laws by state
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Definition of Background Check Laws by State: A criminal history background information check is governed by federal and state laws. Naturally, these background check laws vary by state. With the new year comes a new crop of employment background check laws by state. In virtually every state in the nation, employers will need to familiarize themselves with new regulations, or risk violating the law. Now, we are not going to give a detailed exposition of every local and state law taking effect in 2018. Rather, we thought we’d highlight a few of the prevailing legal trends that are appearing in different states. However, even if you don’t live in these states, familiarizing yourself with these laws can provide a valuable look at the legal movements that might someday impact you. Check out our Beyond FCRA: Top 5 Background Check Laws by State article to find out more!
Definition of Background Check Laws: Reviewing confidential and public information of employees to investigate their history. This is done during the hiring process to clear employees with a criminal history. The government uses them for security clearance and background check laws are different depending on the state. While the Fair Credit Reporting Act (FCRA) is the law of the land for employment background checks, there are also a variety of state background check laws that employers should be aware of while hiring. To make things more confusing, background check laws are always evolving, so it’s important to pay close attention based on your organization’s location.
Businesses are struggling to balance the need to verify applicants' background and experience against a rising tide of legislation, litigation and public scrutiny. From ban-the-box laws to contested federal guidance, the limits on employers can be confusing. But with a vast majority of resumes estimated to include misinformation, employers understandably feel a need to conduct some level of background screening. After all, making a bad hire comes at the expense of time, morale and, especially in the case of negligent hiring claims, quite a bit of money.
The Fair Credit Reporting Act has some limitations on what can be included in a background check.
Bankruptcies must be removed from the report after 10 years. Civil suits, civil judgments, paid tax liens, accounts placed for collection, and records of arrest can only appear for seven years. However, criminal convictions can be reported indefinitely.
The applicant is entitled to a copy if there is something unfavorable in the report that was using to make a hiring decision. For example, an employer may obtain a background check that shows a criminal conviction and while the employer does not want that type of person around, the employer is concerned that admitting that preference may be illegal.
To avoid any issues, the employer just tells the applicant that another person was better qualified. The candidate will not understand that the background check cost him the job. When an applicant is unaware that a background check is costing him a job, he or she doesn’t have the opportunity to correct any errors in the database.
https://www.ocala.com/news/20090730/know-the-law-when-you-conduct-background-checks
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