| There are numerous legal considerations that should | | | | reportable if the case is pending but if the arrest did |
| be taken into account when implementing background | | | | not result in a conviction, it can not be used. An |
| employment screening as part of your hiring policies. | | | | applicant authorization must stipulate that the |
| The Federal Credit Reporting Act (FCRA), state | | | | candidate has a right to request a copy of his or her |
| statutes, reporting guidelines and applicant disclosures | | | | report. Consumer notification: Each applicant must be |
| all must be adhered to as part of the process. It's | | | | provided a disclosure (prior to initiating a background |
| critical to follow these procedures as you don't want | | | | check) notifying them of their rights including the |
| to find yourself in legal troubles. The FCRA sets forth | | | | ability to dispute information. Pre-adverse action: Prior |
| the guidelines for background investigation companies | | | | to making an adverse decision, an applicant must |
| also known as Consumer Reporting Agencies. | | | | receive a disclosure that outlines "A summary of |
| Essentially it protects the consumers' right to privacy | | | | rights under the fair credit reporting act" and a copy |
| and fairness when preparing consumer reports on | | | | of their consumer report must be provided. Adverse |
| individuals. State statutes: States often set their own | | | | action: Once a decision has been made to take an |
| rules pertaining to the use and dissemination of | | | | adverse action, the applicant must be provided the |
| consumer information. What may be allowed as a | | | | following: The name, address and phone number of |
| reportable offense in one state may not be legal in | | | | the consumer reporting agency. A notice of the |
| another. When performing a California background | | | | individual's right to dispute any information they |
| check, the state civil statute (California's Investigative | | | | believe to be invalid and his or her right to obtain an |
| Consumer Reporting Agencies Act) must be followed | | | | additional free copy of the report within 60 days. |
| as there are a variety of restrictions imposed. A | | | | Before choosing an outside vendor to conduct your |
| misdemeanor marijuana conviction older than 2 years | | | | background employment screening, make sure they |
| is not reportable and therefore an adverse action | | | | provide compliance services and adhere to your state |
| decision may not be made based on this offense. | | | | statutes otherwise you will be required to apply |
| Criminal convictions and credit data are not allowed to | | | | federal and state law to each and every report that |
| be reported beyond the 7 year period from the date | | | | you receive. By hiring a professional screening firm, |
| of disposition. Arrest only records are only deemed | | | | you can save yourself a lot of headaches! |