Why is the candidate's consent required to run a background check?
According to the Fair Credit Reporting Act (FCRA) § 604 – 15 U.S.C. § 1681b, employers are required to provide applicants with a separate written disclosure, which advises that a consumer report may be obtained for employment purposes. The document must consist solely of the disclosure as a stand-alone document. Additionally, the employer also must obtain the applicant’s written consent to order the background check.
What is SafetyNet Criminal Jurisdiction?
The SafetyNet product is DISA's NatCrim product. It generates information from hundreds of different data sources to provide an applicant's address history, name variations, and aliases. The information comes from three general categories: credit bureau header data, commercially available sources like utilities and phone companies, and public sources such as property records, licenses, etc. This information is utilized by DISA as a pointer file to ensure the necessary jurisdictions and aliases are searched for records pertaining to an applicant. This information is utilized internally and our clients do not view the data returned per FCRA regulations.
If states overturn previous marijuana convictions, how does it impact background checks?
With the legalization of marijuana across many states, cities such as San Francisco have implemented conviction expunging policies (Proposition 64) which remove misdemeanors and non-violent charges related to marijuana. Policies like these aim to get previous convictions reduced or reclassified to lesser offenses, with some convictions being dismissed altogether. This means that charges that are expunged will not appear on background checks. Employers need to implement a comprehensive background check process that will navigate individual state and city regulations. When employers use cheaper instant background checks, information can be incorrect or outdated, which could lead to potential lawsuits or liability in the workplace.
In addition, employers should consider services, such as social security number validity, criminal history for federal, county, and state, employment verification, etc., to provide the most accurate and up-to-date information.
What kinds of criminal records show up on a background check?
Depending on the scope of the search allowable by law or requested by an employer, records of convictions of a felony or misdemeanor are usually reported on a background check. Non-convictions may be reported in some cases depending on the date of the charge or whether a case has been dismissed. Federal and state law will determine how far back criminal records can be reported.
A felony is typically defined as a crime punishable by a term of imprisonment of not less than one year or by the death penalty. Felonies may include crimes such as arson, assault, battery, fraud, homicide, kidnapping, rape, robbery, sex crimes, and terrorism.
Misdemeanors are often less serious crimes and are generally punishable by less than 12 months in jail. Community service, probation, fines, and imprisonment for less than a year are commonly issued punishments for misdemeanors. Obviously, each state may vary as to what is classified as a misdemeanor or felony.