Criminal Record Policy

Employers Use of Background Check Reports and Limitations on Use

Share:Are you an employer that conducts pre-employment background checks for new hires, or maybe background checks for existing employees for promotion, reassignment or retention purposes? Ever randomly wonder if you can use that report and information in it for a purpose other than employment screening? The short answer is, no. The FTC recently posted on..

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New York City: New Guidance Issued for Fair Chance Act

Share:According to an advisory released by NAPBS, New York City’s Commission on Human Rights has issued updated legal guidance in regards to compliance with the Fair Chance Act and the NYC Human Rights Law. The guidance specifically states that “inquiring” includes conducting a criminal background check (either by the employer or a third party screening..

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Can hiring ex-offenders make a business more profitable?

Share:A recent article in The Guardian asks this question. EEOC guidance on hiring individuals with a criminal record states that the record must be considered in context. This may be one reason for that line of thinking: more than 65 million people in the United States have a criminal record, and 600,000 inmates are released..

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New Compliance Initiative Takes Effect 12/1/15

Share:To Our Clients & Partners: In keeping with our dedication to compliance, and due to the recent increase in litigation against employers and CRAs, we will be enacting a new Compliance Initiative which requires some changes to our reporting. Effective December 1, 2015, we will no longer be reporting cases with a disposition of dismissed,..

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Montana Adds Background Checks for Bus Drivers

Share:Montana is requiring all of its school bus drivers to get a background check after an internal audit found 64 drivers with a criminal history, including drunk driving. Prior to this, the only requirement for being a bus driver was having a clear driving record. source

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Gaps in Reporting Criminal Records

Share:Fugitives are often able to purchase firearms illegally because the National Instant Background Check System is not always up to date. There are two distinct governmental gaps that are not updated on a regularly. The first is from the local court to the state. The second is from the state to the FBI. If the..

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Incorrect Reporting? – Meyer and the National Tenant Network

Share:In a recent case in San Francisco, Harold Meyer claimed that National Tenant Network supplied an incorrect sex offender report to both his employer and landlord and then refused to provide him with a copy of the report. Because of the negative information in the report, Mr. Meyer was denied employment and residency. There are..

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An EEOC/FTC Guide to Background Checks

Share:During the hiring process, keeping stride with current regulation and compliance can be difficult especially for smaller businesses. There are many considerations including: equality, authorization to release information, adverse action, and record maintenance. Recently, the Equal Employment Opportunity Commission and the Federal Trade Commission jointly published a quick guide for using background checks for pre-employment..

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Background Screening and the Navy Yard Shooting

Share:An investigation into the Navy Yard Shooting by Aaron Alexis brings to the surface a few key concerns for proper background screenings. Although the Aaron Alexis’ flawed background screening was for government security clearance, some of the same concerns apply to pre-employment background screenings. First read the “Report: D.C. Navy Yard Shooting Exposes Flaws in..

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FCRA Tackles Whole Foods

Share:To run a background screening, you must have a signed consent form. The form must be the proper form and it must be signed prior to running the screening. Whole Foods is in a class action suit for purportedly skirting these requirements. If you are concerned about the consent form you are using, please contact..

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