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 When employers use cheaper instant background checks, information can be incorrect or outdated, which could lead to potential lawsuits or liability in the workplace.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 is included in a background check?
Background checks often include a criminal history search at a minimum. However, depending upon the nature of the job, for persons in more sensitive, high-level positions or those dealing with vulnerable populations, it may also include investigation of credit reports, sanctions checks, sex offender checks, and/or driving history.
Background checks also may include verification of previous employment, education, professional licenses, and personal or professional references.
What do they look for in a background check?
Background screenings can vary greatly depending on what is required of certain positions, industry standards, and state laws. DISA's products include:
- Criminal History Checks (Federal, State, and County)
- Civil Searches (Federal and County)
- SSN Validity Checks
- Employment Verifications
- Education Verifications
- I-9 and E-Verify
- State Driving Records
- Professional Licenses and Credentials
- Credit Reports
- Adverse Action Notices
- Personal Reference Verifications
- Government Sanctions Lists
- Sex Offender Searches
- DOT Testing History
- Criminal Investigative Services
What is Adverse Action and when is it required?
The adverse action process is required for any action taken that denies an individual employment, credit, insurance, etc. based on information obtained through a consumer report. This three-step process complies with federal laws to protect applicants from discrimination. Although it’s the law, many companies still fail to send adverse action notices, subjecting them to potential lawsuits. Employers must abide by the guidelines set forth by the Fair Credit Reporting Act (FCRA) which requires the employer to provide a standalone disclosure informing the applicant that a consumer report may be obtained with written consent. The employer must also provide a copy of the pre-adverse notice, background report, and summary of rights to the applicant prior to an adverse action decision. If any adverse information appears on their background check, then a pre-adverse notice is used to inform the employee that something has returned which may or may not affect their hiring decision. This gives the employee an opportunity to file a dispute prior to receiving a final adverse action notice. An adverse action notice must be sent only if the employer denies the applicant employment based on the information from the background check.