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 When employers use cheaper instant background checks, information can be incorrect or outdated, which could lead to potential lawsuits or liability in the workplace.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.
How do you do a background check?
An employer must first establish a background check policy with their company. Once implemented, they can begin performing background checks, usually for pre-employment, but sometimes ongoing depending on the position. 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.
Are there different types of background checks?
There are two different types of background checks; instant and comprehensive. Instant background checks, also known as “national criminal database searches” provide general information pulled from a commercially available database. These searches aren’t corroborated against any official county court record. Although they are quick, they can often return with error-filled information, since it’s not derived from a verified source. Comprehensive background checks, like DISA’s, involve multiple National Association of Professional Background Screeners (NAPBS) FCRA certified employees confirming that all information aligns with the person who is being checked. These individuals also must hold a private investigator license in order to legally be able to research and verify information about the applicant. This process verifies that the information is accurate and is not information from an alias with the same name as the applicant being screened.
What things appear on 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.