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 When employers use cheaper instant background checks, information can be incorrect or outdated, which could lead to potential lawsuits or liability in the workplace.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 are the most common types of criminal background checks?
A criminal history check reveals detailed information regarding an individual’s county, state, and federal criminal history. Each record varies by the type of information it searches for and the results that are returned.
1) County background checks, or county criminal history search results, include information about criminal cases filed only in the county ordered.
2) State background checks, or statewide criminal history search results, include information as reported to a state by counties within the state. Results may include case number, offense type, date of offense, disposition date/specifics, and confirmation of the current disposition.
3) Federal background checks, or federal criminal history search results, include criminal court record information that can be accessed via one or more of the 94 U.S. Federal District courts across the United States.
How do I request a copy of my background check?
To request a copy of a previous background check, please click on the link below and fill out the form.
What is the difference between comprehensive and instant background checks?
Instant background checks are more commonly known as “national criminal database searches” and provide general information pulled from a commercially available database. Although they have a quick return, the information is not corroborated against any official county court record and can provide inaccurate information as it’s not derived from a verified source. Comprehensive background checks are all-encompassing and compiled from a variety of sources, including local law enforcement, statewide criminal record repositories, departments of corrections, state parole and probation records, local public records sources, etc. This prevents mistaken identity matches that sometimes occur with instant checks when a person with the same name as the applicant has hits on their record. Employers must be cautious when choosing a background check process because choosing an instant check over a comprehensive check could lead to fines and lawsuits if they don’t abide by the guidelines set forth under the Fair Credit Reporting Act (FCRA).