Do I Need a Sticker for Spotted Lanternfly Permit?

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 When employers use cheaper instant background checks, information can be incorrect or outdated, which could lead to potential lawsuits or liability in the workplace.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.

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.

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.