What kinds of criminal records show up on a background check?
Depending on the scope of the search allowable by law or requested by an employer, records of convictions of a felony or misdemeanor are usually reported on a background check. Non-convictions may be reported in some cases depending on the date of the charge or whether a case has been dismissed. Federal and state law will determine how far back criminal records can be reported.
A felony is typically defined as a crime punishable by a term of imprisonment of not less than one year or by the death penalty. Felonies may include crimes such as arson, assault, battery, fraud, homicide, kidnapping, rape, robbery, sex crimes, and terrorism.
Misdemeanors are often less serious crimes and are generally punishable by less than 12 months in jail. Community service, probation, fines, and imprisonment for less than a year are commonly issued punishments for misdemeanors. Obviously, each state may vary as to what is classified as a misdemeanor or felony.
Is CBD oil considered acceptable, and can it cause a drug test to have a positive result?
CBD oil can be made from both marijuana and hemp. Hemp based CBD oils, when used in low doses, are unlikely to result in a positive test because they often don’t contain high enough levels of THC for detection. If an employee is using hemp-derived CBD oil, most individuals would have to consume a relatively large amount of the product, to test non-negative. Note: Taking that much CBD oil could result in the user’s impairment.
Doses aren’t standardized across brands and some recommend higher doses than others. In addition, hemp-derived CBD oils aren’t FDA regulated and the advertised THC levels of products can be unreliable. As a result of varying dose recommendations and uncertain THC levels, taking CBD oil comes with a risk of a non-negative test result.
Why is the candidate's consent required to run a background check?
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.
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.