When running background checks, how do I stay compliant?
It’s important to have a clear and concise written policy, which remains consistent for all candidates who apply. Background checks must remain compliant with the regulations set forth by the Fair Credit Reporting Act (FCRA) and in addition, must also comply with state laws as they vary by state. Before running a background check, the candidate must be notified and give written consent for the employer to proceed with the check. Not all background checks are the same and depending on the industry can vary on what is required. Standard background checks often include criminal history checks, employment and education verification, SSN validity, etc. Some positions require more, such as DOT testing history, state driving records, credit reports, sex offender searches, etc. Once a candidate is hired, employers are required to fulfill an I-9 and E-Verify, which verifies the identity and eligibility to work for all new employees. By following these steps you can help ensure your background process is as safe and effective as possible.
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 When employers use cheaper instant background checks, information can be incorrect or outdated, which could lead to potential lawsuits or liability in the workplace.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.
Are driving records included in a background check?
Yes, driving records can be included in a background check. This product verifies current driving history from the Department of Motor Vehicles; it may report arrests/convictions/suspensions for speeding and driving while intoxicated, which may indicate a history of reckless behavior.
How do I dispute SafetyNet Criminal jurisdiction search results?
If the background check was with DISA, you can dispute it from our Applicant Assistance page.