Answer

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.

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.

Employers can look for a variety of things in a background check including but not limited to education/employment verification, SSN/i9 checks, or prior federal, state, or county convictions. Although employers can customize their background check policies, depending on the industry or state laws, they have to abide by certain practices to maintain compliance.

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.