Answer

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.

DISA’s Client Services department team can answer most questions you may have. Please call them at 281-673-2450. In addition, your contractor employer should be able to provide information about specific owner requirements.

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 When employers use cheaper instant background checks, information can be incorrect or outdated, which could lead to potential lawsuits or liability in the workplace.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

Background screenings can vary greatly depending on what is required of certain positions, industry standards, and state laws. DISA's products include:

  • Criminal History Checks (Federal, State, and County)
  • Civil Searches (Federal and County)
  • SSN Validity Checks
  • Employment Verifications
  • Education Verifications
  • I-9 and E-Verify
  • State Driving Records
  • Professional Licenses and Credentials
  • Credit Reports
  • Adverse Action Notices
  • Personal Reference Verifications
  • Government Sanctions Lists
  • Sex Offender Searches
  • DOT Testing History
  • Criminal Investigative Services