Background Checks: Navigating Identifier Removal in Public Records

Recent changes in the process of conducting criminal background checks, particularly the removal of key personal identifiers from public records, have broad implications for employers and consumer reporting agencies (CRAs) across multiple states, including California and Michigan. A recent webinar hosted by Chad Ascar, Director of Compliance Integration at DISA Global Solutions, shed light on these complexities. Here are key takeaways on how businesses can navigate these challenges effectively.

The legal landscape surrounding criminal background checks is continually evolving. Recent court rulings and legislative changes have led to the removal of critical identifiers, such as dates of birth and driver's license numbers, from public records. This move aims to enhance privacy but presents new challenges for accurately matching criminal records to individuals, especially those with common names.

The removal of key identifiers from public records has significantly affected CRAs. Without identifiers like dates of birth, CRAs face increased difficulty in verifying the identities of individuals. This results in longer turnaround times. CRAs now need to employ additional methods and tools to ensure the accuracy of their reports.

For employers and end users, these changes mean that obtaining accurate and timely background checks has become more challenging. Employers must now navigate longer delays in receiving background check results, which can impact hiring decisions and timelines. The inconsistency in how different courts handle public records further complicates the process, making it harder for employers to receive information in order to make informed decisions.

Businesses must remain compliant with federal laws such as the Fair Credit Reporting Act (FCRA). Ensuring the accuracy of background checks is paramount for CRAs, and providing applicants with the required notices and opportunities to dispute inaccuracies is essential. Employers need to stay informed about changes in the legal landscape to maintain compliance and protect their organizations from potential legal issues.

• California: Known for its strict privacy laws, California has been at the forefront of removing personal identifiers from public records. This has led to significant challenges for employers in the state.
• Michigan: Recent changes have been implemented in Michigan to mitigate some of the difficulties in gaining access to the identifiers needed.

To adapt to these changes, employers are encouraged to enhance their interview and hiring processes. Some strategies include:

1. Utilizing Additional Data Points: Incorporating social media searches and professional references to supplement the background check process.
2. Implementing Contingent Hiring: Making job offers contingent, where possible, on the completion of a thorough background check, allowing for flexibility in the hiring timeline.
3. Differentiated Screening Processes: Tailoring the screening process based on the importance of the role and the level of access to sensitive information.

• Maintaining a balance between public information and privacy is essential.
• The removal of key identifiers from public records, specifically date of birth and driver's licenses, presents significant challenges for background checks.
• Employers should expect longer than normal delays in receiving background check results due to the increased complexity of the process.
• Delays and challenges in obtaining accurate information can affect hiring timelines and decisions.

It is crucial for businesses to stay informed about these changes. Engaging with HR organizations and industry associations, such as the Professional Background Screening Association (PBSA), can provide valuable insights and updates. Employers should also consider voicing their concerns to policymakers to advocate for a balanced approach that protects both privacy and public safety.

The recent changes in the criminal background check process present significant challenges for employers and CRAs. By understanding these changes and adapting their hiring practices accordingly, businesses can navigate this complex landscape while ensuring compliance and maintaining efficient hiring processes. DISA offers comprehensive support to help businesses navigate the complexities of criminal background checks in this evolving legal landscape. Our compliance experts stay updated with the latest legal changes, providing clients with critical insights and strategies to maintain compliance and streamline their hiring processes. Whether you need assistance with adjusting your background screening practices or require guidance on compliance issues, DISA is here to support you every step of the way.

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Founded in 1986, DISA is the industry-leading provider of employee screening and compliance services. Headquartered in Houston, with more than 35 offices throughout North America and Europe, DISA’s comprehensive scope of services includes drug and alcohol testing, background screening, occupational health, and transportation compliance. DISA assists employers in making informed staffing decisions while building a culture of safety in their workplace.