Information about criminal record searches

Background and credit checks  

The Fair Credit Reporting Act allows pre employment screening agencies to conduct background and credit checks for employment purposes. 

This law imposes several conditions on users (screening agencies) who pull consumer reports for employment purposes. One rule stipulates that users will not use a consumer report in violation of any applicable federal or state equal employment opportunity law or regulation. Before screening agencies can run background and credit checks, the prospective employee must provide a separate written document disclosing that a consumer report may be obtained for employment purposes. Written authorization from the consumer for pulling the credit report is also required. The FCRA maintains that the consumer reporting agency must provide a copy of Consumer Rights to any agency pulling a credit report for employment purposes.

When it comes to background and credit checks, one's consumer rights needs to be taken strongly into consideration. Background checks must follow the equal employment opportunity laws by not displaying applicants year of birth and spouse reference. Under these laws, account number information, which is irrelevant to hiring decisions, will also not be displayed.

Certain information will remain on one's credit file for seven years from the date of the last activity or the date the document was filed with the courts. Some of these items include: closed or paid accounts; accounts sent to collection or charged to profit and loss; legal records such as judgments and tax liens; and Bankruptcy Chapter 13. Speaking to a specialist about background checks that won't infringe on an individual's consumer rights is always recommended.
 

 

Uses of criminal records

Criminal history records describe an arrest and all subsequent actions concerning each criminal event that are positively identifiable to an individual.

Accurate, timely and complete criminal history records -

  • enable States to immediately identify persons who are prohibited from firearm purchase or are ineligible to hold positions of responsibility involving children, the elderly, or the disabled.
  • enable criminal justice agencies to make decisions on pretrial release, career criminal charging, determinate sentencing, and correctional assignments.
  • are critical to assist law enforcement in criminal investigations and decision making.
  • are required for background checks for national security, employment, licensing and related economic purposes, as required under recent legislation.

 

Home: Criminal records

 

 
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