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.
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