Criminal Background Reports
Criminal background checks on job applicants and employees have become routine. According to a 2010 survey by the Society for Human Resources Management, approximately 93% of employers conduct criminal background checks for some potential applicants, and 73% of employers conduct criminal background checks for all potential applicants.
Criminal background checks have far-reaching consequences for applicants and employees. Despite the same, the industry is not tightly regulated and common errors can cause a job applicant to be denied a position, or even a current employee to be terminated. Oftentimes, a criminal background report is so confusing that even employers (and more so applicants) do not even understand what is being reported, which can lead to negative consequences for applicants and employees.
THE FAIR CREDIT REPORTING ACT ("FCRA") GOVERNS MOST BACKGROUND REPORTS.
The key law governing criminal background reports is the Fair Credit Reporting Act ("FCRA"), 15 U.S.C § 1681a et seq. While the protections afforded under the FCRA are not robust, they do govern and regulate a few key areas:
The FCRA sets forth certain disclosure requirements that employees or applicants must be provided prior to and after a background report.
The FCRA limits the information that can be included on a background report.
The FCRA requires the background report to be accurate, up-to-date, and not misleading.
The FCRA allows individuals to dispute inaccurate information and requires companies to update reports based on those disputes.
YOU HAVE A RIGHT TO DISPUTE INFORMATION IN YOUR BACKGROUND REPORT.
If the information contained in a background report is inaccurate, the FCRA allows an individual to dispute the accuracy of the information and requires the background check company to conduct a "reasonable reinvestigation" to determine whether the disputed information is inaccurate. Normally, a background check company has 30 days in which to conduct its investigation and report its results.
If a background check company fails to conduct a "reasonable reinvestigation" there may be legal liability.
WHAT YOU SHOULD KNOW
People all too often assume that a background report is accurate, complete, not misleading, and that an employer's actions regarding the report comply with the law. The FCRA is a complicated statute and you should consider consulting with an attorney if you have questions about a background report or your treatment by your employer (or potential employer) in connection with a background report.
This page is not meant to constitute legal advice and does not establish an attorney-client relationships. Not all background checks in Minnesota are subject to the FCRA and it is important to consult with an attorney to determine your rights.
Contact Leland Conners Today for a Free Initial Consultation
There is no charge for the first consultation. Please contact our firm at 612-255-2255 or by completing a contact form to book your appointment. We are located in Minneapolis and serve clients throughout the Twin Cities metro area.