Nowadays, there are numerous reasons to complete a criminal background check on individuals. There has been an increase in forgery, crime rates, and employment related fraud, for instance, which is why employers are now so focused on workplace safety. The result is that they often complete a pre-employment criminal background check. However, people still have a lack of understanding about what these checks are. Here, some common myths are dispelled.
Myth #1 – A Criminal Background Check Result Cannot Be Disputed
The Fair Credit Reporting Act (FCRA) states that candidates are allowed to dispute the results of their background check. The process to do this is known as Adverse Action, which stipulates that candidates must be notified of the results of the report, including a copy thereof, within three business day. This is a legal right.
Myth #2 – All Information Can Be Found Online
A lot of businesses in particular feel that background checks are no longer needed because everything is online nowadays. However, using social media and the internet is very limited. The result is that many things may be missed, which could pose a risk.
Myth #3 – Only Large Companies Need to Run Background Checks
All businesses should consider running background checks on new employees and sometimes even on existing ones if that is allowed. Meanwhile, it is recommended that people also run these checks on any new personal relationships they build.
Myth #4 – All Background Checks Providers Are the Same
This is perhaps the biggest myth of all. It is absolutely vital to check that the provider is genuine and that they provide correct and accurate information. Additionally, they must follow the guidelines as set by the FCRA.
US Regulations on Background Checks
The industry itself is tightly regulated in this country and quite rightly so. This is done to protect both the companies providing the checks and the privacy of the candidates. Indeed, legislation is in place from local to federal level and must be adhered to. Some of the most important laws and official bodies that these should comply with are:
- The Fair Credit Reporting Act (FCRA), which is designed to protect consumers’ privacy, guaranteeing the accuracy of the information as much as possible.
- The Equal Employment Opportunity Commission (EEOC), which ensures that employees are not allowed to be discriminated against based on their genetics, disabilities, age, national origin, pregnancy, sex (sexual orientation and gender identity), race, religion, or color.
- The Federal Trade Commission (FTC), which is a federal agency that is responsible for the FCRA as well as for the Consumer Financial Protection Bureau (CFPB). They have regulated that any employer wanting to complete a background screening must explain what information they want to include in their reported.
- I9 Compliance, which requires that those in this country who are hired as employees have to verify their employment authorization and their identity. Non-citizens and US citizens have to do this equally.
Hopefully, this information will provide some real clarity on the background check.