This document discusses how to ensure a positive background check when applying for jobs. It covers what information is typically included in background checks, such as criminal records, employment history and education. It also discusses laws governing what cannot be included, such as certain civil judgments over 7 years old. The document provides tips for applicants, such as cleaning up online profiles, obtaining copies of their own records, and understanding their rights regarding background checks and investigative reports. Resources for learning more about legal protections and assistance are also referenced.
2. Ensuring a Positive
Background Check
You are in the queue!!! Now what?
Background check information
Resume’s truthfulness
Dealing with the gaps
Does your information align in all your documents
and profiles?
3. Ensuring a Positive
Background Check
Background Checks
Why does an Employer Conduct a Background Check?
What Is Included in a Background Check?
What Cannot be in a Background Check Report?
Who Conducts Background Checks?
Fair Credit Reporting Act and Background Checks
FCRA Update: Workplace Investigations and Annual File
Disclosures
Background Checks and Your Credit Report
Investigative Consumer Reports - What Will Your Neighbors
Say?
How to Prepare for a Background Check
Resources
4. Ensuring a Positive
Background Check
Why does an Employer Conduct a Background
Check?
Negligent hiring
Current Events
False or inflated information
Federal and state laws
The “information age”
5. Ensuring a Positive
Background Check
What is Included in the Background Check?
44% of employers check social networking sites
Range from Social Security verification to personal
acquaintances
Driving Records Vehicle Credit Records Drug test records
Registration
Criminal Records Social Security no. Education records Past employers
Court records Workers Bankruptcy Personal references
compensation
Character Neighbor interviews Medical Records Incarcerations
References records
Property ownership Military records State licensing Sex offender lists
Records
6. Ensuring a Positive
Background Check
What Cannot be in a Background Check Report?
Fair Credit Reporting Act (FCRA) sets national
standards that guides consumer reporting agencies but
not background checks done inhouse
Some states have stronger laws that guide this, such
as California
FCRA limits:
Bankruptcies after 10 years
Civil suits, civil judgments, records of arrests from date of
entry after seven years
Paid tax liens after seven years
Accounts placed for collection after seven years
Any other negative information (except criminal convictions)
after seven years
None of the above applies for jobs over $75,000 annual
7. Ensuring a Positive
Background Check
What Cannot be in a Background Check Report?
Additional laws regarding
Arrest information
Criminal Records
Workers compensation
Bankruptcies
Questions on an application
It can be asked but if over 7 years it can’t be “reported”
Personal Confidential Records
Education Records
Military service records
Medical records
8. Ensuring a Positive
Background Check
What Cannot be in a Background Check Report?
What can former employers say about me?
Truthful information about performance can be shared
Most employers to only confirm
Dates of employment
Final salary
Other limited employment information
9. Ensuring a Positive
Background Check
Who Conducts Background Checks?
Specialized agencies
Private investigators
Employment Screeners
Data Brokers
Small companies “in-house”
Caution if companies are small and use internet
advertised services as they are often out of compliance
with laws
10. Ensuring a Positive
Background Check
FCRA and Background Checks
Your right to know if an outside agency is used
You give consent and in many cases can obtain
California law requires a copy be available
Adverse information notification
Before and After
Shortcomings
Not applicable if company does not use a 3rd party agency
Employer may not disclose and adverse find and say it was
due to strong applicant pool
Ex: unemployed for several years due to bad info on
report due to identity theft
11. Ensuring a Positive
Background Check
FCRA Update: Workplace Investigations and
Annual File Disclosers
Employee misconduct investigations
If employer suspects you of misconduct relating to current
employment
Violation of laws
Violation of preexisting written policies
Noncompliance with self-regulatory organizations, ex:SEC
Employer does not have to give you notice
Report available to persons or agency related to
violation
Cannot dispute the findings –seek advice from
employment law attorney
Annual File Disclosure report as of 2004
12. Ensuring a Positive
Background Check
Background Checks and Your Credit Report
Credit report check to validate responsibility
Loss of job created poor credit, now can’t get a job due
to poor rating…NOT FAIR!
Some states are addressing this and saying check has to be
job related
Can continue to check after you are hired…see
previous slide
You don’t use credit, it can affect your getting a job
Employer wants to see ability to pay on time
13. Ensuring a Positive
Background Check
Investigative Consumer Reports: What Will your
Neighbors say?
Employers can check with your neighbors and friends
Investigative consumer report
FCRA has a separate disclosure
You are entitled to know “nature and scope”, but you have to
ask for it
14. Ensuring a Positive
Background Check
How to prepare for a Background Check
Order a copy of your credit report
Identity Theft Services
Check court records
Check DMV records
Do your own background check
Ask to see a copy of your personnel file from your old
job
Read the fine print carefully on any job applications
Tell neighbors and work colleagues
Clean up your “digital dirt”
Request previous background check reports
15. Ensuring a Positive
Background Check
Resources
Website used today:
http://www.privacyrights.org/fs/fs16-bck.htm
#9 good FAQ
Laws on Background Checks
Laws on Workplace Discrimination
Contacting Government Agencies
FTC Publications
Articles of Interest
Info to learn about access to attorneys and identify
theft programs
www.prepaidlegal.com/info/lmcsolutions
www.lmc-solution.com (use the link)