October 12, 2021
If Criminal Offense Records are Public Records, Why Do I Need to Obtain a Disclosure and Authorization?
In a previous article, we addressed the Disclosure and Authorization. In particular, the requirement to provide disclosure and obtain authorization and to pay particular attention to keeping them simple, without extraneous language. And yet, criminal records are public records. The accusation, trial, and sentencing are public records. There is a move to suppress identifiers on […]
February 9, 2021
Two Recent Court Cases on the Disclosure and Authorization
At the risk of being a broken record (for you youngsters, records preceded online music and CDs and when they got a scratch might play the same thing over and over again) we want to address the disclosure and authorization issue. As you know, this is perhaps the most litigious area in the use of […]
December 4, 2018
What Employers Need to Know About Conducting Background Checks – Part 2
Employer and Candidate Rights An employer has every right to require that their candidates undergo a background check, to ask direct questions about their qualifications in the interview process, and to make hiring decisions based on the information that they find. But they must do so while complying with certain federal, state, and municipal laws that […]
February 21, 2018
Conducting FCRA and EEOC Compliant Criminal Background Checks
For employers and hiring managers alike, making hiring decisions while remaining compliant with local and federal laws is an increasingly challenging task with the growing restrictions around how applicants’ criminal records are handled. Background checks provide the confidence and reassurance employers are looking for when they are bringing new faces into their companies. For some […]
March 27, 2017
What to Do About Credit Report Inaccuracies
Inaccuracies on a credit report may cost consumers opportunities in the form of employment, credit, housing, and more. Under the Fair Credit Reporting Act, consumers have a right to see and dispute information that appears on their credit report, and CRAs are required by law to investigate each dispute and issue a response. Adding […]
March 20, 2017
Who Can Request a Credit Report?
The Fair Credit Reporting Act regulates the use of credit reports as a protection for consumers. Permissible uses of the credit report include: Applications. This can be for opening new lines of credit, purchasing insurance, or finding a new place to live (rental applications). Employment purposes. Employers can request a credit report on prospective or […]
March 16, 2017
Background Checks and Employee Rights
Conducting employee screening and background checks is so prevalent a practice these days that a basic check can be done for under $20. More complex investigations, also called investigative consumer reports (ICRs), are much pricier and are often conducted on candidates of high level positions. Why Conduct a Background Check? Employers elect to pay for […]
March 13, 2017
What are Credit Reporting Agencies and What Do They Do?
Credit reporting is subject to regulation because of the sensitive nature of the information being exchanged. The results of credit reports put individuals at risk of losing opportunities in the form of loans and job offers, and even housing. The Fair Credit Reporting Act exists to both preserve the right to vet prospects before […]