09 Feb What Information can’t be used for Employment Background Check?
Everyone talks about the aspects that are included in an employment background check report. However, it is equally important as well to know what not to be included in such reports. Everyone knows that FCRA has its national standards for employment screening. But, these regulations are applied only for the background check that is performed by third party service providers.
These service providers conducting employment background check are registered agencies under FCRA. They are also known as the Consumer Reporting Agencies. It is here to note that the FCRA rules are not applied if the employer goes for conducting the background check on its own.
What can’t be enquired?
According to the FCRA norms, a third party service provider for background check services can’t include reports of bankruptcies going beyond ten years. It can’t have any kind of arrest record, or even the civil judgments post seven years. No information regarding paid tax liens can also be received after seven years. On a whole, any kind of offensive detail after seven years can’t be collected about the person.
However, if the concerned person was convicted seven years back, such reports can be collected. But, these regulations are only applied for the positions involving the package of 75k dollars per annum or lesser. These rules are not applied for the positions involving package more than 75k dollar/p.a.
Very Confusing Criminal Detail:
The biggest confusion regarding the background check services is often associated with criminal convictions. Reports of these convictions can be gathered going infinite periods back. Well, the rules vary in case of some states, though the seven-year regulation is accepted by most of the prominent cities. The best recommendation would be to connect with the local employment agency that deals with these affairs.
To be specific, the regulations regarding the arrest details of a person look confusing. Though such records are considered as the public records in general, some states have restrictions. But, if the arrest was made as a result of the conviction, such information can be perceived.
One can also take the information into account if the person is out of jail, but the case is still on. Well, most of the states allow the employers or the background check services to enquire about the drug-related aspects of the concerned applicant.
As explained above, the criminal convictions or such histories are not considered as the public records in most states. However, these details are allowed if the person has to be hired for sensitive cases like any public property, top-level security agency, or for an organization associated with child care.
Regarding the Payment/Salary of the applicant:
Background check companies also often have to check the regulations regarding the payment concerned aspects. These companies or the employer can always have information through worker’s board or the concerned state department (if they have).
Well, such information is provided to the background check companies or the employers once the applicant is selected for the position. But before that, the company has to register with the boards of the workers and must acknowledge that the records are being used for the authorized purpose only.