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Reliable National Criminal Database Solutions for CRAs in 2026

Fri, 03 Apr 2026 19:05:33 GMT

Public record screening has expanded in scope as hiring increasingly spans jurisdictions and data sources. Broader access, however, has introduced uneven data quality and gaps in verification. Consumer Reporting Agencies must balance speed with accuracy while staying compliant, which calls for a more disciplined approach to how criminal data is sourced, reviewed, and used.

How CRAs Use National Criminal Database Searches

Consumer Reporting Agencies use national criminal database searches to streamline early-stage screening and manage multi-jurisdictional data. These searches influence how risk is identified, escalated, and validated before moving to court-level review.

Initial Screening

At the earliest stage, CRAs use criminal record searches to quickly surface potential records across jurisdictions. This first pass highlights areas that may need deeper review, especially when applicants have lived or worked in multiple locations with varying reporting standards.

Risk Mitigation

Beyond initial identification, these searches help CRAs assess patterns that may indicate broader exposure to risk. By consolidating records across jurisdictions, they create a more complete view of an individual’s history so internal teams can prioritize cases that warrant closer review and escalation.

Verification Requirements

Database results alone are not sufficient for compliant reporting, so CRAs must follow with court-level validation. Records identified during screening need to be confirmed at the source, with jurisdiction-specific details reviewed for accuracy, disposition, and reportability before inclusion in a final report.

What Should a National Criminal Database Search Reveal?

Multi-State Criminal Database Search

A multi-state criminal database search compiles records from numerous jurisdictions, creating a broader starting point for identifying potential matches. For CRAs, this function supports quicker identification of records that may not appear in single-county searches, particularly when individuals have lived in multiple states with varied reporting practices and data availability.

Sex Offender Registry Search

Sex offender registry searches identify individuals listed on federal and state registries, adding another layer of visibility beyond general criminal records. For CRAs, this search helps capture offenses that carry ongoing reporting obligations and reinforces the need to confirm registration status and jurisdictional accuracy before reporting.

Global Watchlist/Terrorist Search

A global watchlist or terrorist search looks beyond domestic databases to find individuals flagged on international sanctions, enforcement, and security lists. This international screening layer helps CRAs spot potential cross-border risks that may not appear in U.S. court records, adding another dimension to early-stage decisions.

SSN Trace

An SSN trace connects an individual to known aliases, address history, and jurisdictions tied to their Social Security Number. This step guides where deeper record searches should occur and highlights identity variations that may affect match accuracy, forming a structured base for more focused criminal record research.

Common Limitations of Typical National Criminal Database Searches for CRAs

Even widely used databases can introduce blind spots that affect accuracy, coverage, and workflow efficiency. These gaps often surface only after deeper review, creating friction for CRAs working to maintain consistent, compliant, and defensible screening practices.

How to Conduct a National Criminal Database Search for CRAs

A structured approach helps CRAs maintain accuracy while managing multi-jurisdictional searches.

Step 1: Conduct a Broad Database Search.

Begin with a national search to identify potential records, aliases, and relevant jurisdictions.

Step 2: Verify Records at the Source.

Follow up with a court runner based on criminal and civil searches to confirm case details directly at the originating court.

Step 3: Apply Compliance Review Standards.

Align findings with established practices by referencing CRA background checks : guide to FCRA-compliant screening, evaluating reportability, and jurisdictional requirements before finalizing results.

This process promotes consistent reporting and strengthens defensible screening outcomes.

Eagle Eye Screening Solutions: The Best National Criminal Database Solution

Eagle Eye Screening Solutions focuses on wholesale background screening data and criminal research for CRAs that want reliable sourcing, consistent workflows, and greater control over how criminal record data is accessed and verified.

FCRA-Compliant & PBSA-Accredited

Eagle Eye Screening Solutions operates within established FCRA standards and industry accreditation frameworks, helping CRAs keep compliant processes in place while managing reporting obligations across jurisdictions.

Verified at the Court Source

All records are confirmed directly at the originating court, reinforcing data accuracy and reducing dependence on incomplete or heavily aggregated database results during screening.

Real-Time Data Extraction

Through automated court record searches , Eagle Eye captures information directly from court systems, supporting faster turnaround times and more current data for CRAs handling high-volume screening.

Flexible Integration & Customization

Eagle Eye supports seamless API integration so CRAs can align data retrieval with internal systems while keeping flexibility in how searches are configured and managed.

Wholesale Pricing for Increased Profit Margins

Wholesale pricing structures help CRAs manage costs more effectively, protecting margins while scaling screening operations without sacrificing data quality or expected turnaround times.

Reliable screening depends on more than having access to data. Outcomes hinge on how that data is sourced, verified, and used in practice. Eagle Eye Screening Solutions works with CRAs through structured, court-validated research built for consistency and scale. To see how these services fit your workflow, contact the team to start a conversation .

Colorado Expungement | Colorado Clean Slate Law

Mon, 30 Mar 2026 15:36:47 GMT

Key Takeaways

The Colorado Clean Slate Act is a fully implemented system that automatically seals records of arrests that did not result in a conviction, as well as many older criminal convictions and civil judgments.

The act prohibits employers from asking about sealed records and prohibits CRAs from providing these records to employers.

Expungement in Colorado is primarily limited to juvenile records and arrests with no conviction, though 2025 reforms have expanded access for those currently completing court-ordered supervision.

Colorado Clean Slate Act

The Colorado Clean Slate Law , which went into full effect in July 2024 and was expanded in 2025, allows several types of records to be automatically sealed:

Arrest records that didn’t result in a conviction.
Civil infractions more than four years old.
Petty offenses and misdemeanors more than seven years old.
Felonies 10 years after release from prison or the conclusion of the case and completion of all sentence requirements.
Conduct that has since been legalized (such as specific marijuana-related offenses) is now eligible for streamlined sealing.

Some crimes, including murder, assault, robbery and sex offenses, are not eligible for Clean Slate . Under the Expungement Reform Act of 2025, individuals may now be eligible to seek relief even while currently on probation, removing previous restrictions.

Employers are not allowed to require job applicants to reveal anything contained in sealed records.

Colorado Background Check Laws

Colorado is a “ban the box” state. Employers may not ask about criminal history on an initial job application. When employers do order background checks, they may go back only seven years. There are a handful of exceptions. Their background checks should not show sealed or expunged records, but employers may not use this information if they learn of it.

State and local public employers may not ask about criminal history or order a background check until they have made a conditional offer of employment. If some negative turns up on the check, they may not rescind the offer unless the issue specifically relates to the job duties.

Expungement in Colorado

Expungement destroys records; in the eyes of the law, the incident never occurred. There is limited expungement in Colorado. It’s allowed for juvenile records, arrests that did not result in a conviction, and situations involving a completed diversion program, an informal adjustment, or a deferred judgment.

While "Clean Slate" refers to the automatic sealing of records, the 2025 Reforms have modernized the petition process, allowing for virtual hearings and broader eligibility for non-violent records. Juvenile records will not be expunged if the juvenile was adjudicated as a violent or aggravated offender. Homicides and sex felonies are not expungeable.

What CRAs Need to Know About Clean Slate Laws in Colorado

The Clean Slate Act requires CRAs to exclude from reporting any records sealed under the act, except in limited cases where reporting is required by state or federal law. Because the automated system is now live and has processed over 100,000 records, CRAs must ensure their databases are updated frequently to avoid reporting records that have been recently sealed by the state.

The Bottom Line

Colorado’s automated sealing system is now a standard part of the state’s justice system, providing former offenders a fairer chance for employment. The state seals arrests that did not result in conviction and, with some exceptions, older civil judgments, misdemeanors, and felonies. Expungement, which deletes records, remains available for arrests without conviction and most juvenile offenses.

CRAs are generally not permitted to report sealed or expunged records, and employers may not require job candidates to reveal these.

Connecticut Clean Slate Law: Record Sealing Explained

Mon, 16 Mar 2026 20:56:13 GMT

Key Takeaways

Connecticut's Clean Slate law is now fully implemented, dictating the erasure of certain criminal records, including most misdemeanors more than seven years old and low-level felonies more than 10 years old.

Employers and CRAs are generally unable to discover these erased records. If they do become aware of them, employers are prohibited from using them in hiring, promotion, or compensation decisions.

Employers may not ask about criminal records in the initial application process. If they inquire later, they must clearly state that erased records do not need to be reported.

What Is the Connecticut Clean Slate Law?

Connecticut's Clean Slate Law went into effect on January 1, 2023, and following the completion of the state's technical system updates in late 2025, automatic erasures are now fully operational. The law provides that certain criminal records are automatically erased after seven or 10 years, depending on the offense. In other cases, individuals may petition the court for erasure.

In Connecticut , erasure (often called expungement) means all records are sealed, and legally, it is as if the conviction never existed. A person with an erased record may swear under oath that they have not been arrested or convicted for that specific crime.

The law provides for the erasure of misdemeanor convictions seven years after the date of the court's most recent judgment. Low-level felonies—specifically those carrying a prison sentence of five years or less—are automatically erased after 10 years. While erasure for most crimes committed after January 1, 2000, is now automatic, individuals may still petition for the erasure of earlier records.

Individuals must have fulfilled all terms of their sentence, including prison time, fines, probation, and parole, and remained crime-free during the elapsed time. Automatic erasure is not extended to those convicted of sexual offenses, family violence, or crimes related to firearms. Additionally, following legislative updates in late 2023, DUI convictions are subject to stricter requirements and are only eligible for erasure 10 years after the most recent conviction.

How Are CRAs Affected by Connecticut's Clean Slate Law?

CRAs now have more limited access to criminal records in Connecticut. If an arrest or conviction is erased under the Clean Slate Law, the paperwork is sealed and the record is no longer accessible to the public.

If physical records have not yet been destroyed, there is strictly limited access for the defendant, their attorney, the prosecuting attorney, or the crime victim—usually only through a court order. If a CRA learns about a criminal record that has been erased under Clean Slate, they must not pass this information to their client.

How Are Employers Affected by Connecticut's Clean Slate Law?

An employer's right to make hiring or promotion decisions based on criminal history was already limited , but Connecticut employers must now be even more cautious. Under Clean Slate, employers will generally not learn about misdemeanors more than seven years old or eligible low-level felonies beyond ten years. If they do gain this information, they may not use it in any personnel decision, including setting compensation or establishing terms and conditions of employment.

Under "Ban the Box" laws, employers are prohibited from asking about criminal history on an initial application. When they ask later in the hiring process, they must tell the candidate in conspicuous writing that the candidate is not required to report erased arrests or convictions. Employers who violate these rules may be subject to a complaint with the Labor Commission or a court action.

How Are Employees Affected by CT's Clean Slate Law?

With the state’s automated system now fully synchronized with judicial databases, most people who meet the criteria have had their eligible records erased. After erasure, an individual may legally state they have never been arrested or convicted of the crime.

For employees, an erased offense cannot be used to deny a promotion or set a salary. For applicants, it means they can legitimately say no crime occurred. If an employee or applicant believes an employer has discriminated against them because of an erased offense, they may file a complaint with the Connecticut Labor Commission or the Commission on Human Rights.

How to Comply with Connecticut’s Clean Slate Law

Employers should review their internal processes for job applications and promotion decisions to ensure they comply with the current landscape. Application forms should be audited to remove disallowed queries, and hiring teams should be trained on the notice requirements regarding erased records.

Those who engage CRAs for background checks should communicate with their vendors to confirm they are aware of the law and are filtering out erased records.

The Bottom Line

The Connecticut Clean Slate law is now fully active, automatically erasing records for misdemeanors after seven years and certain felonies after ten years. CRAs and employers are generally unable to discover these records, and employers are strictly forbidden from using them in personnel decisions.

As these changes become more common nationwide, it is vital for CRAs and employers to keep track of the latest regulations. Eagle Eye Screening Solutions is a trusted wholesale background check partner with the nationwide scope and knowledge to provide searches that are thorough, effective, and compliant with today's standards.

A Guide to California Background Check Laws

Mon, 02 Mar 2026 21:47:49 GMT

Without background checks , employers would be at a tremendous disadvantage in making hiring decisions. They’re critical, and companies need them to protect their assets, reputation and their other employees.

In California, there are strict regulations about what a consumer reporting agency may provide an employer and what an employer may do with this information.

Here are some specifics that every CRA and employer needs to know in 2026, not only to act within California law but also to make the best use of background checks and to have realistic expectations about what they will accomplish.

California DOB Redaction Information

Date of birth may no longer be used to identify criminal defendants in California public records. This is due to a 2021 decision, All of Us or None – Riverside Chapter vs. W. Samuel Herrick . Since this decision, California Superior Courts have removed DOB as a search field in online portals and on public access terminals in courthouses. Driver's license number has also been redacted from these publicly searchable databases.

This restriction continues to have a serious impact on California criminal background checks . Often, an individual's name is the only identifier available in digital searches, and because most names are not unique, they cannot accurately identify a person.

To remain compliant and ensure accuracy, an in-person visit to a county courthouse by a professional researcher is often required to confirm identities. While there have been ongoing legislative efforts through 2025 to restore access, the current reality still necessitates physical court-runner verification .

What Shows Up on a California Background Check?

California background checks may include criminal history, civil court cases, education verification, employment verification, driving records, credit checks, and healthcare sanctions.

Criminal History : A report may show convictions for felonies and misdemeanors. However, under California’s expanded Clean Slate laws (SB 731) , many older or eligible convictions are now automatically sealed and will not appear on a report. Additionally, reports are not allowed to show any arrest, indictment, or trial that did not result in a conviction. Convictions more than seven years old typically may not be listed.
Civil Court Records : These may show legal history not related to criminal activity, such as restraining orders, lawsuits, and tax claims.
Education and Employment: Verification reveals institutions attended, degrees awarded, professional licensing, and past job titles or dates of employment.
Driving Records: These include moving violations, suspensions, and accidents. Note that as of 2024, California law (AB 2188) protects employees from discrimination based on off-the-clock cannabis use; therefore, drug screenings must focus on current impairment rather than past use.
Credit Reports : State law is very strict here, allowing credit checks only for specific roles, such as management positions or jobs with access to $10,000+ in cash.

Source Wholesale Background Data with Confidence.

Partner with Eagle Eye for fast, compliant solutions.

California Background Check Laws Employers Must Know

State law governs the use of criminal background checks and credit checks. Some localities have their own laws that are stricter than state law.

When an employer orders a credit report on a job candidate, they must follow several steps. They must tell the applicant that a credit report will be used in the hiring decision. They are required to give the candidate the name and address of the CRA that will be conducting the check and issuing the report. They must provide a copy of the report, without charge, to the candidate, at the time it’s delivered to the employer.

Here are some specific laws that California employers must know and observe.

FCRA

California employers are required to comply with the federal Fair Credit Reporting Act (FCRA) , which requires written disclosure and consent. However, California’s Fair Chance Act goes further: employers generally cannot inquire about criminal history until after a conditional offer of employment.

If a disqualifying record is found, the employer must perform a documented "Individualized Assessment" to determine if the conviction has a direct impact on the job duties. If the candidate is not hired due to the report, the employer must follow a specific adverse action process, providing the candidate five business days to respond with evidence of rehabilitation or to dispute accuracy before a final decision is made.

CCRAA

California has its own regulation, the California Consumer Credit Reporting Agencies Act (CCRAA). It limits the situations in which an employer may order a credit report on a candidate or on someone who is already an employee. Employers must have a legitimate business need to see a credit report, and the CCRAA spells out what constitutes such a need. The employer must not only provide written notice to the individual that it is ordering the report but also name the specific basis, or legitimate business need, for running the report.

Credit reports are not allowed for most employees. There is a restrictive list of the jobs for which a company may order this report. They are:

Jobs at the California Department of Justice.

Management positions.

Certain positions for which a credit check is required by law.

Jobs in which the employee will have access to proprietary information or trade secrets.

Jobs in which the employee will have regular access to cash of $10,000 or more.

Jobs in which the employee will have access to personal client information such as bank account information, credit card information, or social security numbers.

Jobs in which the employee can sign for the employer’s bank or credit card accounts or can authorize money transfers.

Investigative Consumer Reporting Agencies Act (ICRAA)

The ICRAA limits what criminal information a CRA may provide. They may not report convictions more than seven years old or any records that have been automatically sealed under California's "Clean Slate" laws. They may not report charges and arrests that resulted in non-convictions. These restrictions apply regardless of the position or salary. Furthermore, under 2024 laws (AB 2188), employers generally cannot use background checks to discriminate based on off-the-clock cannabis use.

A wholesale screening service with a deep knowledge of state and local laws can help CRAs and employers be confident they’re acting within the law. Eagle Eye Screening Solutions is integrated with platforms like Deverus, Digital Delve, Accio Data, and Tazworks. We utilize professional court runners in all 58 California counties to verify identities in an era of redacted public records.

Contact Eagle Eye Screening Solutions today for trusted and accurate information regarding compliant 2026 searches.

Source Wholesale Background Data with Confidence.

Partner with Eagle Eye for fast, compliant solutions.

How Background Check API Integrations Deliver Fast, Accurate, Automated Data

Tue, 24 Feb 2026 18:26:05 GMT

Speed and accuracy are no longer competitive advantages in the screening industry. They are baseline expectations. Consumer Reporting Agencies (CRAs) and high-volume screening providers must deliver reliable results quickly while maintaining strict compliance standards. Manual processes, disconnected systems, and delayed data retrieval create operational bottlenecks that increase risk and reduce scalability.

A background check API integration addresses these challenges by automating the exchange of screening data between platforms. For CRAs seeking a streamlined, compliant , and scalable workflow, a modern background screening API provides the infrastructure necessary to move faster without sacrificing data integrity.

This article explains how API-driven screening works, the types of searches supported, key features to evaluate, and how Eagle Eye Screening Solutions delivers an enterprise-ready, API-based screening solution designed for performance and accuracy.

What Is a Background Check API?

An Application Programming Interface (API) is a set of protocols that allows two software systems to communicate securely and exchange data in real time.

In the screening industry, a background screening API connects a CRA’s case management platform, applicant tracking system (ATS), or screening software directly to a data provider’s research infrastructure. Instead of logging into separate portals or manually uploading requests, the system automatically transmits search orders and receives results electronically.

A background check API integration eliminates manual handoffs and reduces turnaround time by allowing:

Automated order submission
Real-time status updates
Structured data delivery
Seamless report population within existing workflows

For CRAs operating at scale, this level of automation is essential to maintaining service-level agreements and compliance controls.

How Does a Background Check API Integration Work?

A background check API integration functions through structured data calls between systems. While the technical architecture varies, the workflow typically follows these steps:

1. Order Submission

A screening platform sends a structured API request containing applicant identifiers and search parameters.

2. Automated Data Processing

The data provider receives the request and initiates court research, database queries, or jurisdictional searches.

3. Real-Time Status Updates

The API communicates progress updates back to the requesting system.

4. Results Delivery

Completed records are returned in standardized formats such as JSON or XML and automatically populate the screening report.

5. Audit Logging & Traceability

Every transaction is recorded for compliance documentation and quality assurance.

This API-based screening solution reduces manual intervention and ensures consistent data formatting across high volumes of searches.

For CRAs, that translates to operational efficiency, reduced error rates, and faster turnaround times.

What Types of Background Checks Work With an API?

Modern background screening API systems support a wide range of search types , including:

County criminal court searches
Statewide criminal repository searches
Federal criminal searches
Civil court searches
Sex offender registry searches
Global watchlist checks
Identity verification services

County-level criminal searches remain a foundational component of employment screening. Integrating these searches via a background check API integration allows CRAs to automate ordering while maintaining access to jurisdiction-level court data.

For high-volume providers, API connectivity ensures that bulk orders can be processed without introducing manual research delays or data inconsistencies.

Benefits of Integrating Background Checks via API

A properly implemented background check API integration provides measurable operational and compliance advantages.

1. Faster Turnaround Times
Automated data transmission eliminates email orders, portal logins, and manual uploads. Orders move instantly from the screening platform to the research provider, reducing delays.

2. Improved Accuracy
Manual data entry introduces risk. An API-based screening solution standardizes formatting and reduces typographical errors that can impact search results.

3. Scalability for High-Volume Hiring
Bulk hiring environments require infrastructure capable of handling thousands of simultaneous transactions. A robust background screening API supports surge capacity without degrading performance.

4. Compliance Support
Automated logging and structured data exchange improve audit readiness. Consistent data formatting reduces reporting inconsistencies that can create downstream compliance issues.

5. Reduced Administrative Overhead
Eliminating repetitive manual tasks allows internal teams to focus on quality assurance and client service rather than data transfer logistics.

For CRAs seeking to remain competitive, API integration is no longer optional. It is operationally strategic.

Key Features to Look for in a Background Check API

Not all APIs are equal. When evaluating a background check API integration, CRAs should assess the following capabilities:

Real-Time Data Exchange
The system should support immediate order transmission and prompt result delivery without batch-processing delays.

Structured, Clean Data Output
Standardized JSON or XML output ensures compatibility with reporting systems and reduces formatting inconsistencies.

Secure Encryption & Authentication
Data must be transmitted through secure, encrypted channels with authentication protocols to protect consumer information.

High Availability Infrastructure
Downtime disrupts workflows. Enterprise-level uptime and redundancy are essential.

Seamless Software Compatibility
Compatibility with leading screening platforms, including tazworks integration and delve integrations, ensures smooth deployment without extensive custom development.

Audit Trail & Documentation
Comprehensive logging supports compliance reviews and dispute investigations.

Selecting the right API partner impacts not only speed, but risk exposure and long-term scalability.

How Eagle Eye’s API Integration Enhances the Hiring Process

Eagle Eye Screening Solutions provides a high-performance background screening API designed specifically for CRAs and screening providers requiring reliable, real-time access to court data.

Our background check API integration delivers:

Automated real-time search initiation
Direct access to county-level court records
Structured, standardized result formatting
Reduced latency between order submission and data retrieval
Consistent workflows across high-volume transactions

By sourcing information directly from courts rather than relying on static or outdated aggregated databases, Eagle Eye helps ensure that the data flowing through your API-based screening solution is current and accurate.

For CRAs, this means fewer discrepancies, fewer disputes, and improved client confidence.

Automation does not eliminate compliance obligations. It strengthens them by improving traceability, accuracy, and documentation across every transaction.

Integration Partners & Compatibility

Eagle Eye Screening Solutions integrates with leading industry platforms to support seamless workflow adoption, including:

Tazworks integration
AccioData
Digital Delve, including robust delve integrations
Deverus
MeridianLink

These integrations allow CRAs to incorporate Eagle Eye’s research capabilities directly into their existing case management systems without disrupting established processes.

The result is a unified screening environment where orders, updates, and results move fluidly between systems through a secure background check API integration.

Get Started with Eagle Eye’s Background Check API

For CRAs and high-volume screening providers, a modern background screening API is essential to maintaining speed, accuracy, and operational control.

Eagle Eye Screening Solutions delivers an enterprise-ready, API-based screening solution built to support automated court research, scalable workflows, and reliable data transmission.

If your organization is evaluating a background check API integration or seeking enhanced Tazworks integration and Delve integrations, our team can provide technical documentation, onboarding guidance, and integration support tailored to your platform.

Contact Eagle Eye Screening Solutions today to learn how our background check API can enhance your screening operations and deliver fast, accurate, automated data at scale.

Fair Credit Reporting Act (FCRA) Compliance Requirements

Mon, 19 Jan 2026 18:24:03 GMT

For Consumer Reporting Agencies (CRAs) and employers engaged in high-volume hiring, compliance with the Fair Credit Reporting Act (FCRA) is foundational. In today’s regulatory environment, a single procedural misstep, such as using an outdated disclosure form or reporting a dismissed case, can rapidly escalate into a class action lawsuit.

Bulk hiring magnifies risk. One technical error repeated across hundreds or thousands of background checks can result in significant statutory damages, regulatory scrutiny, and reputational harm.

This guide outlines the core FCRA requirements, providing a practical, step-by-step framework for maintaining fair credit reporting act compliance while preserving operational speed.

What Is the Fair Credit Reporting Act (FCRA)?

The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) is a federal law governing how consumer information is collected, shared, and used. While originally enacted to regulate credit reporting, it also applies directly to FCRA background screening conducted for employment purposes.

Under the FCRA, a background check prepared by a third-party CRA is considered a “consumer report.” As a result, both employers and CRAs must follow strict procedural requirements designed to protect consumer rights, including:

Disclosure and authorization requirements
Accuracy obligations
Adverse action procedures
Consumer dispute rights

Failure to meet fair credit reporting act compliance standards may trigger statutory damages of $100 to $1,000 per violation, actual damages, attorneys’ fees, punitive damages, and regulatory enforcement.

FCRA Compliance Requirements for Employers & CRAs

Maintaining compliance is a structured process. Each step builds on the next, and skipping one exposes the entire hiring program to risk.

Establish and Certify Permissible Purpose

Before obtaining a background report, the employer must have a legally permissible purpose, such as evaluating a candidate for employment.

CRAs must:

Obtain certification from the employer confirming permissible purpose
Confirm that FCRA disclosure and authorization requirements will be met
Certify that adverse action procedures will be followed

This certification is not a formality. It is a statutory safeguard embedded in the FCRA compliance checklist.

Provide Standalone Disclosure & Obtain Authorization

One of the most litigated areas of fair credit reporting act compliance involves the disclosure form.

Employers must:

Provide a clear and conspicuous standalone disclosure
Avoid including extraneous language, such as liability waivers
Obtain written authorization from the applicant

Courts have repeatedly ruled that combining disclosures with additional language violates the statute. In high-volume hiring environments, using an outdated or noncompliant form across hundreds of applicants can quickly generate significant exposure.

Ensure Maximum Possible Data Accuracy (The CRA’s Responsibility)

The FCRA requires CRAs to follow reasonable procedures to assure maximum possible accuracy.

For CRAs providing FCRA background screening , this obligation is critical. Reporting outdated, sealed, expunged, or dismissed records can trigger disputes and litigation.

Accuracy challenges commonly arise when:

Data is pulled from outdated databases
Case dispositions are incomplete
Court updates are not reflected in legacy systems

Wholesale court research conducted directly at the source, county-level courts, reduces the likelihood of stale or inaccurate records entering a report. Reliable data sourcing is not just an operational best practice. It is a statutory requirement.

Adhere to the Seven-Year Lookback Rule for Non-Convictions

Under the FCRA, certain non-conviction information, such as arrests not leading to conviction, civil suits, civil judgments, and paid tax liens, generally cannot be reported after seven years, with salary-based exceptions.

Convictions may be reported beyond seven years under federal law, but state laws may impose stricter limitations.

Improperly reporting outdated non-conviction information remains a common source of FCRA claims. Ensuring accurate date tracking and disposition verification is essential to compliance.

Must Follow the Two-Step Adverse Action Process

When an employer intends to take adverse action based on a consumer report, the FCRA mandates a two-step process.

Issue a Pre-Adverse Action Notice

Before making a final decision, the employer must provide:

A pre-adverse action notice
A copy of the consumer report
A copy of the Summary of Your Rights Under the FCRA

This notice allows the applicant to review the report for inaccuracies.

Managing Consumer Rights & Dispute Protocols

Consumers have the right to:

Dispute incomplete or inaccurate information
Receive reinvestigation within statutory timelines, typically 30 days
Be notified of results

CRAs must maintain documented reinvestigation procedures and communicate findings clearly.

From an operational standpoint, dispute management is closely tied to data quality. The cleaner and more current the data at the outset, the lower the dispute volume and the lower the litigation risk.

State & Local Variations to FCRA Requirements

Federal law sets the baseline, but state and local jurisdictions frequently impose additional restrictions, including:

Shorter reporting periods
Salary threshold adjustments
Ban-the-box timing rules
Expanded notice requirements

CRAs and employers must monitor overlapping regulations to ensure comprehensive Fair Credit Reporting Act background check compliance. A federal-only approach is insufficient in today’s legal landscape.

Penalties and Consequences for Non-Compliance with FCRA

FCRA litigation is often class-based. In bulk hiring environments, technical violations can multiply quickly.

Potential consequences include:

Statutory damages of $100 to $1,000 per violation
Actual damages
Punitive damages for willful violations
Attorneys’ fees and costs
Federal Trade Commission or Consumer Financial Protection Bureau enforcement

Even when claims involve purely technical disclosure violations without actual harm, courts have allowed substantial settlements.

Compliance is not merely administrative. It is risk mitigation at scale.

How Eagle Eye Screening Supports Compliance

For CRAs and high-volume screening providers , maintaining an effective FCRA compliance checklist requires both procedural discipline and reliable data sources.

Eagle Eye Screening Solutions supports fair credit reporting act compliance by providing:

Automated real-time search and data extraction from county courts nationwide
Access to fresh, court-sourced information rather than static database records
Wholesale criminal research designed for integration into existing screening workflows
Seamless compatibility with leading screening platforms, including AccioData, Digital Delve, Deverus, and Tazworks/MeridianLink

By delivering current, directly sourced court data, Eagle Eye helps reduce the risk of reporting outdated or inaccurate records, one of the most common triggers for disputes and litigation.

When compliance failures can scale across hundreds or thousands of reports, reliable source data becomes a critical safeguard.

Move Fast While Staying Compliant

FCRA compliance is a step-by-step process designed to protect consumers and shield employers and CRAs from liability. In high-volume environments, precision matters.

Using updated forms, following adverse action procedures, tracking lookback periods, and relying on fresh court data are essential controls.

Eagle Eye Screening Solutions provides the reliable wholesale research foundation that helps your organization move quickly without sacrificing compliance integrity.

Contact Eagle Eye Screening Solutions today to learn how our court-sourced data solutions can strengthen your compliance framework and support scalable, defensible background screening operations.

2026 Background Screening Law Updates: What You Need to Know

Mon, 22 Dec 2025 22:29:22 GMT

As we enter 2026, the background screening landscape continues to evolve under increasing regulatory scrutiny and shifting legal frameworks. For Consumer Reporting Agencies (CRAs), staying ahead of these changes is not just about maintaining compliance; it's about protecting clients, reducing liability, and preserving operational integrity.

This guide outlines key 2026 background screening law updates, highlighting enforcement trends, major policy shifts, and what CRAs must do to adapt. From new fair chance hiring laws to expanding clean slate initiatives, and from tighter data privacy obligations to increased oversight of screening technology, CRAs face heightened responsibilities. Eagle Eye Screening Solutions is here to help you navigate this complexity with clarity and confidence.

Federal Oversight and Enforcement: What’s Changing in 2026?

In 2026, background screening continues to face more aggressive oversight from the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB). Both agencies are increasing enforcement around:

FCRA violations
Inaccurate or outdated data
Improper use of AI and automation in reporting
Failure to meet adverse action and disclosure requirements

The FTC has renewed focus on technical accuracy in consumer reports, scrutinizing whether data was sourced reliably, matched properly, and delivered with reasonable procedures in place. The CFPB is issuing guidance targeting algorithmic bias in automated screening platforms and lack of transparency in report generation.

For CRAs, this means tighter auditing of your data sources, automation systems, and vendor networks, including wholesale data suppliers. CRAs must ensure each element of their background screening pipeline, from retrieval to report, stands up to compliance review.

Fair Chance and Clean Slate Laws Continue to Expand

Fair Chance and Clean Slate Laws Continue to Expand

State and local fair chance laws and clean slate legislation are expanding across the country, with significant new updates taking effect in 2026.

Notable State Examples:

New York: Under the Clean Slate Act (effective late 2024 but operationally enforced in 2026), many criminal records are automatically sealed after a defined period. CRAs must verify whether records are eligible for reporting.
California: New fair hiring provisions bar consideration of certain non-conviction records and expand employer responsibilities for individualized assessments.
Illinois and Minnesota: Expanded ban-the-box legislation adds procedural steps for employers, increasing dependency on CRAs to ensure the timing and scope of reports are appropriate.

Operational Impact for CRAs:

These laws demand a more nuanced, jurisdiction-specific approach to criminal record reporting. Wholesale data must be evaluated with eligibility criteria in mind, requiring up-to-date rulesets and clearer audit trails. CRAs must train staff to recognize sealed records and implement systems to prevent prohibited disclosures, especially for records that become ineligible mid-process.

Data Accuracy and Record Eligibility Under Greater Scrutiny

The core of FCRA compliance remains unchanged: CRAs must follow reasonable procedures to assure maximum possible accuracy. However, 2026 brings stricter expectations around what "reasonable" means.

Key focus areas include:

Identity matching: Reports must confirm record identity using multiple data points such as full name, date of birth, address, and Social Security number when applicable.
Disposition completeness: Reporting arrest records without a corresponding disposition, where prohibited, can trigger compliance violations.
Stale data reporting: States are imposing tighter timelines on how long criminal records can be used in employment decisions, often aligning with clean slate reforms.

At Eagle Eye Screening, we help CRAs maintain compliance by sourcing data directly from county-level courts, ensuring real-time access and disposition completeness. Our automated extraction tools reduce human error, and our compliance filters flag records that may not be eligible for reporting under state law.

Privacy and Consent: Evolving Responsibilities

2026 also brings new challenges on the data privacy front. States such as California, Colorado, and Virginia are enhancing enforcement of consumer data rights, which directly affect how CRAs collect, store, and share public record data.

Emerging obligations include:

Data minimization: Only collecting what is necessary for a specific, lawful purpose.

Access logs and auditability: CRAs must document every data access point and maintain disclosure logs.

Expanded consumer rights: Applicants now have greater ability to request corrections, limit use, or opt out of data processing in certain states.

CRAs must reexamine their data governance frameworks to ensure alignment with both state privacy laws and FCRA mandates. Eagle Eye Screening supports this by providing fully traceable data delivery and secure handling of all retrieved public records.

Technology Oversight and Automated Screening Systems

As more CRAs adopt automated decision-making systems and AI-based adjudication tools, regulators are increasingly focused on the transparency and accountability of technology used in background checks.

In 2026, regulators are expected to:

Review CRA use of scoring or risk modeling tools
Demand explanations for how automation impacts decisions
Audit AI algorithms for discriminatory bias

CRAs must ensure that all tools used in screening, especially third-party adjudication platforms, are tested for fairness and meet explainability requirements. This includes documenting how automated tools weigh various data points and offering applicants meaningful avenues for recourse.

At Eagle Eye Screening, we provide structured, court-sourced criminal record data that can be reliably parsed by AI tools while maintaining compliance with state and federal guidelines.

Practical Compliance Recommendations for CRAs in 2026

To remain compliant and competitive in 2026, CRAs should:

Audit Data Sources Regularly

Confirm that all vendors, including public record suppliers, meet your compliance and accuracy standards.

Update Jurisdictional Rulesets

Track sealing, expungement, and clean slate laws in each jurisdiction served and adjust workflows accordingly.

Enhance Record Matching Procedures

Use multi-factor matching logic to avoid false positives and support accuracy claims during audits.

Document Every Step of the Screening Process

Maintain logs of data access, report generation, and applicant communication to support FCRA and privacy law compliance.

Review Automated Systems and AI Use

Ensure transparency in decision-making tools and document how data inputs are weighed in employment decisions.

Educate Clients on Fair Chance Compliance

Help your clients understand when background checks can legally be conducted and how to handle adverse actions properly.

Partner with Eagle Eye Screening for Trusted Compliance Support

At Eagle Eye Screening Solutions, we understand that 2026 brings complex new challenges for CRAs. It also brings opportunities to build stronger, more compliant screening programs. Our wholesale public records retrieval services are built for precision, speed, and legal defensibility.

By combining automated data extraction, court-level accuracy, and jurisdiction-specific compliance filters, we help CRAs deliver reliable, compliant results in an ever-evolving regulatory environment.

Need help navigating the 2026 background screening law updates?

Contact Eagle Eye Screening today to learn how we can strengthen your compliance strategy and streamline your operations.

Background Screening Trends to Watch in 2026

Mon, 15 Dec 2025 19:58:44 GMT

As we move into 2026, the background screening industry continues to evolve at a rapid pace. From the integration of advanced technologies to shifting compliance expectations and an increasingly global workforce, the way organizations approach employment background checks is transforming. Understanding the latest background screening trends is crucial for Consumer Reporting Agencies (CRAs), HR professionals, and business leaders who must navigate a complex and competitive hiring landscape.

In this blog, we’ll explore the trends that defined 2025 and examine the emerging employment screening trends that will shape the industry in 2026.

Key Background Screening Trends That Shaped 2025

Last year brought considerable changes to how organizations perform background checks, driven by both innovation and regulatory pressures. Several key themes emerged:

Increased automation in court record retrieval and verifications
Tighter privacy laws impacting what data can be reported and how
Growing demand for continuous workforce monitoring
Wider adoption of digital identity verification tools

These developments created a foundation for what’s next. In 2026, we expect these themes to mature and expand, with a sharper focus on security, scalability, and compliance.

Growth in AI and Automation Across the Screening Landscape

AI played a pivotal role in reshaping background screening in 2025, and that momentum will continue into 2026. CRAs and background screening providers are increasingly relying on AI-driven tools for:

Criminal record retrieval and filtering
Employment and education verifications
Reference checking automation

As the technology becomes more refined, AI is reducing turnaround times and improving data accuracy. However, the industry must also address concerns around algorithmic bias, data quality, and required human oversight, especially in regulated sectors.

Rising Adoption of Digital Identity Verification Tools

Digital identity verification has become a standard component of modern background checks, especially in remote and hybrid hiring environments . In 2025, we saw a sharp increase in the use of biometric authentication, document scanning, and database cross-referencing to confirm applicant identities.

In 2026, expect further adoption of biometric-driven identity validation, combined with blockchain-backed credentials that ensure authenticity and prevent tampering. These advancements not only improve security but also streamline onboarding processes for employers.

Increased Interest in Continuous Workforce Monitoring

The need for real-time insight into workforce behavior has accelerated, especially in sensitive or regulated industries. In 2025, organizations began expanding screening efforts beyond the point of hire.

In 2026, we’ll see continuous monitoring become a core service offering. Employers are increasingly:

Monitoring criminal activity post-hire
Tracking credential validity (e.g., licenses, certifications)
Screening vendors , contractors, and gig workers

This proactive approach helps mitigate risk, maintain compliance, and protect workplace safety in an evolving employment landscape.

Heightened Attention on Compliance and Data Privacy

With the rise of AI, automation, and expanded data access, regulators are sharpening their focus on consumer rights and information security. In 2025, compliance became a top priority, and that emphasis will only grow in 2026.

CRAs and employers must stay vigilant with:

State-level background screening laws
New FCRA interpretations
GDPR-style data regulations influencing U.S. policy
Changes in drug testing rules, especially around marijuana

The growing demand for transparency and data protection will require tighter internal controls, updated disclosures, and clear applicant communication.

Emerging Trends That Will Influence Background Screening in 2026

Looking forward, a new wave of employment screening trends will shape how organizations evaluate candidates and monitor their workforce. Technology will play a larger role, and compliance will remain a core focus.

Technology and Automation Advance Screening Capabilities

In 2026, technology continues to redefine the scope and speed of background screening.

AI Risk Assessment

Artificial intelligence is increasingly used to assess candidate profiles for risk signals—particularly in criminal history, resume discrepancies, and even behavioral indicators. However, these tools must be applied carefully to avoid bias and meet emerging “AI fairness” regulations.

Automated Verifications and Reference Checks

Manual verifications are time-consuming and prone to error. Expect increased use of automated employment and education verifications, as well as AI-powered reference checks that can analyze sentiment and language patterns for deeper insights.

Blockchain Potential for Secure Data

Blockchain is emerging as a potential solution for securely storing and sharing verified identity and credential data. Though still in its early adoption phase, its use in background checks could streamline verification and increase data authenticity.

Biometric-Driven Identity Validation

Biometrics—such as facial recognition and fingerprint matching—will become more common in identity validation processes. These tools improve fraud detection but must be implemented in compliance with state and federal biometric privacy law s.

Cloud-Based Screening Plat forms

Cloud-native platforms continue to gain traction for their flexibility, scalability, and integration capabilities. These solutions allow CRAs and employers to centralize workflows, reduce downtime, and enhance data security.

Workforce Monitoring Expands Beyond Traditional Hiring

Background screening is no longer a one-time process. In 2026, workforce monitoring expands in both scope and purpose.

Continuous Criminal and Credential Monitoring

Ongoing monitoring solutions will become standard in industries where risk exposure is high. These tools can flag criminal charges, license suspensions, or certification expirations in real time—allowing employers to take timely action.

Screening Current Employees, Contractors, and Vendors

The gig economy and hybrid work models have increased the need to screen beyond just new hires. More companies will vet and monitor third-party vendors, freelancers, and internal staff to maintain compliance and reduce liability.

Growing Importance for Remote and Hybrid Environments

As remote work becomes permanent for many roles, the ability to validate identity, credentials, and location will be critical. Screening strategies will adapt to accommodate distributed teams and international hires.

Screening Practices Adapt to a Global, Digital Workforce

Hiring is increasingly borderless . In 2026, more organizations will implement global screening programs to meet cross-border employment needs.

International background checks with multilingual support and region-specific compliance
Holistic screening approaches combining criminal, employment, identity, and behavioral insights
AI-assisted social media screening, used cautiously and with clear compliance protocols
Digital identity verification as a standard part of pre-employment and onboarding processes

These shifts reflect the need for screening practices that are agile, scalable, and globally compliant.

Compliance, Privacy, and Legal Standards Tighten Across Industries

Legislation around background screening continues to evolve rapidly:

State and local laws governing what can be reported, when, and how
Shifts in drug screening policies, particularly around cannabis legalization
AI fairness frameworks, requiring transparency and human decision-making
Cybersecurity expectations, mandating better protection of applicant data

CRAs and employers must monitor these changes closely and partner with data providers who prioritize compliance and accuracy.

Preparing for What’s Ahead for the Screening Industry

The background screening trends heading into 2026 highlight a future shaped by intelligent automation, real-time risk monitoring, and evolving legal frameworks. As hiring becomes more global and digital, the role of accurate, compliant, and timely screening will only grow.

At Eagle Eye Screening Solutions, we remain at the forefront of these changes—providing CRAs and background screening firms with real-time, court-sourced public records data, automation tools, and FCRA-compliant solutions that support your growth in 2026 and beyond.

Need a reliable wholesale data partner for your screening platform? Contact us to learn how we can help you stay ahead in a rapidly changing screening landscape.

Reduce Hiring Risk with Automated Background Checks

Wed, 22 Oct 2025 19:00:34 GMT

Hiring the wrong candidate can be financially, legally, and culturally costly. Whether you’re a fast-growing organization or a seasoned Consumer Reporting Agency (CRA), one thing is certain: you need reliable, timely information to make informed hiring decisions. That’s where automated background checks come in.

At Eagle Eye Screening Solutions, we help organizations reduce risk, stay compliant, and speed up the background check process through advanced automation and direct-source data retrieval. This blog will walk you through how automation works, why it matters, and how your organization can benefit by partnering with a trusted technology-forward screening provider.

What Are Automated Background Checks?

Automated background checks leverage technology and direct data integrations to gather, verify, and deliver candidate information without manual intervention. This includes everything from identity verification to real-time criminal court searches pulled directly from public records.

The result is faster turnaround times, higher accuracy, and reduced compliance risk, all without sacrificing data quality.

How Background Check Automation Works

Behind the scenes, automation connects to court systems, government databases, and third-party repositories to retrieve up-to-date information. Platforms like Eagle Eye’s automated court record searches offer real-time retrieval, eliminating the delays common with manual processes.

When integrated with your screening platform using our background check API integrations, you gain seamless, scalable access to accurate records across thousands of jurisdictions.

The Benefits of Automated Background Checks for Employers

Speed Up the Hiring Process

Manual background checks can take days or even weeks. With automation, results are available within hours or minutes, allowing you to move candidates through your hiring pipeline faster and reduce the risk of losing top talent to competitors.

Reduce Hiring Risk with Greater Accuracy

Automation removes the margin for human error and ensures court-verified, up-to-date data. When evaluating criminal history, even small errors can have legal and reputational consequences. Automated processes standardize data collection, reducing discrepancies and improving reliability.

Improve Compliance and Data Security

Hiring practices are subject to strict regulatory standards, including the Fair Credit Reporting Act (FCRA) and state-specific laws like California’s background check regulations . Automated systems are designed with compliance in mind, applying filters, flagging discrepancies, and ensuring personal data is handled securely at every stage.

Scale Your Screening Efforts with Ease

Growing companies and CRAs need screening solutions that scale. With automation, you can handle increased volume without increasing overhead, supporting high-volume hiring and large-scale background screening efforts across multiple locations.

Lower Operational Costs Over Time

While there may be an upfront investment in automation, the long-term payoff is significant. Less time spent on manual entry, data verification, and error correction means lower labor costs and more predictable operations.

Enhance the Experience for Job Applicants

Job seekers are more likely to trust and accept offers from companies that communicate transparently and move quickly. Automated background checks reduce waiting periods, avoid redundant requests for information, and improve the overall candidate experience.

Incorporating Automation into Your Hiring Process

Transitioning to automated background checks doesn’t require a complete overhaul of your existing processes. Eagle Eye Screening integrates directly with leading platforms like AccioData, TazWorks, Deverus, and Digital Delve, ensuring minimal disruption and maximum efficiency.

We recommend starting with high-volume or time-sensitive positions and expanding automation to other roles as your team becomes familiar with the process. Our experts guide you through best practices, risk mitigation, and integration planning.

Eagle Eye Screening Solutions’ Automated Court Record Searches

Our automated court record search services are built on real-time access to court data across thousands of jurisdictions. Unlike outdated batch systems or third-party aggregators, we connect directly to the source, delivering:

Faster turnaround times
Accurate, court-verified information
FCRA-compliant results
Seamless delivery through API integrations

We also provide coverage across a wide range of counties, states, and court levels. Explore our coverage area to see how we can support your screening footprint.

Why Businesses Trust Eagle Eye Screening Solutions

At Eagle Eye, we understand that our clients rely on us not just for data but for data they can trust. Our team consists of industry experts, compliance professionals, and technology leaders committed to helping you build better hiring workflows.

Here’s why clients choose Eagle Eye:

Real-time criminal record access
Nationwide coverage with jurisdictional expertise
Compliance-driven processes tailored to your needs
Secure data handling and strict privacy controls
Transparent, responsive support

Learn more about who we are and why leading CRAs and employers partner with us long-term.

Build a Safer, Smarter Hiring Process

In today’s hiring landscape, risk mitigation, compliance, and speed are non-negotiable. Automated background checks empower your team to move faster, hire smarter, and make decisions based on verified, real-time data.

Whether you're a background screening provider or an employer hiring at scale, Eagle Eye Screening Solutions is ready to support your goals with cutting-edge technology and a commitment to service.

Start automating your background check process today. Contact us to schedule a consultation or request a live demo.

CRA Background Checks: Guide to FCRA-Compliant Screening

Wed, 24 Sep 2025 13:44:57 GMT

In a rapidly evolving regulatory landscape, CRAs can’t afford to treat compliance as an afterthought. They need a partner who understands the stakes, delivers accuracy, and builds trust through data integrity.

— Eagle Eye Screening Solutions

In today’s complex hiring landscape, Consumer Reporting Agencies (CRAs) face growing pressure to deliver accurate, timely, and compliant background checks . But behind every report lies a complicated web of legal responsibilities, federal and state regulations, and data accuracy demands that continue to evolve.

At Eagle Eye Screening Solutions , we believe CRAs deserve a clear roadmap to navigate this environment. This guide explores how CRAs can ensure FCRA-compliant screening, avoid costly missteps, and build a stronger foundation for trust with their clients.

The CRA’s Responsibilities in Background Checks

CRAs are tasked with more than just collecting data. They serve as critical partners in the hiring process, supplying employers with consumer reports that influence life-changing decisions. Because of this, CRAs must operate with a high degree of legal awareness, accuracy, and ethical responsibility.

The Fair Credit Reporting Act (FCRA) is the foundational regulation governing how CRAs collect and report consumer information. It requires CRAs to implement procedures that ensure maximum possible accuracy, to obtain proper authorization from consumers, and to provide fair and transparent dispute processes.

In addition to federal obligations, CRAs must also adjust their practices to align with local and state-specific background check laws. A strong understanding of both sets of requirements is essential to protect clients and maintain long-term trust.

What to Know About FCRA Compliance

The FCRA is a consumer protection law that governs how personal information is gathered, reported, and used in employment decisions. For CRAs, this means:

Ensuring the accuracy and relevance of information in every report
Verifying data from reliable and current public sources
Providing a clear consumer dispute process
Supporting employers with compliant disclosure and authorization forms
Enabling proper adverse action notices when necessary

CRAs that fail to follow these regulations can face regulatory scrutiny, litigation, and reputational damage. Class-action lawsuits tied to FCRA violations have become increasingly common in recent years, reinforcing the need for a detailed and consistent compliance process.

State-Specific Requirements

Beyond federal law, each state can introduce its own legal requirements for background checks. These may include:

Reporting limitations, such as California’s rules around non-conviction records
Ban-the-box laws, which restrict when background checks can be conducted
Licensing requirements, as seen in states like New York
Restrictions on reporting timeframes, often limiting how long certain records can be included in reports

Keeping up with state-specific changes requires constant vigilance. CRAs must monitor updates, revise internal policies, and educate their clients about legal shifts that may impact hiring decisions.

Key Components of FCRA-Compliant Screening

Compliance is not achieved through a single action. It requires a comprehensive, well-documented process that ensures every consumer report meets federal and state guidelines. Below are the core components CRAs must get right.

Accurate Data Collection & Reporting

The foundation of every compliant report is accuracy. The FCRA requires CRAs to follow “reasonable procedures” to ensure maximum possible accuracy. This includes:

Collecting real-time data directly from court sources
Avoiding outdated or second-hand data providers
Verifying identifiers and matching logic
Regularly auditing retrieval sources and processes

CRAs that rely on unreliable data sources or outdated manual retrievals face a higher risk of inaccuracies and consumer disputes. Working with a wholesale provider like Eagle Eye ensures direct access to up-to-date records across the country.

Consumer Disclosure & Authorization

Before conducting a background check, employers must provide the applicant with a clear disclosure and obtain written authorization. As a CRA, you must guide your clients in providing:

A standalone disclosure document, free of legal jargon or unnecessary text
A separate written authorization, typically included as a checkbox or signature form

Failure to comply with these simple but strict rules has resulted in costly lawsuits across the screening industry. CRAs must ensure their systems support clear, compliant disclosure workflows for all employer clients.

Adverse Action Procedures

When background check results lead an employer to deny employment or take another adverse action, the FCRA mandates a two-step process:

Pre-Adverse Action Notice: This includes a copy of the report, the applicant’s rights under the FCRA, and a chance to dispute the information.
Final Adverse Action Notice: After a reasonable waiting period, the employer must send a final notice if they decide not to hire the candidate.

CRAs play an important role by ensuring that employers understand their responsibilities, and by providing accurate reports that minimize disputes or delays.

Common Challenges CRAs Face in Background Checks

The background screening industry is fast-moving, high-stakes, and increasingly complex. CRAs must contend with:

Delays from courts with outdated or limited digital access
High volumes of consumer disputes due to poor data quality
Conflicting state and federal reporting rules
Legal risks stemming from incorrect disclosure forms
Turnaround time pressures from employers expecting instant results

These challenges make it difficult for CRAs to scale efficiently or remain compliant without strong infrastructure and trusted partnerships.

Why CRAs Need Strong Wholesale Partners

Behind every CRA is a network of data providers and researchers. Without dependable partners, even the most well-intentioned CRAs can struggle to maintain compliance.

Eagle Eye Screening Solutions exists to solve that problem. We support CRAs with:

Automated real-time court record retrieval from thousands of jurisdictions
Nationwide coverage with scalable turnaround times
Legal expertise built into our retrieval and reporting logic
Custom integrations with leading CRA software providers like AccioData, TazWorks, and Digital Delve
A team of experienced researchers who understand the compliance landscape

We don’t just supply data. We help you protect your reputation, reduce disputes, and ensure your clients stay compliant.

Gain Compliance Confidence with Eagle Eye

At Eagle Eye Screening Solutions, our mission is to help CRAs stay confident and compliant in a rapidly shifting legal environment. Whether you’re managing 100 background checks a month or 100,000, we deliver the speed, accuracy, and compliance you need to succeed.

We believe that FCRA compliance is not just a legal requirement. It’s a competitive advantage.

If you're ready to scale your operations without sacrificing trust, we’re here to help .

Best Practices for Running Employment Background Checks

Wed, 20 Aug 2025 17:40:35 GMT

In today’s fast paced hiring environment, making confident and informed decisions is more critical than ever. Employment background checks help ensure that your candidates meet your standards and align with your company’s safety, trust, and compliance expectations. But with complex regulations, evolving technologies, and diverse candidate backgrounds, conducting background checks the right way requires diligence, expertise, and the right tools.

This guide provides comprehensive best practices for running employment background checks effectively and compliantly, whether you are a Consumer Reporting Agency or an employer aiming to strengthen your workforce screening process.

Why Employment Background Checks Are Important

Employment background checks serve as a cornerstone of responsible hiring. They help organizations

Verify the integrity of candidate supplied information
Identify potential risks or liabilities
Maintain compliance with industry specific regulations
Protect company assets and reputation
Create a safer workplace for employees and customers

A well run background screening program minimizes legal exposure while promoting a culture of transparency and accountability. For Consumer Reporting Agencies, providing clients with high quality verified public record data builds trust and improves client retention.

How to Conduct Employment Background Checks Effectively

Effective employment background checks require more than just a database search. They involve thoughtful planning, compliance awareness, and access to high quality public records .

Types of Background Checks

Not all background checks are the same. The type of screening selected should align with the job's responsibilities, industry regulations, and the organization’s internal risk management standards. Common types include

Criminal background checks to identify felony or misdemeanor convictions
Employment and education verification to validate resume claims
Credit reports for roles involving financial responsibility
Motor vehicle records for positions involving driving
Professional license verification for regulated industries
Drug testing where permitted or required

Choosing the appropriate checks ensures a more targeted and legally defensible screening process.

When to Run Background Checks

Timing is critical. Background checks are typically conducted after a conditional job offer has been extended. This approach complies with the Fair Credit Reporting Act and many Ban the Box laws that restrict inquiries into criminal history early in the hiring process.

However, in certain sectors like healthcare, finance, and transportation, continuous or periodic rescreening is also a best practice. This helps ensure ongoing compliance, especially for roles with access to sensitive data or vulnerable populations .

For current employees, always provide notice and obtain consent before running additional checks, as required under the Fair Credit Reporting Act.

Staying Compliant with Federal and State Laws

Compliance is foundational to any background check program. Federal laws like the Fair Credit Reporting Act and guidance from the Equal Employment Opportunity Commission establish key rules regarding consent, adverse action, and nondiscriminatory use of information.

In addition, state and local laws may place limits on

Reporting of certain criminal convictions
Use of credit history in employment decisions
Marijuana-related offenses, especially in legalized states
The time frame for how far back certain records can be reported

For instance, California Senate Bill 809 restricts the reporting of certain convictions and mandates individualized assessments before denial based on criminal history.

Working with a knowledgeable screening partner like Eagle Eye Screening Solutions helps you stay informed and compliant across all jurisdictions.

What an Employment Background Check Can Reveal

Criminal History

One of the most requested checks, criminal background searches may include

Felony and misdemeanor convictions
Arrest records where permissible
Pending cases
Warrants
Sex offender registry status

Accessing real time court data available through Eagle Eye Screening’s wholesale public record retrieval ensures this information is accurate and legally reportable.

Employment and Education Verification

Verification services confirm the accuracy of a candidate’s resume

Past employers and job titles
Dates of employment
Educational degrees, institutions, and graduation dates

Verifying this information helps detect fraud and confirms that candidates meet role qualifications.

Credit and Financial History

Credit checks are commonly used for positions involving financial decision making or fiduciary duties. These checks can uncover

Credit score and payment history
Bankruptcies and liens
Collections and charge offs

Keep in mind that many states restrict when and how credit reports can be used in hiring decisions.

Driving Records and Professional Licenses

For roles involving driving such as delivery, trucking, or field services, checking motor vehicle records is essential. These records reveal

License status
Traffic violations
Driving under the influence or suspensions

Professional license checks confirm the validity of required certifications such as nursing licenses, legal credentials, or real estate permits.

Best Practices for Running Multiple Background Checks Regularly

Ongoing monitoring is increasingly becoming a best practice in many industries. To streamline this process and reduce risk, consider the following operational best practices

Standardize Your Screening Process

Develop and document a consistent screening policy that aligns with your organization’s risk tolerance and compliance requirements. This policy should

Define screening criteria by job role
Establish adjudication guidelines
Outline the process for adverse action, disputes, and reevaluation

This standardization ensures fairness and defensibility in hiring decisions.

Use Automation and Alerts Where Possible

Integrate your background screening process with platforms such as AccioData, Digital Delve, TazWorks, or Deverus to automate routine tasks like

Candidate communication
Consent collection
Status updates
Result delivery

With Eagle Eye Screening’s real time automation tools, you can also set alerts for recurring checks or license renewals, saving time and reducing human error.

Maintain Confidentiality and Data Security

Background check data is sensitive and protected under data privacy laws. Implement strong data security measures such as

Role based access controls
Encrypted data storage and transmission
Regular audits of data access and use

Ensure third party vendors and data processors are also compliant with Fair Credit Reporting Act, General Data Protection Regulation if applicable, and any relevant state regulations.

Keep Records Organized and Up to Date

Efficient recordkeeping ensures that your organization can respond quickly to

Disputes or correction requests
Internal audits
Regulator inquiries

Implement digital file systems that categorize and track completed background checks, consent forms, and adverse action notices in a compliant and easily searchable format.

Review and Refine Your Process Regularly

Your background screening strategy should evolve with changes in

Laws and regulations
Industry standards
Job market dynamics
Candidate behavior

Schedule annual reviews of your policies and procedures, incorporating insights from compliance officers, hiring managers, and legal advisors.

Choosing a Trusted Background Screening Partner

If you are a Consumer Reporting Agency or an employer managing your own screening process, your choice of background screening partner significantly affects the quality, speed, and compliance of your checks.

Look for providers that offer

Wholesale public records access with real time court data
High accuracy and low turnaround times
Technology integration with your existing platforms such as AccioData, TazWorks, and others
Responsive customer support and compliance expertise

At Eagle Eye Screening Solutions, we deliver accurate and actionable data from trusted sources nationwide. Our platform connects you to automated county court searches, and our team of industry experts ensures every report meets legal and operational standards.

Ready to Improve Your Employment Background Screening?

Eagle Eye Screening Solutions is your trusted partner for wholesale public record retrieval. Whether you are a Consumer Reporting Agency or a business looking to enhance your screening process, we provide fast, reliable, and compliant background check data tailored to your needs.

Key Changes to the Washington Fair Chance Act Employers Should Know

Mon, 04 Aug 2025 18:57:34 GMT

Washington’s Fair Chance Act has shaped how employers handle criminal history during the hiring process. Now, with new changes on the horizon, it is more important than ever for HR teams, hiring managers, and business owners to understand their responsibilities. These updates introduce stricter rules around job ads, application procedures, and how criminal records can be used in hiring decisions.

Understanding the Current Washington Fair Chance Act

The Fair Chance Act (FCA), enacted in 2018, was designed to give individuals with criminal records a better opportunity to compete for jobs. Often referred to as a “ban-the-box” law, it restricts when and how employers can ask about or consider an applicant’s criminal history.

Under the current law, most public and private employers in Washington are prohibited from:

Asking about arrests or convictions on initial job applications
Automatically disqualifying candidates based solely on criminal records
Advertising jobs in a way that discourages people with records from applying

The goal is to ensure that applicants are first evaluated based on their qualifications rather than past offenses.

What’s Changing: Expanded Restrictions and New Requirements

Washington is expanding the Fair Chance Act with several important updates. These changes are designed to strengthen protections for job seekers and increase accountability for employers.

Expanded Prohibitions on Covered Employers

Asking About Criminal History Too Early

Employers will no longer be allowed to ask about criminal history before completing an initial interview. If there is no interview, the employer must wait until after a conditional offer of employment has been made. This is a shift from previous rules and requires a review of application forms and screening procedures.

Restrictions on Advertising and Job Postings

The new law prohibits employers from using language in job ads or descriptions that discourages people with criminal records from applying. This includes phrases like “must have a clean record” or “no felons.” Even indirect discouragement can be considered a violation under the revised law.

Changes to the Application and Hiring Process

When Criminal History Can Be Considered

Criminal background checks or questions about criminal history must wait until after an initial interview or, if no interview takes place, after a conditional job offer is made. This ensures that all applicants are fairly considered based on merit before their criminal history becomes a factor.

Requirement for a “Legitimate Business Reason”

If an employer decides not to hire someone because of a criminal record, they must show a legitimate business reason for that decision. This means evaluating factors like:

The nature of the offense
How long ago it occurred
Whether it relates to the job duties
Evidence of rehabilitation

Blanket policies or automatic disqualifications will not meet this standard. Employers need to document how the offense is directly related to the role.

New Obligations Around Adverse Hiring Decisions

Pre-Adverse Action Requirements

Before taking any adverse action based on a criminal background check, employers must:

Share the background check report with the applicant
Provide a written explanation of the possible disqualification
Give the applicant a reasonable opportunity (usually five business days) to respond or offer more information

This aligns with existing Fair Credit Reporting Act (FCRA) requirements but adds more focus on transparency and fairness.

Post-Adverse Action Requirements

If the employer decides to move forward with the adverse action, they must issue a final written notice. This must include:

The specific criminal history that led to the decision
How it relates to the job
Information on how the applicant can file a complaint with the Washington State Human Rights Commission

These steps are designed to make the process more transparent and give applicants a clear path for recourse if they feel the decision was unfair.

Increased Penalties and Enforcement

Washington is giving more power to the Human Rights Commission to enforce the updated law. Penalties for violations will increase and may include:

Civil fines starting at $750 for first-time violations
Larger penalties for repeated offenses
Mandatory policy updates or training for non-compliant employers

This signals that the state is taking fair chance hiring seriously and will be monitoring compliance closely.

Are Any Employers or Positions Exempt?

Some roles and industries remain exempt from the Fair Chance Act, including:

Jobs where federal or state laws require criminal background checks
Law enforcement positions
Roles with unsupervised access to children, vulnerable adults, or sensitive financial data
Positions regulated by federal transportation or banking laws

However, exemptions are narrow, and employers should not assume their position qualifies without reviewing the law carefully or seeking legal guidance.

Practical Steps for Washington Employers to Stay Compliant

Here are some clear steps to help your organization stay compliant and avoid costly mistakes.Update job postings and application forms

Remove any language that suggests applicants with criminal records are not welcome.

(1) Train your HR and hiring teams

Make sure everyone involved in the hiring process understands when they can and cannot ask about criminal history.

(2) Delay background checks until the appropriate time

Wait until after an initial interview or conditional offer to begin the background screening process.

(3) Use a documented individualized assessment

Evaluate each case on its own merits and keep written records explaining any hiring decisions related to criminal history.

(4) Ensure your pre- and post-adverse action notices meet both FCRA and Washington requirements

Work with your background screening provider to review your process and stay current with changing rules.

Eagle Eye Screening Solutions is here to help Washington employers and HR teams navigate these changes with confidence. Our team provides wholesale public records and real-time court data that align with the latest legal requirements.

Have questions or need help adjusting your hiring workflow?

Contact Eagle Eye Screening Solutions today for expert support and background check solutions built for compliance.

Montana Consumer Data Privacy Act

Wed, 30 Apr 2025 13:42:21 GMT

Montana Consumer Data Privacy Act: What Background Screeners Need to Know

On May 19, 2023, Montana became the latest state to enact a comprehensive privacy law with the signing of the Montana Consumer Data Privacy Act (MCDPA). Taking effect on October 1, 2024, this landmark legislation reflects a growing national trend toward enhancing consumer data protections—and poses significant compliance obligations for businesses handling personal data, particularly consumer reporting agencies (CRAs) and background screening providers.

At Eagle Eye Screening Solutions, we know that navigating new privacy regulations can be complex. Our systems and services are built to align with legal compliance, real-time data integrity, and operational precision. In this guide, we’ll break down the MCDPA’s key provisions, explore its implications for public records retrieval, and explain how CRAs can prepare for compliance.

Understanding the Montana Consumer Data Privacy Act

The Montana Consumer Data Privacy Act is modeled closely after similar legislation enacted in Virginia (VCDPA), Colorado (CPA), and Connecticut (CTDPA). These state-level data privacy laws aim to give consumers more control over how their personal information is collected, processed, shared, and sold.

Montana's law applies specifically to for-profit businesses that meet either of the following thresholds:

Control or process the personal data of at least 50,000 Montana residents annually, excluding data collected solely for payment transactions
Derive more than 25% of gross revenue from the sale of personal data and process the data of at least 25,000 residents.

These applicability standards are relatively consistent with other state laws but tailored to Montana’s demographic and commercial landscape.

Importantly, the MCDPA defines “sale” of personal data broadly—as the exchange of data for monetary or other valuable consideration to a third party. This means even indirect monetization strategies could trigger obligations under the Act.

Key Provisions of the Montana Data Privacy Law

Montana's law places a dual responsibility on data controllers (those who determine the purpose and means of processing personal data) and data processors (those who handle data on behalf of controllers). CRAs and background screening vendors often act in both roles, depending on the specific nature of the service.

1. Consumer Rights

Montana residents will gain several new rights under the MCDPA, including the right to:

Access personal data held about them
Correct inaccuracies in their data
Delete personal data
Obtain a copy of their data in a portable and usable format
Opt out of:
The sale of personal data
Targeted advertising
Profiling that produces significant legal or similar effects

For CRAs, these rights necessitate robust data access and modification workflows. Consumers must be able to submit requests, and businesses must be able to verify identity and respond within 45 days—extendable by an additional 45 days if reasonably necessary.

These consumer rights create direct operational implications for CRAs, especially those processing non-FCRA data for marketing, analytics, or lead generation.

2. Responsibilities for Data Controllers

Data controllers must comply with a number of obligations, including:

Data minimization: Collect only data that is “adequate, relevant, and reasonably necessary” for the intended purpose.
Purpose limitation: Do not use personal data for a materially different purpose without consent.
Transparency: Provide a clear and accessible privacy notice that describes:
Categories of data processed
Purposes of processing
How consumers can exercise their rights
Whether personal data is sold or used for targeted advertising
Security: Implement reasonable administrative, technical, and physical safeguards to protect personal data.
Contractual controls: Execute Data Processing Agreements (DPAs) with third-party vendors that process data on the controller’s behalf.
Data Protection Assessments (DPAs): Conduct and document assessments for processing activities that present a heightened risk of harm, such as profiling or selling sensitive data.

These requirements are particularly critical for background screeners, who often process large volumes of sensitive public record data and must maintain tight compliance and data governance procedures.

Exemptions Relevant to Background Screeners and CRAs

A key aspect of the MCDPA is the FCRA exemption. Personal data that is collected, maintained, and disseminated solely for purposes governed by the Fair Credit Reporting Act (FCRA) is exempt from the law’s requirements.

This means that:

Most background check data used for employment, housing, or credit purposes—as long as it falls squarely under the FCRA—will not be subject to MCDPA obligations.
However, non-FCRA data activities are not exempt. For example:
Website cookies and analytics
CRM or sales data
Email marketing lists
Operational or HR data unrelated to FCRA purposes

This dual-status means CRAs and screening providers must segregate data flows and apply different compliance frameworks depending on the data type and purpose.

At Eagle Eye, we help our clients clearly define these boundaries and provide guidance on maintaining FCRA-aligned protocols, while identifying and minimizing exposure to non-FCRA obligations.

Impact on Public Records Retrieval and Criminal Research

Although public court records are typically used for FCRA-compliant background screening, the methods used to collect, process, and store this information must still reflect privacy best practices—especially as more states introduce their own consumer privacy frameworks.

Under the Montana law and similar statutes, background screeners should:

Use encryption for the transmission and storage of personally identifiable information (PII)
Minimize unnecessary data retention, particularly where data no longer serves an operational or compliance purpose
Configure automated retrieval tools to exclude irrelevant, outdated, or sealed records
Implement role-based access controls to restrict internal access to sensitive information

At Eagle Eye Screening Solutions, our real-time data extraction systems are purpose-built for public record retrieval with compliance in mind. We ensure that our processes are efficient, accurate, and secure—and that the data returned is filtered to match the legal and operational requirements of our clients.

Preparing for the October 2024 Compliance Deadline

The MCDPA officially goes into effect on October 1, 2024. For CRAs and employers, now is the time to assess current processes, review vendor relationships, and establish clear compliance procedures.

Recommended Next Steps for CRAs and Employers:

Inventory and classify data:
Understand what data is collected and processed
Identify whether it falls under FCRA or non-FCRA use cases
Update privacy policies and notices:
Ensure they align with MCDPA requirements and clearly explain consumer rights
Revise vendor contracts:
Include MCDPA-specific data processing terms and flow-down obligations in all agreements
Implement consumer rights workflows:
Prepare systems to respond to data access, correction, deletion, and portability requests within the required timelines
Train compliance teams:
Educate staff and clients on the distinctions between FCRA-exempt data and data that falls under state privacy laws
Perform Data Protection Assessments (DPAs):
For high-risk activities, develop written assessments that document the necessity and proportionality of data use

At Eagle Eye, we proactively monitor state privacy legislation and incorporate compliance safeguards into our platform and partner ecosystem. Our goal is to help you stay ahead of the curve—so you can focus on delivering accurate, actionable background screening data with confidence.

Conclusion

The Montana Consumer Data Privacy Act is another significant development in the expanding world of U.S. privacy law. While many CRAs will benefit from the law’s FCRA exemption, it’s essential to recognize that not all data activities are excluded. Marketing, analytics, and internal HR data may still trigger obligations under MCDPA.

To navigate this evolving landscape, CRAs and employers need transparent data practices, secure retrieval workflows, and reliable partners who understand the operational challenges of background screening in a regulated environment.

At Eagle Eye Screening Solutions, we’re committed to helping our clients maintain compliance while delivering fast, reliable, and legally sound public record data. If you’re unsure how the MCDPA or other state laws affect your operations, our team is here to help you assess, plan, and move forward confidently.

New Jersey Expungement Laws Guide: What CRAs and Background Screeners Must Know in 2025

Fri, 28 Mar 2025 13:22:25 GMT

New Jersey's expungement laws continue to evolve, reflecting the state’s broader push for criminal justice reform and greater privacy protections. In 2024, new legislative efforts, including Assembly Bill A4151, introduced additional restrictions around disclosing expunged cannabis records—signaling a critical shift in how consumer reporting agencies (CRAs) and background screening providers must operate in the Garden State.

At Eagle Eye Screening Solutions, we provide real-time public record retrieval designed to adapt with the law. Here's what you need to know to remain compliant under New Jersey’s tightening legal framework.

Overview: Expungement in New Jersey

New Jersey allows individuals to clear criminal records through a formal expungement process. The Clean Slate Law, enacted in 2019, provides for automatic expungement of eligible offenses after ten years—provided no new convictions occur during that time.

This law covers most indictable offenses and disorderly persons convictions, though violent crimes and serious offenses are excluded. Importantly, many of these expungements are handled electronically by the state’s court system, eliminating the need for manual petitions in most cases.

Cannabis Records and Assembly Bill A4151

A major development in 2024 was the passage of Assembly Bill A4151 by the New Jersey General Assembly. This legislation aims to:

Bar employers, landlords, and licensing boards from using expunged cannabis records in decision-making.
Restrict public access to these records, even for non-decision-making or informational purposes.
Penalize unauthorized disclosure, including instances caused by outdated or inaccurate data feeds from third-party vendors.

If fully enacted, this law would significantly increase the legal risk for CRAs that inadvertently report expunged records, especially related to cannabis.

What This Means for Background Screening

Including expunged records in a background report may violate both New Jersey law and the Fair Credit Reporting Act (FCRA). For CRAs and employers, this creates a heightened need for:

Automated filtering systems that exclude expunged records.
Validation processes that ensure public record data reflects the most current expungement orders.
Continuous monitoring of court data systems and changes in local legislation.

At Eagle Eye, our tools are built to adapt in real time—ensuring that outdated or sealed records are never included in our data feeds.

Compliance Best Practices

To avoid liability under New Jersey’s evolving expungement rules, we recommend:

Auditing your criminal record pipelines to flag potential gaps in expungement handling.
Working with data vendors that update records in real time and comply with state law.
Training compliance staff on New Jersey-specific nuances, especially regarding cannabis reform.
Monitoring the progress of A4151 and similar bills that may further restrict record access or disclosure.

San Diego Fair Chance Ordinance: What CRAs Need to Know About the County's New Hiring Rules

Tue, 11 Feb 2025 13:37:40 GMT

In 2024, San Diego County became the latest California jurisdiction to enact a Fair Chance Ordinance, signaling a broader shift in how criminal background information is used in employment decisions. This law adds to California’s existing Fair Chance Act and reflects a growing national trend toward eliminating barriers for individuals with prior convictions.

Adopted in January 2024 and effective July 1, 2024, the San Diego County Fair Chance Ordinance establishes enhanced restrictions and responsibilities for employers and their background screening partners—especially Consumer Reporting Agencies (CRAs). At Eagle Eye Screening Solutions, we recognize that staying ahead of these evolving requirements is critical for compliance, client trust, and operational efficiency.

This comprehensive guide outlines what CRAs and their clients need to know about the ordinance, how it differs from state law, and how to prepare for successful implementation.

What Is the San Diego Fair Chance Ordinance?

The San Diego County Fair Chance Ordinance regulates when and how employers in unincorporated areas of the county may consider criminal history during the hiring process. Like California's statewide Ban the Box law, it prohibits employers from:

Asking about an applicant’s criminal record
Conducting criminal background checks
Considering criminal history in hiring decisions

Until after a conditional offer of employment has been made.

However, the county ordinance goes a step further by introducing new recordkeeping, notice, and assessment standards that align more closely with practices seen in other progressive jurisdictions like Los Angeles City and San Francisco.

Jurisdictional Scope

Understanding the geographic scope of the ordinance is crucial.

The law applies to employers with five or more employees who operate in the unincorporated areas of San Diego County.
It does not apply to incorporated cities within the county, such as:
San Diego
Chula Vista
Escondido
Oceanside
However, remote and hybrid workforces, or employers headquartered elsewhere but hiring for roles that touch the unincorporated areas, may still fall within scope.

For CRAs, this means evaluating whether your clients’ operational footprint or job postings may inadvertently trigger compliance obligations—even if they’re not based in San Diego County directly.

Key Compliance Requirements

The ordinance reinforces a series of structured obligations that both employers and their background screening partners must follow.

1. Conditional Offer Requirement

Before an employer can request or review a background check, they must make a bona fide conditional offer of employment. This means:

The offer is only contingent on the results of the background check.
The applicant should reasonably expect that the position will be offered if no disqualifying history is revealed.

CRAs must delay background check processing until a clear indication of a conditional offer has been received from the employer. This might involve:

Triggering background report generation only after confirmation flags are sent via ATS or API
Providing optional hold-and-release workflows tailored to client preferences

2. Individualized Assessment & Notice

If an employer decides to rescind a conditional offer due to criminal history, they must:

Conduct an individualized assessment, considering:
The nature and gravity of the offense
Time passed since the conviction or completion of sentence
Relevance to the specific job duties
Provide the applicant with:
A pre-adverse action notice
A copy of the background report
A written explanation of the assessment
A minimum of five business days for the applicant to respond

Issue a final adverse action notice only after this period, incorporating any additional information the applicant provided.

These steps are consistent with FCRA requirements but also introduce added documentation and justification standards that CRAs can support by offering:

Structured, easy-to-understand report formats
Optional comment fields or guidelines for employer assessments
Tools for report suppression or risk scoring based on client-defined logic

3. Record Retention and Posting Obligations

Employers must:

Retain records of:
Criminal background checks
Individualized assessments
Adverse action decisions
Applicant responses

For a minimum of three years from the date of the hiring decision.

Remove any mention of criminal history from:
Job advertisements
Applications
Recruitment materials

This creates a heightened need for compliance across all stages of the hiring process—from initial job posting to final onboarding.

Practical Implications for CRAs and Background Screeners

This ordinance isn’t just a legal issue—it’s an operational challenge. For CRAs, the San Diego Fair Chance Ordinance requires deeper attention to:

Timing controls: Ensure report delivery is delayed until conditional offer confirmation
Content filtering: Remove expunged, sealed, or non-conviction data, as required by law
Documentation: Offer optional fields or delivery methods that help employers meet their written assessment and notice requirements
Education: Help clients understand their obligations and consequences for noncompliance

Failure to adapt systems and services could expose CRAs and their clients to legal liability and reputational damage.

Why Local Ordinances Like San Diego’s Matter

While California's statewide Fair Chance Act already imposes many restrictions on criminal background checks, county- and city-level ordinances like San Diego’s often contain more specific provisions, additional enforcement layers, and broader penalties. These ordinances reflect a strong emphasis on rehabilitation, equity, and anti-discrimination in the hiring process.

This means that CRAs operating nationally cannot afford a one-size-fits-all approach. You must be able to:

Configure services by jurisdiction
Educate clients about overlapping legal layers
Offer granular controls to support local compliance

Enforcement and Penalties

The San Diego County Office of Labor Standards and Enforcement (OLSE) is tasked with enforcing the ordinance. While the OLSE will likely begin with education and voluntary compliance efforts, it does have the authority to issue:

Administrative penalties
Civil fines
Remedial action requirements

Violations can occur through:

Early background checks
Missing individualized assessments
Improper job postings
Inadequate recordkeeping

Employers that rely on CRAs for compliant hiring data will expect their screening partners to provide not only accurate records—but also tools that help them meet these new obligations.

How Eagle Eye Screening Solutions Supports Compliance

At Eagle Eye Screening Solutions, we deliver industry-leading tools built for compliance in complex legal environments like San Diego County. Our platform offers:

Conditional-Offer-Based Report Triggers

Ensure that background reports are only generated or released after a conditional job offer has been issued.

Rule-Based Record Filtering

Our system can automatically exclude non-reportable data based on jurisdiction-specific rules, including:

Expunged or sealed records
Non-conviction data
Juvenile adjudications

Seamless Integration with Hiring Platforms

We integrate directly with systems like:

AccioData
TazWorks/MeridianLink
Deverus
Digital Delve

This allows for automated compliance checkpoints across the client’s ATS or CRM.

Ongoing Legal Monitoring

We stay up to date with legislation at the city, county, state, and federal levels—and adjust our retrieval processes accordingly.

Preparing for the July 2024 Enforcement Deadline

With the ordinance taking effect on July 1, 2024, the clock is ticking for employers and CRAs to get compliant. Here's how to get ahead:

Review your client base for possible San Diego County exposure
Audit your systems for timing workflows and jurisdictional filtering
Update client onboarding protocols to educate on San Diego-specific requirements
Add compliance documentation support into your report delivery
Maintain an audit trail for all reports, assessments, and client communications

Conclusion

The San Diego Fair Chance Ordinance reflects the county’s commitment to equity in hiring—and adds meaningful new responsibilities for CRAs and employers alike. By understanding its requirements and preparing now, background screeners can maintain compliance, support client confidence, and contribute to fairer hiring practices across California.

Eagle Eye Screening Solutions is proud to support CRAs and employers with real-time, compliant, and configurable criminal research tools. Contact us today to ensure your screening process aligns with San Diego’s Fair Chance standards.

Understanding the Colorado Clean Slate Act (Senate Bill 22-099)

Wed, 04 Dec 2024 19:37:48 GMT

Written by: Eagle Eye Screening Solutions

The Colorado Clean Slate Act was passed in 2022 and went into effect July 1, 2024. Hundreds of thousands of Colorado criminal convictions will be automatically sealed. The process will roll out in 2024 and 2025. The law is intended to increase employment opportunities for people with old convictions. Research suggests that former convicts are half as likely to commit new offenses if they are employed.

Key Provisions of the Clean Slate Act in Colorado

The Colorado Clean Slate Act has provisions for both sealing and expunging criminal records. Expungement goes a step beyond sealing by completely erasing the records from official databases.

Low-level offenses will be sealed automatically after a specified amount of time has passed. There must not be any new offenses during that time. Individuals will no longer have to petition to have records sealed.

Certain juvenile offenses and other minor offenses can be expunged. Expungement requires petition as well as evidence of rehabilitation.

Sealing a Record vs Expungement

When a record is sealed, it is hidden from public view. Employers, landlords, and consumer reporting agencies are no longer able to see it. However, the record is still on the databases, and government agencies such as courts and law enforcement agencies continue to have access to it. Records can be unsealed if there is a new conviction.

When records are expunged , they are removed from the database and no longer exist. There is no record of the offense; it is as if it never occurred.

Order to Seal Conviction Records Automatically

Before the Clean Slate Act, it was a laborious process to have a criminal record sealed. There was a lot of paperwork, and it generally required the help of an attorney. Only about five percent of those eligible completed the process.

Under Clean Slate, the State Court Administrator must create a list of eligible offenses on a quarterly basis. This began on July 1, 2024, for misdemeanors, petty offenses, civil infractions, and drug offenses. Beginning July 1, 2025, the Administrator must start including eligible felonies on this list.

Colorado district attorneys will be given the opportunity to object in a situation where sealing would threaten public safety.

Petition-based sealing will still be available. The timeframes are shorter than for automatic sealing.

Timeframes for Automatic Sealing Based on Offense Type

Civil infractions are eligible for sealing when four years have passed since the final disposition of the case. Petty offenses and misdemeanors are eligible after seven years.

The timeframe for eligible felonies is 10 years. This is 10 years after the final disposition or after the individual has been released from supervision, whichever is later.

Eligible and Ineligible Records Under the Act

In general, records eligible to be sealed are those is which there was not a victim. Serious felonies involving violence will not be sealed. There are specific crimes that are ineligible, including driving under the influence, some sex crimes, child abuse, and felony abuse.

What Record Sealing Means for Employers

As soon as automatic sealing begins, employers will see fewer criminal records involving civil infractions, petty offenses, and misdemeanors. They should not expect to see these reported to them by their CRAs . After the process expands to include some felonies in July 2025, there will be a further decrease in records that they cannot access and will not be reported to them.

The Shift in Colorado Background Check Practices

On July 1, 2024, the same day that the Clean Slate Law goes into effect, another Colorado law, the Job Application Fairness Act (JAFA), became effective. JAFA restricts the information an employer can request in an initial interview.

During the initial process, the employer may not ask for the candidate’s age, DOB, or dates of high school or college attendance. There are some exceptions. One purpose of this is to prevent age discrimination. Another is that DOB can be used to access criminal records.

This is similar to the intent of the existing Colorado Chance to Compete Act, which is a ban-the-box law. This law prohibits an employer from asking about criminal history in an initial application and from using language in an application that implies people with criminal histories will not be hired.

What Employers Can and Cannot Access Post-Sealing

After the Clean Slate act is rolled out in 2024, employers will not be able to see criminal history for any records that have been sealed. This includes civil judgments, most misdemeanors, and petty offenses. After mid-2025, they will be unable to see felonies that are eligible for sealing. They will still be able to access anything they could previously access concerning information such as education history, employment history, and previous addresses.

How the Clean Slate Act Affects Your Hiring Process

Employers will need to update their hiring procedures to comply with the new law. This may include updating their internal policies and training HR and other relevant personnel on the Colorado Clean Slate Law and its implications.

You should also establish procedures to more thoroughly examine alternative background sources. Validation of education, previous employment, and professional licenses will become much more important as employers attempt to get a rounded picture of an applicant apart from criminal history.

Moving Forward: Ensuring Compliance and Fair Hiring Practices

Nothing in the new law prevents employers from conducting background checks. You may order a background check any time during the hiring process. However, since JAFA restricts when you may ask about age and DOB, you will generally have to wait until after the initial application process has been completed.

It is vital not only to understand the Clean Slate and JAFA but also to be aware of any new legislation that may be enacted. The trend, both nationally and in Colorado, is for states to be more restrictive about what employers may ask and when they may conduct background checks. It’s more important than even to partner with a reliable CRA to perform compliant background checks yet still obtain the information required to hire the best employees and maintain a safe workplace.

Eagle Eye Screening Solutions has over 20 years of experience in retrieving public records and delivering background reports that are compliant and meet reporting needs. Contact us to learn how we can deliver background checks that matter while navigating today’s regulatory landscape.

AB 2188 - California Marijuana Laws

Tue, 01 Oct 2024 15:26:34 GMT

Written by: Eagle Eye Screening Solutions

Key Takeaway

AB 2188 is a California statute that provides anti-discrimination protection for employees who are medical and recreational users of cannabis during their off-duty hours.

What is AB 2188?

AB 2188 prohibits an employer from discriminating against an applicant or employee for using marijuana off the job and away from the workplace. It also prohibits discrimination against an applicant or employee who takes an employer-required drug screening test and is found to have only non-psychoactive cannabis metabolites in their system.

Non-psychoactive metabolites are the components still stored in the body after the THC, the psychoactive ingredient, has been metabolized. These components indicate that the person has used cannabis sometime in the past few weeks, but they do not show that the individual is high at the time of the test.

AB 2188 California Effective Date

AB 2188 was enacted September 18, 2022, and became effective January 1, 2024. The delay gave employers time to update policies and practices and to train personnel.

Why AB 2188 Was Introduced?

Medical marijuana was legalized in California in 2008, and recreational marijuana was approved in 2016. However, before AB 2188, it was still permissible for employers to discriminate against people who participate in these legal activities. An employer was not required to make an accommodation for a person who used marijuana for a health reason such as back pain.

AB 2188 was introduced to rectify what the legislature perceived as unjustified discrimination. It is also intended to clarify the distinction between using marijuana on personal time and being high at work.

How AB 2188 Relates to Existing Marijuana Laws in California

AB 2188 is a logical addition to the 2008 and 2016 constitutional amendments that legalized medical and recreational cannabis use in California. It is also an update to the California Fair Employment and Housing Act , which defines classes of individuals that employers may not discriminate against. AB 2188 adds off-the-job cannabis users to the list of protected classes.

AB 2188 can also be seen as an extension of state and local Fair Chance laws, which restrict how employers can ask about and consider criminal history.

Key Provisions of AB 2188

AB 2188 prohibits employers from discriminating against off-duty users of medical or recreational marijuana. More explicitly, employers may not discriminate on the basis of a screening test that shows non-psychoactive metabolites of cannabis in a person’s system. Such a test shows that a person has used marijuana in the past but does not indicate that they are currently high.

The law explicitly states that it does not grant the right to possess cannabis or be impaired on the job. Employers have a right to maintain a drug-free workplace, and they may still reject applicants or discipline employees who are visibly impaired or test positive for the presence of THC, the psychoactive component of marijuana.

Employer Responsibilities and Restrictions

Marijuana Use and Discrimination in the Workplace

Employers were already prohibited from workplace discrimination based on race, gender, and several other factors. They now must follow similar non-discriminatory policies regarding individuals who use cannabis when off duty and away from the workplace.

Impact of AB 2188 on the Hiring Process

Pre-Employment Marijuana Screening

California employers may still use pre-employment drug testing. They may eliminate candidates for screening results that show THC in the system. However, they may not consider drug tests that show only recent use of marijuana. Most employers will have to change the drug-screening tests they have been using.

How AB 2188 Affects Drug Testing Policies

Employers should no longer use tests that cannot distinguish between the presence of THC and the presence of non-psychoactive metabolites. The science of drug testing has improved, and there are now tests, including saliva tests, that can make the distinction. Traditional blood, urine, and tests do not make the distinction and can no longer be reliably used.

Employers may also use impairment tests similar to those used at traffic stops, although the California legislature has not specified in detail how these should be conducted.

AB 2188 Exemptions: Who is Not Covered by the Law?

The protection provided by AB 2188 does not extend to employees in the construction and building industries. It doesn’t protect positions that require federal background and clearance checks. Interestingly, the law does not exempt police, fire, transportation, and health care employees.

Best Practices for Employers to Comply with AB 2188

There are several steps California employers should consider:

Decide on an acceptable, objective way to detect drug and alcohol violations. This could include documented steps for visually detecting impairment. It might include using new tests, such as saliva tests, that can distinguish between THC metabolites and non-psychoactive metabolites.
Review and update workplace drug testing procedures, including under what circumstances testing will occur and how it will be carried out.
Provide training on AB 2188 and the new procedures, especially for recruiters, managers, and those who conduct testing.

What AB 2188 Means for Employers and Employees in California

For employers, AB 2188 requires them not to discriminate against job candidates and employees who use cannabis off the job and away from the workplace. They must work with their CRA partners to ensure they are not retrieving information on past marijuana use.

Employees should be aware of their rights, but they should also realize that they don’t have permission to come to work impaired. They need to understand how long THC takes to leave their system and not use marijuana too close to their starting time.

There are likely to be similar laws in more states, so CRAs in California and elsewhere must keep abreast of developing legislation. They should rely on a background check wholesaler like Eagle Eye Screening Solutions to provide accurate and legally compliant public record retrieval. Contact us to learn how we can be your trusted background search partner.

Kentucky Expungement | Clean Slate Law Kentucky

Fri, 06 Sep 2024 15:00:00 GMT

Written by: Eagle Eye Screening Solutions

Key Takeaways

In 2024, the Kentucky legislature is considering a Clean Slate law that would automatically erase certain criminal records. These would likely be the same ones that can be expunged by petition under current state law.
The state of Kentucky provides an online system where individuals can apply to have criminal records expunged. These include arrests that did not result in a conviction, as well as many misdemeanors and felonies.

Kentucky Clean Slate Act

A proposed Kentucky Clean Slate law , under consideration in 2024, would establish automatic expungement of a number of criminal records. State and local prosecutors would have an opportunity to object to the expungement of specific records. The eligibility rules would be similar to those under the state’s current application system.

Today, there is an online system where eligible individuals may apply for expungement. Arrests that did not result in conviction are eligible. Many misdemeanors are eligible for expungement five years after the sentence or probation is completed. Some felonies are also eligible after five years . There must not be any new crimes during those five years. Violent crimes, sexual offenses, crimes against children, and public corruption are ineligible.

There is an online expungement request system that many people will be able to use without the help of an attorney. Clean Slate Kentucky, under the Department of Public Advocacy, provides a website to help people navigate the process.

Kentucky Background Check Laws

There is not a statewide ban-the-box law that limits how employers may ask about criminal records. However, state executive branch agencies are prohibited from asking about criminal history on initial applications. Also, the City of Louisville bans the box for the city and its vendors.

State law extends the federal Fair Credit Reporting Act (FCRA) by prohibiting CRAs from reporting any information about arrests not resulting in conviction. Also, expunged convictions may not be reported.

Expungement in Kentucky

Under Kentucky expungement, the arrest and/or conviction is removed from the system and will not appear on background checks. In response to any inquiry, the courts and other agencies will state that the record does not exist. The individual is not required to disclose the record to a potential employer. However, prosecutors may maintain a record, not visible to the public, for law enforcement purposes.

Expungement is done by request via an online system maintained by the state. Many people are able to use the system without outside help. There is no charge to apply for the removal of an arrest record that did not result in conviction. However, there are fees for misdemeanor and felony convictions of $40 and $300, respectively.

What CRAs Need to Know About Clean Slate Laws in Kentucky

Records that have been expunged should not turn up in a search, and CRAs may not report them in any case. Also, CRAs may not report arrests that did not result in a conviction, even when these do show up in a search.

Bottom Line

Current Kentucky law allows individuals to apply, via an online system, for expungement of non-conviction arrests and many misdemeanor and felony convictions. If a Clean Slate law under consideration is enacted, expungement will become automatic.

Minnesota Expungement | Clean Slate Law Minnesota

Thu, 05 Sep 2024 15:19:11 GMT

Written by: Eagle Eye Screening Solutions

Key Takeaways

The Minnesota Clean Slate law, passed in 2023, goes into effect in 2025. It expunges arrests that did not result in a conviction, as well as some misdemeanor and felony convictions.
Expungement by petition continues to be available to a slightly wider range of offenses than will be automatically expunged under the Clean Slate Act.

Minnesota Clean Slate Act

The Minnesota Clean Slate Act of 2023 establishes the automatic expungement of certain criminal records, effective January 1, 2025. This replaces many of the petition-based expungements that are available today.

Automatic expungement applies to arrests that resulted in no conviction, a diversion program, or a stay of adjudication. Some misdemeanor and felony convictions will be automatically expunged as well. DUIs, sexual crimes, and violent crimes are ineligible. There is a waiting period of two to five years depending on the level of offense.

A slightly wider range of offenses will continue to be eligible for the expungement by petition that exists today.

The Minnesota laws that legalized recreational cannabis directed the automatic expungement of many previous cannabis convictions. This took place in May 2024.

Minnesota Background Check Laws

Minnesota is a ban-the-box state for both public and private employers. An employer may not ask about an applicant’s criminal record until the applicant has been chosen for an interview or a conditional job offer has been extended. There is an exception for occupations such as teaching where background checks are required by law.

Minnesota employers must abide by the Fair Credit Reporting Act (FCRA) rules, which require written consent for a background check and limit the look-back period in some cases. The cities of Minneapolis and St. Paul specify additional rules for public sector employers, including procedures for informing the applicant and allowing rebuttal.

Expungement in Minnesota

A Minnesota expungement is an order from a court that hides a criminal record from public view. The record is still available to courts and law enforcement agencies.

In addition to the automatic expungement that will begin in 2025, there are several ways an individual can petition for expungement. They may apply with the Attorney General’s office or bring a petition to the court where the conviction took place. Agencies may support the petition, oppose it, or offer no opinion, but the ultimate decision on granting expungement is up to the court.

What CRAs Need to Know About Clean Slate Laws in Minnesota

Records that have been expunged will usually no longer be available to CRAs. When automatic expungement begins, the number of these hidden records is expected to increase. Should they find them, CRAs should avoid reporting these records to employers.

Bottom Line

Effective in 2025 , the Minnesota Clean Slate Act will affect the automatic expungement of certain criminal records, including arrests without conviction and some misdemeanor and felony convictions. This will in large part replace expungement by petition that exists today. However, petition-based expungement will continue to be available for a wider variety of criminal records.

Rhode Island Expungement | Clean Slate Law Rhode Island

Thu, 05 Sep 2024 15:00:04 GMT

Written by: Eagle Eye Screening Solutions

Key Takeaways

Rhode Island law allows some criminal arrests and convictions to be expunged or sealed. Many misdemeanors and some non-violent felonies are included.
Sealing and expungement are by petition. Eligibility depends on previous record and evidence of good character and/or rehabilitation. Ultimately, the decision is up to the court.

Rhode Island Clean Slate Act

Under Rhode Island clean slate law , individuals may apply for expungement or sealing of certain criminal records. Eligibility depends on the nature of the record, the offense, and previous criminal record.

If a case was dismissed or not pursued, it is eligible for removal. If a person is found not guilty, the case can be sealed regardless of previous convictions.

First-time misdemeanor offenders are eligible five years after the end of sentence or probation. Repeat offenders must wait 10 years. Expungements for domestic violence or DUI are available for first-time offenders only.

First-time felony offenders are eligible after 10 years . Eligibility is not extended to repeat offenders or those who have been convicted of crimes of violence.

Expungement and sealing can only be granted by the court in response to a petition. A convicted petitioner must show good moral character and evidence of rehabilitation. The final determination is up to the judge.

After marijuana was legalized in 2022, there was mass expungement for offenses that were committed prior to that time but are no longer crimes.

Rhode Island Background Check Laws

Rhode Island is a ban-the-box state . Employers may not ask about criminal history on an initial job application. At the first interview, employers may ask about convictions but not about arrests that did not lead to convictions.

Employers must comply with the federal Fair Credit Reporting Act (FCRA). For example, they must obtain the applicant’s consent for a background check and go through an adverse action process if they choose not to hire based on the check.

Expungement in Rhode Island

Rhode Island uses two terms for its process: expungement and sealing. Expungement is the action taken after a conviction. Sealing takes place when no conviction resulted from the arrest.

In either case, the court removes the arrest or conviction from the person’s record, and it is no longer visible to the public. The person may legally state that the event did not occur. However, the record is not entirely destroyed. The information can still be available to law enforcement, the courts, and some other public officials.

What CRAs Need to Know About Clean Slate Laws in Rhode Island

Records that have been expunged or sealed should no longer be available to CRAs. If there are cases where these records have not been successfully hidden, CRAs must not report them to the employer.

Bottom Line

Expungement and sealing of arrests and convictions in Rhode Island are granted only by petition. Eligibility depends on the type of record, the nature of the offense, and the person’s previous criminal record. Petitioners may have to demonstrate good moral character and rehabilitation, and the petition is granted at the discretion of the court. Automatic expungement is not available.

Missouri Expungement | Clean Slate Law Missouri

Wed, 04 Sep 2024 18:47:35 GMT

Written by: Eagle Eye Screening Solutions

Key Takeaways

Current Missouri clean slate laws allow individuals to apply for expungement of certain criminal records. Eligible offenses include drug crimes and crimes against property but do not include violent crimes and sex crimes.
Several bills are under consideration in 2024. These would eliminate the need to petition and make expungement automatic.

Missouri Clean Slate Act

Missouri Clean Slate law was enacted in 2021 and updated in 2022. It allows expungement of criminal records for property crimes and drug crimes. Crimes against persons, including violent crimes and sex crimes, are generally ineligible.

Individuals must petition for expungement. There is a waiting period from the end of the prison sentence or probation. The period is one year for misdemeanors and three years for felonies . These numbers have been lowered since the original act.

A very small percentage of eligible people actually apply for expungement and complete the process. There are bills under consideration in 2024 that would address this by making expungement automatic . Advocates for these laws claim that the current system is too confusing and expensive, and that new legislation will benefit the state by giving more people a second chance.

Missouri Background Check Laws

Missouri does not have a statewide ban-the-box law, which would ban employers from asking applicants about criminal records early in the hiring process. There are local ban-the-box laws in communities such as Kansas City and Columbia. A governor’s executive order from 2016 bans the box in some state agencies, but excludes those jobs where a convicted person is ineligible under law.

In general, Missouri background check restrictions are limited to those specified by the federal Fair Credit Reporting Act (FCRA), which bans CRAs from looking back more than seven years for non-conviction arrest records and certain other court actions, and applies only to positions that pay less than $75,000 per year.

Expungement in Missouri

There are two types of Missouri expungement. One destroys the criminal record entirely. It is offered in cases where charges were dismissed or did not result in a conviction.

The second type, where there was a conviction, allows records to be closed. This process is called sealing in many states. Records are no longer visible to the public, and a job applicant may legally say that the conviction did not take place. However, the records are still available to law enforcement agencies and the courts.

What CRAs Need to Know About Clean Slate Laws in Missouri

Whether expunged records have been destroyed or sealed, they will not show on a background search. CRAs must not report these even if they discover them. If pending legislation becomes law, there will be many more criminal records unavailable to CRAs.

Bottom Line

Current Missouri Clean Slate law is less generous than in many other clean slate states . Expungement of criminal records is allowed only for drug crimes and crimes against property, and individuals must follow a time-consuming petition process. The state is considering legislation to make expungement automatic. There are two types of expungement in Missouri: that which actually destroys criminal records, and that which seals them from public view.

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Source Wholesale Background Data with Confidence.

Partner with Eagle Eye for fast, compliant solutions.

Utah Clean Slate Law | Utah Expungement

Tue, 03 Sep 2024 19:45:56 GMT

Written by: Eagle Eye Screening Solutions

Key Takeaways

Utah has passed a Clean Slate law that automatically expunges criminal records for cases resulting in dismissal or acquittal as well as for many misdemeanors.
Before Utah Clean Slate, individuals could petition for expungement of many criminal records, including some felonies. This process is still available.
A Utah ban-the-box law applies to employers in the public sector but not to private employers.

Utah Clean Slate Act

In 2019, Utah passed a Clean Slate law that requires the automatic expungement of certain criminal records. These include arrests that resulted in dismissal or acquittal as well as many misdemeanors. Eligible misdemeanors include Class A drug possession offenses, most Class B and C misdemeanors, and minor regulatory offenses and infractions. Registrable sex offenses, domestic violence, some weapons-related offenses, simple assault and DUI are excluded from eligibility.

Expunged records will not show up on background checks, and individuals may answer questions as though the offense never occurred. While records will not be available to the public, some court and law enforcement agencies will still see them.

Under the Utah Clean Slate law, records for eligible offenses will be sealed after five to seven years. Acquittals will be sealed after 60 days and dismissals after 180 days.

Utah Background Check Laws

A Utah ban-the-box law applies to public sector employers. With a few exceptions, these employers may not ask about criminal history until after the person has been interviewed. If the hiring process includes no interview, they must extend a conditional employment offer before checking criminal records. These fair chance laws do not apply to private sector employees.

Expungement in Utah

In Utah, expungement does not erase the arrest or conviction, but it restricts information from being seen by anyone other than some government agencies. As far as an employer knows, the incident never took place.

Individuals not covered by the new Clean Slate law may petition for Utah expungement. The waiting period ranges from three to 10 years. Most felonies are eligible for this expungement, but exceptions include registrable sex offenses, felony DUI, vehicular homicide, and repeat offenses of especially harmful crimes.

What CRAs Need to Know About Clean Slate Laws in Utah

CRAs will not be able to retrieve information about expunged criminal records from court records. If they discover them another way, they should not pass the information to a client.

In general, private employers and CRAs are not permitted to request criminal information directly. However, employers may ask individuals to authorize their release to employers and CRAs.

Bottom Line

Utah has joined other states by enacting Clean Slate legislation. The law provides automated expungement of criminal records for many misdemeanors and for arrests that resulted in dismissal or acquittal. Expunged records are no longer available to employers, CRAs and the public, but they can still be seen by certain court and law enforcement agencies.

Utah continues to allow individuals to petition for expungement. This expungement is available for a wider range of offenses than Clean Slate expungement and includes many felonies.

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Source Wholesale Background Data with Confidence.

Partner with Eagle Eye for fast, compliant solutions.

Delaware Clean Slate Law | Delaware Expungement

Fri, 23 Aug 2024 14:30:02 GMT

Written by: Eagle Eye Screening Solutions

Key Takeaways

Delaware has passed a Clean Slate act , to be effective in 2024. It provides automated clearance of criminal records for arrests that did not result in convictions as well as most misdemeanors and some felonies.
The Delaware Clean Slate law is complex, and the rules on eligibility can be difficult to navigate.
Delaware continues to allow discretionary expungement, by petition and at the discretion of the court, for a wider range of offenses.

Delaware Clean Slate Act

In 2021, Delaware joined a growing nationwide trend in enacting Clean Slate legislation, effective in 2024. It provides for the automatic deletion of many criminal records, including arrests not resulting in conviction, most misdemeanors and some felonies. Non-conviction arrests will be expunged immediately, as will convictions for marijuana possession and underage alcohol consumption. There is a waiting period of three to five years for misdemeanors and 10 years for eligible felonies . Crimes of domestic violence or against children or vulnerable adults are not eligible for Clean Slate.

Rules are complex, especially in situations where there are multiple offenses, and a thorough understanding is required to determine who is eligible.

Delaware Background Check Laws

Employers in Delaware must comply with the Federal Compliance Reporting Act, which governs lookback period and adverse action process for some criminal and civil incidents. Delaware adds a few laws of it own:

Employers may not ask candidates or former employers about salary history.
Ban-the-box law applies to public employers. They may not ask about criminal history before interviewing.
Employers may not ask for social media account information.

Expungement in Delaware

Delaware expungement hides the criminal records so that employers and CRAs cannot see them. However, they are still accessible to courts and law enforcement agencies.

In addition to mandatory expungement under Clean Slate, an individual may petition for discretionary expungement, which is granted at the discretion of the court. With Delaware’s complex expungement rules, some who don’t qualify for mandatory expungement may find relief through this route. Only a few felonies, including manslaughter, murder, rape, and child sexual abuse, are ineligible.

What CRAs Need to Know About Clean Slate Laws in Delaware

CRAs will not be able to see criminal records on public sources for incidents that have been expunged. With the new mandated expungement under Clean Start, there will be more of these. CRAs should not report these records even if they discover them some other way. Other than that, there are not many special Delaware requirements that go beyond FCRA.

Bottom Line

Mandated automatic expungement of certain criminal records begins in Delaware in 2024. These include arrests that didn’t result in convictions, most misdemeanors, and some felonies. This is in addition to discretionary expungement, which is granted at the discretion of the court upon petition. Discretionary expungement is permitted for a wider range of offenses. There is some complexity in the Delaware law concerning who is eligible for automated expungement.

Virginia Expungement | Clean Slate Law Virginia

Thu, 22 Aug 2024 14:30:00 GMT

Written by: Eagle Eye Screening Solutions

Key Takeaways

Current Virginia Clean Slate law allows individuals to petition for expungement of criminal records for arrests that did not result in a conviction.
A new law, effective in 2025, will automatically expunge these criminal records. In addition, some misdemeanor convictions will be automatically sealed after seven years.
Individuals may petition for sealing of some convictions that are not automatically expunged. These include most misdemeanor convictions and a few felony convictions.

Virginia Clean Slate Act

Under currently effective Virginia clean slate law , criminal convictions are not expunged. Expungement is available only for arrests that did not result in a conviction. A person must petition the court for one of these expungements.

A 2021 law, which takes effect in 2025, makes expungement automatic for many criminal records. It also makes some criminal convictions eligible for expungement.

Misdemeanor arrests that did not result in a conviction will be automatically expunged, but only for those who have never been convicted in Virginia and have not been arrested in the past three years. Those who do not meet these criteria may still petition for expungement.

Under the new law, some misdemeanor convictions may be expunged after seven years for those that have not been convicted of additional crimes. These include marijuana offenses and other minor transgressions such as petit larceny and disorderly conduct. One may petition for expungement of some more serious misdemeanors.

Some less serious felonies can be expunged via petition after 10 years .

Virginia Background Check Laws

Although there is not a general statewide ban-the-box law in Virginia, there are limited laws and local laws that forbid some employers from inquiring about criminal history in the initial interview process. For example, most employers may not ask about criminal records related to marijuana.

State government employers may not ask about criminal history on an application or before the first interview. Many counties and cities have enacted similar laws for their public sector employers.

When background checks are conducted, the restrictions in Virginia are the ones specified by the federal Fair Credit Reporting Act (FCRA). CRAs may not report non-conviction arrests and most civil actions more than seven years old for applicants earning less than $75,000 per year.

Expungement in Virginia

Virginia expungement does not delete criminal records; it seals them so that they may not be seen by the public. Job applicants can legally deny these records. Only law enforcement, the courts, and some state employees can see these records.

What CRAs Need to Know About Clean Slate Laws in Virginia

CRAs will generally not be able to retrieve criminal records that have been sealed, and must not report them in any case. When the new law goes into effect, it will increase the number of criminal records that are inaccessible to CRAs .

Bottom Line

Current Virginia law allows expungement of non-conviction arrests only, and it must be petitioned for. In 2025, the new law will automatically expunge most of these records as well as some misdemeanor convictions. People will still be able to petition for expungement of other misdemeanor convictions as well as a few felonies.

California Clean Slate Law & SB 731: Record Sealing Explained

Wed, 21 Aug 2024 14:19:33 GMT

Written by: Eagle Eye Screening Solutions

Key Takeaways

Under a 2023 bill, most California felony convictions will be automatically sealed four years after the conclusion of the case. Felony arrests, as well as misdemeanor arrests and convictions, will be sealed more quickly.

Some convicted felons can petition for convictions to be sealed after two years.

SB 731 , effective July 2024, expands automatic record sealing for non-violent felonies through monthly audits conducted by the California Department of Justice.

California Clean Slate Act

On July 1, 2023, the California legislature passed a Clean Slate Act that automatically seals certain felony records after a specified period of time. Individuals are no longer required to file a motion for this to happen.

Most felonies will be sealed four years after release from prison, or immediately at the end of probation. This process does not restore the right to possess firearms. Some violent crimes are not eligible, nor are those that require registration as a sex offender. Felony arrests with no charges will be sealed after three years. Charges with no conviction will be sealed immediately on dismissal.

The state began automatically sealing misdemeanor records in 2022. Misdemeanors with jail time are cleared one year after release. Those with probation are sealed at the end of probation. Arrests with no charges are sealed immediately. Arrests with no conviction are sealed when the case is dismissed.

Other convicted felons can petition for their convictions to be sealed. They can do so two years after release from prison or end of probation, provided they have not been arrested during that time. Some violent crimes and sex crimes are not eligible. Granting the petition is at the discretion of the court.

SB 731: Expanding Record Sealing in California

Alongside the Clean Slate Act, Senate Bill 731 (SB 731), effective July 1, 2024, expands automatic record sealing for non-violent and non-serious felonies. Under SB 731, eligible individuals will have their records automatically sealed four years after completing their sentence, provided no new offenses have been committed.

Monthly audits conducted by the California Department of Justice will handle the process without requiring petitions. Violent crimes and offenses requiring sex offender registration are not eligible.

Impact on Employers and CRAs:

This law restricts access to sealed records for Consumer Reporting Agencies (CRAs) and employers, except in certain cases like law enforcement or public office. SB 731 could help over 225,000 Californians through automatic sealing, with many more eligible to petition for relief.

California Background Check Laws

California is a “ban-the-box” state; employers may not ask about criminal records in the initial interview process. They must make a conditional offer of employment before any background check is initiated. They must obtain the applicant’s permission in writing. If the background check convinces them to rescind the offer, that must follow a process that includes informing the applicant and giving them a chance to challenge the adverse action.

They may not consider criminal convictions more that seven years old, nor may they look at arrests that didn’t result in convictions.

Expungement in California

California expungement seals the record but does not remove it from the system. Some petitioned expungements remove the guilty plea or conviction, allow the person to plead “not guilty,” then dismiss the case. The individual may legally and honestly state that they have not been convicted, but the record can be considered in sentencing if the person commits a new offense.

CRAs will not be able to retrieve criminal records that have been sealed. Should they somehow discover the information, they may not report on these records. They may not reports convictions more than seven years old or offenses that didn’t result in a conviction.

Bottom Line

California Clean Slate Law automatically seals records for felony convictions more than four years old. It provides for earlier sealing of misdemeanor records and felony arrests with no conviction. Felony offenders can petition for sealing after two years, which will be granted at the discretion of the court.

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Source Wholesale Background Data with Confidence.

Partner with Eagle Eye for fast, compliant solutions.

Ways to Identify a Fake Degree Certificate

Wed, 17 Jul 2024 20:09:21 GMT

Written by: Eagle Eye Screening

Key Takeaways

Too many employers don’t adequately validate degree certificates.
There are fake diplomas that appear to be from legitimate schools, and there are certificates from unaccredited institutions that act as diploma mills.
Sometimes you can spot a fake physical certificate from its appearance, but forgers are becoming increasingly skilled at imitating the real thing.
Client-facing CRAs should work with wholesale screeners who have the expertise and resources to validate degree certificates.

How to Spot a Fake Degree Certificate

Fake diplomas are a big business, largely because they are so often effective. Many if not most employers are lax in validating an applicant’s educational qualifications . Even a casual internet search will turn up diploma mills that boast about how accurately their products resemble genuine degree certificates.

These vendors are doing nothing illegal. There’s no law against creating, selling, or possessing a fake diploma. However, when a person uses a phony certificate in applying for a job, that generally crosses the line and makes it a crime.

There are essentially two types of degree fake certificates. One is a forged diploma from a recognized and reputable institute of higher learning. The other is a diploma from a school that is non-existent or from a shell school that was set up specifically for the purpose of granting a fake certificate degree. In addition to other background checks , employers must take care not to be fooled by a fake degree certificate.

There are several ways to spot an ersatz degree certificate. For starters, if you have a physical diploma, its appearance will sometimes give it away. A genuine diploma will be printed on high-quality paper that has some texture. There will often be an embossed seal and/or a holographic watermark that is visible when you hold it to the light. The signature will be in actual ink rather than being printed. There will not be any spelling errors.

If the diploma purports to be from a well-known college or university, you can compare the insignia on the certificate with the school's website.

If the institution is one you’ve never heard of, and you suspect it’s a sham, you can start by locating the school’s address online. If it’s a diploma mill, the address may be a warehouse, an empty building, or a storefront in a strip mall. You can also check out the college or university website. Sometimes the URL is a giveaway: it just doesn’t sound like a university site. Also, it’s difficult and time-consuming to create a website that has everything you’d find with a valid college. If it doesn’t look like a higher education site, it probably isn’t.

One obvious way to validate a degree certificate is to call the institution and ask. However, that’s not as easy as it sounds. If it’s a degree mill as opposed to a legitimate school, there may be someone who answers the phone and can “validate” the information on any diploma that the company has sold.

If it’s a legit college or university, often the registrar won’t give out the details you’re looking for. Many colleges hire a third party to handle such inquiries, and often that party charges a fee. Another option is to subscribe to a professional degree verification service that has the wherewithal to go through all the time-consuming validation procedures.

The interview process gives employers another opportunity to verify educational credentials. An employer can ask to see the original diploma, but the applicant may not still have it, or may be taken aback at the request and consider it invasive . A less direct way is to ask questions about the candidate’s experiences at the campus and to be suspicious if the person has trouble coming up with believable answers.

What Does a Fake Degree Certificate Look Like?

Unfortunately, a fake degree certificate too often looks just like a real one. However, there might be some giveaways that reveal a diploma as false:

Low-quality paper. Valid diplomas are printed on archive-grade paper that is designed to last for a long time.
Lack of a seal. Legitimate certificates usually have a seal that is embossed and is the actual seal of the institution as it appears on the website.
Printed signatures rather than signatures in ink.
Lack of a watermark that appears when the paper is held to light.
Awkward, pretentious language or spelling errors.
Missing information such as the name of the institution, the graduate’s name, and the date.
Inconsistent fonts.
A college or university that you haven’t heard of or that has a name similar to a legitimate one. For example, the University of Indiana instead of the real name of that state’s college, Indiana University.

However, some vendors of phony diplomas successfully meet all the criteria of a valid certificate so that it’s indistinguishable from a real one.

What CRAs Need To Know About Fake Degree Certificates

Most of the time, CRAs will not have the original diploma but will have to rely on their background-checking procedures. If the candidate falsely claims to have a degree from a bona fide college, the school and dates will not turn up in a background check. A degree from a diploma mill may show up, and it’s up to the CRA to know that a degree from that school is worthless.

Many client-facing CRAs will not have the resources to validate the educational credentials of every candidate they vet, particularly when the diploma comes from a non-accredited institution. If they partner with a screening service wholesaler , they should verify that their partner has the bandwidth to identify fake certificates, whether they do it themselves or outsource to a degree verification service.

Bottom Line

Many job applicants claim to have valid degrees and produce certificates that say so. However, some degree certificates are fake, and employers don’t do an adequate job of validating them. Some fake certificates appear to be from reputable institutions, while others are from unaccredited diploma mills that exist solely to sell unearned degrees.

Sometimes fake certificates can be spotted, but forgers are constantly getting better at imitating the real thing. Validating a degree is a time-consuming process that’s beyond the means of many employer-facing CRAs. These CRAs will do well to work with a wholesaler like Eagle Eye Screening Solutions. We have the resources to do full and accurate background checks, including education verification.

Cybersecurity Requirements for CRAs

Thu, 20 Jun 2024 20:35:36 GMT

Written by: Eagle Eye Screening Solutions

Key Takeaways

CRAs handle sensitive information about people. Failure to keep it secure can result not only in damage to those individuals but also in fines, lawsuits, and damage to the CRA's reputation.
CRAs are subject to data security regulations from federal regulatory agencies and also under state law.
There are cybersecurity best practices that all CRAs should observe.

Why CRAs Require Cybersecurity

The importance of CRA security became evident in 2017 when Equifax was hacked, exposing the personal information of over 100 million people. While not every CRA is as large as Equifax, there aren’t any that are so small that a security breach wouldn’t be a major event. No CRA wants to be responsible for thousands or millions of confidential records in the hands of the bad guys.

Leaked records could include social security numbers, credit card information, and other data that malicious parties can use to commit crimes such as identity theft and fraud. In addition to the harm to innocent citizens, there’s the damage to the reputation of the CRA. There might be fines from enforcing agencies. CRAs might find themselves appearing in industry news in a way that they don’t like. Regulators might come in and micromanage the CRA in establishing the safeguards that should have been there all along.

CRAs need to retrieve, store, and deliver sensitive data. They cannot fulfill their obligations to employers and other clients if they don’t discover and report the relevant background information . However, they must at the same time prevent this information from being intercepted and misused. There are known industry best practices for countering hackers’ attacks, and it’s incumbent on every CRA to understand and implement these.

What Data Security Regulations and Laws Are Cras Subject To?

There is not a single overarching federal law addressing cybersecurity. Data security for CRAs is governed by state laws and federal agency regulations.

Gramm Leach Billey Act

The Gramm Leach Billey Act (GLBA) became law in 1999. GLBA and the Fair Credit Reporting Act (FCRA) are the principal laws that dictate how CRAs must protect consumer information. As part of the GLBA, the Safeguards Act mandates that every CRA must have a comprehensive program to keep consumer data from falling into malicious hands.

GLBA authorizes the Federal Trade Commission to create rules and enforce them. The FTC issued the Safeguards Rule. Every CRA must have physical, technical, and administrative safeguards. These safeguards must identify foreseeable risks, both internal and external, to the security, confidentiality, and integrity of the data CRAs handle. CRAs must mitigate risks that could result in unauthorized disclosure or misuse of consumer data.

Consumer Financial Protection Bureau

The 2010 Dodd-Frank Act, largely a response to the 2008 mortgage crisis, created the CFPB, which is an agency that regulates the way banks and other financial institutions deal with consumers. Starting in 2018, the CFPB started examining CRAs with respect to their cybersecurity practices. It became an additional agency to serve as a watchdog over CRA data security practices.

State Laws

All 50 states have legislation that requires CRAs to protect confidential consumer information. The laws tend to be similar to the regulations put out by the FTC. Among other particulars, they require that CRAs inform consumers if there is a data breach.

Cybersecurity Requirements for Consumer Reporting Agencies

CRAs must comply with all laws and regulations to avoid harming consumers and to avoid legal penalties, lawsuits, and damage to their reputations. There are industry best practices that strengthen an entity’s cybersecurity and minimize the risk of a security breach that compromises data privacy . These include:

Physical security. The first step in cybersecurity is to keep the wrong people out of places where sensitive data resides. There must be controls to prevent unauthorized access to sites where data is stored and accessed. Any hard copies with customer information should be destroyed – shredded, incinerated, or pulped – when they’re no longer needed.
Data access controls. Limit user IDs and passwords to those who need access. Strictly enforce policies for changing passwords frequently and against sharing user IDs. Enforce multifactor identification. Terminate access promptly when someone leaves or transfers. Periodically review user lists and user activity to ensure data is accessed on an as-needed basis only.
Infrastructure maintenance. Keep firewalls, routers, routers, personal computers, and all hardware and software current with updates and patches. Disable unnecessary services on devices.
Encryption. Use strong encryption protocols on both stored data and transmission.

Monitoring. Put logging mechanisms in place to detect unauthorized access and report any security incidents. Be able to assign accountability and reconstruct events when necessary.
Testing. Perform penetration testing to detect points of vulnerability.
Data protection. In addition to encryption, regularly back up data to a protected location. Do not allow data to be stored locally on tablets and mobile devices. Conduct exercises to test data recovery procedures.
Network security. Follow industry best practices in creating a secure network.
Written policies. Maintain an up-to-date reference source with complete and detailed cybersecurity policies and procedures. Ensure that everyone knows it exists and where to find it.
Education. Conduct training for all employees who deal with customer data. Ensure they are familiar with regulations concerning compliance, proper data handling, and protection of consumer data and consumer privacy.

Bottom Line

Hackers are searching for confidential data 24/7. Any vulnerability in a CRA’s cybersecurity practices, from inadequate protection of passwords to firewall failure to physical site security, could put that CRA in the headlines in a negative way. Every CRA must be constantly vigilant to ensure they are observing industry best practices in their collection, maintenance, and transmission of confidential data.

Cybersecurity requirements for CRAs are established and enforced by the FTC under the Gramm Leach Billey Act of 1999. The Consumer Financial Protection Bureau has also started to examine CRA cybersecurity practices. All 50 states have enacted legislation addressing CRA cybersecurity.

While every CRA is responsible for conforming with regulations, they should look even more to the latest cybersecurity best practices to ensure that they are adequately protecting sensitive data. At Eagle Eye Screening Solutions, we specialize in comprehensive background checks and robust cybersecurity measures to protect sensitive information. Our cutting-edge automated systems and extensive experience ensure you receive fast, accurate, and secure reports. Contact us today to learn how we can help safeguard your business from potential cyber threats and maintain compliance with all regulatory requirements.

2024 Background Screening Trends

Mon, 10 Jun 2024 21:18:50 GMT

W ritten by: Eye Screening Solutions

Key Takeaways

Employers are demanding more background checks, faster checks and better checks, including continuous post-hire background checking. These screenings are becoming increasingly challenging to deliver.
In 2024, there is a patchwork of background check laws, mostly at the state and municipal level. These continue to evolve. In particular, fair chance laws and ban-the-box laws keep becoming more widespread.
Social media screening will grow even more important as a source of both positive and negative information about applicants.

Top Background Screening Trends in 2024

The world of background screening never stands still. Recent years have found employers demanding better, faster and more frequent background checks in an environment that is becoming increasingly difficult for them and their CRAs to navigate. This isn’t going to change. In fact, 2024 and the years to come are likely to see even more rapid transformation in the field. Here are some trends that stand out in 2024.

More Fair Chance and Ban-the-Box States

These types of laws improve employment opportunities for applicants who have a criminal record. Ban-the-box laws prohibit employers from asking about criminal history on the initial application. Some fair chance laws go further and prohibit employers from conducting a background search until they have made a conditional offer of employment.

Every year, more states and municipalities pass fair chance laws or expand the ones they already have. Several of these changes will become effective in 2024.

In addition, employers are rethinking procedures that limit opportunities for ex-offenders. With applicants often in short supply, they want to use every available source of new hires.

Expanded Clean Slate Laws

Clean slate laws either seal or completely expunge criminal records that meet certain criteria. Typically, in states with such laws, clean slate is available for most misdemeanors and some felonies after a specified number of years have passed. CRAs generally will not learn about sealed or expunged and are not allowed to report it if they do find it. At least 12 states have passed clean slate laws, and it’s almost certain that more will follow.

Ongoing Background Checks

More employers are going beyond pre-hire background checks and conducting ongoing checks on those already employed. For example, companies that employ drivers will periodically look for new criminal violations and license suspension. Many companies consider ongoing checks important for remote workers, who may escape the scrutiny that applies to people who show up at the workplace every day.

Evolving Marijuana Rules

Employers can still take reasonable steps to prevent people from coming to work under the influence of marijuana. In some states where recreational cannabis is legal, however, off-duty use of marijuana is protected from employer scrutiny. Some jurisdictions have outlawed pre-employment cannabis testing. Other states limit which metabolites of marijuana employers can test for and prohibit. These rules will continue to change, with the trend being toward more restriction of testing.

Social Media Background Checking

You can learn a lot about people from their social media accounts, and employers and CRAs are taking advantage of this fact. Both pre-employment and ongoing social media screening will increase in importance.

Employers often refuse to hire based on posts that are racist, sexist, or pornographic, that imply stalking, threats of violence or aggressive behavior, or that badmouth a previous employer or disclose confidential information. On the other hand, companies are more inclined to hire individuals whose posts are well-spoken and professional-looking, show a variety of interests, or support the application’s credentials.

Regulation of AI in Background Screening

More and more employers are using AI and automated employment decision tools (AEDTs) to select and rank candidates. These are coming under the scrutiny of governments and agencies who are concerned that they may be biased against certain groups. The Equal Opportunity Employment Commission (EEOC) has emphasized that automated evaluation decisions are still subject to anti-discrimination laws. New York City now requires employers to publish results that measure AI evaluation bias, and other jurisdictions are likely to follow suit.

Difficult Court Record Access

It’s becoming harder for CRAs to effectively retrieve court records , and there are a couple of reasons. First, some jurisdictions have removed identifiers such as driver’s license number and date of birth from public databases, complicating the problem of confirming that a public record belongs to the individual being vetted.

Also, security breaches and systems upgrades have caused outages in court systems. In some instances, the problem has been statewide.

New Background Check Laws

There are constantly new background check laws coming into play, and, unfortunately, few are at the federal level. Background screening is mostly governed by a patchwork of state and local laws, and the confusion that causes will only get worse.

Here are some examples of regulations that have recently gone into effect or are about to:

Colorado and Delaware have passed Clean Slate laws that are effective in the summer of 2024. California, Connecticut and New York may also expand Clean Slate laws.
Minnesota, Rhode Island, California and Washington have passed laws imposing restrictions on cannabis testing.
New York City, Philadelphia and Nevada now prohibit pre-employment marijuana testing in most cases.
Some jurisdictions, including Minnesota and Columbus, Ohio, now prohibit employers from asking about wage history.
New York City regulates employers that use automated systems to select and rank applicants. Companies must show whether these are biased against protected groups.
At the federal level, there’s a proposal to subject all federal employees to ongoing background screening.

These are only a few of the changes in the pipeline. More and more, it takes specialized expertise to keep in compliance with the latest regulations.

Bottom Line

Employers want more, better and faster background checks, and the evolving regulatory environment makes it more challenging for CRAs to provide them. There are likely to be more laws regarding Fair Chance, Ban-the-Box, Clean Slate and the use of AI. In many states, it is getting more difficult to retrieve court records. Companies are relying more and more on social media to evaluate candidates.

More now than ever, employers need to depend on the expertise of professional screeners. The client-facing CRAs need in turn to depend on wholesalers like Eagle Eye Screening Solutions. We have the resources and the nationwide scope to keep abreast of the regulations in all jurisdictions and to overcome the obstacles in the 2024 environment.

New Jersey Expungement | New Jersey Clean Slate Law

Wed, 22 May 2024 15:30:00 GMT

Key Takeaways

The New Jersey Clean Slate Act, effective in 2020, simplifies the process of petitioning for the sealing of criminal records. Records can be sealed 10 years after release from prison, end of probation or parole, or disposition of the case.
These records are removed from the public database but will still be available to law enforcement agencies and courts.

New Jersey Clean Slate Act

The most recent New Jersey Clean Slate law , effective January 1, 2020, simplifies the process of petitioning for expungement and increases the number of eligible individuals. There is a new electronic filing procedure. Individuals can seek expungement of more than one record, 10 years after all terms of the most recent disposition or sentence, including fines, imprisonment, parole and probation, have been completed.

Clean Slate is available for most crimes, but there are exclusions, including murder, robbery and aggravated sexual assault.

Initially, individuals must petition for records to be sealed. However, the law mandates the exploration of an automated system .

New Jersey Background Check Laws

New Jersey is a ban-the-box state. Employers with more than 15 employees may not ask about a criminal record on an initial job application. Employers must abide by both the federal Fair Credit Reporting Act and New Jersey law.

Employers must obtain written consent before ordering a background check. They must provide applicants with a summary of their rights, including the right to receive a copy of the report. Before they can refuse to hire based on a background check, they must follow a mandated adverse action process.

Employers generally may not consider expunged records when making a decision. There is an exception for positions where background checks are required by law.

Expungement in New Jersey

In some states , expungement goes a step further than sealing records and actually deletes records and makes it as if those events have never existed. Under the New Jersey expungement definition, criminal records are removed from public data stores and are no longer accessible to the public. However, the courts and law enforcement officials can still see the records.

What CRAs Need to Know About Clean Slate Laws in New Jersey

In most cases, CRAs will not be able to discover New Jersey criminal records that have been sealed. If they manage to learn about them through some other source, they should not report them to their client. As always, the best CRAs keep abreast of all laws in all states and advise employers on what they may and may not do.

Bottom Line

A New Jersey Clean Slate Act, effective in 2020, has simplified the application process for individuals who are eligible to have criminal records sealed. It has also expanded the definition of who is eligible. Sealed records will no longer be available to the public but will still be visible to courts and law enforcement agencies. CRAs will generally be unable to see these records and should not report them to clients even if they do discover them.

Oklahoma Expungement | Oklahoma Clean Slate Law

Tue, 21 May 2024 15:05:31 GMT

Key Takeaways

A new Oklahoma Clean Slate law automatically seals records after a period of time. Eligible records include most misdemeanors, some felonies, and arrests that did not result in conviction. Sealing of records will begin in 2025.
The existing ability for individuals to apply for expungement does not change.
In Oklahoma, expungement does not delete records but seals them from public view.

Oklahoma Clean Slate Act

Oklahoma has joined the states with a Clean Slate Act . This law automatically seals criminal records after a set amount of time has passed. The act was signed into law in 2022. Expungement will begin in 2025. The Oklahoma statue refers to this sealing of records as expungement, but it is not the complete destruction of records that constitutes expungement in some other states. Sealed records are still visible to law enforcement and the courts. If a record has been sealed for 10 years with no further violation by the individual, its destruction may be ordered.

Records that will automatically be sealed under Oklahoma Clean Slate include most misdemeanors, some felonies, and arrests that did not result in conviction. Eligibility depends on the nature of the offense and the number of years that have passed.

Oklahoma Background Check Laws

Employers conducting background checks in Oklahoma must comply with the federal Fair Credit Reporting Act (FCRA) as well as state law. The FCRA requires employers to obtain written permission before conducting a background check and to follow an adverse action procedure before deciding not to hire based on the results.

Oklahoma law prohibits employers from asking about sealed records and from refusing to hire on the basis of those. Also, Oklahoma employers may not ask for social media usernames, passwords or other information that would allow them to access social media accounts.

The state has ban-the box laws for public sector employers only. Covered employers may not ask about criminal records on an initial application, although they may do so later in the process.

Expungement in Oklahoma

Individuals have been able to file for expungement in Oklahoma, and Clean Slate does not change that. Some may prefer to file rather than wait for automatic expungement under Clean Slate. With some exceptions, Oklahoma expungement is available for misdemeanors more than seven years old, felonies more than 10 years old, and arrests that did not result in conviction.

Under Oklahoma’s definition, expungement doesn’t completely wipe out the record but seals it from the public. It is still visible to courts, law enforcement, and certain other government officials.

What CRAs Need to Know About Clean Slate Laws in Oklahoma

As Oklahoma clean slate rolls out, CRAs will not be permitted to report criminal records that have been sealed. In most cases they won’t see these records , but they must be aware of the restriction s and not report them if they do discover them.

Bottom Line

Oklahoma has joined the trend toward granting ex-offenders a second chance through Clean Slate laws. Starting in 2025, some criminal records will automatically be sealed from public view. CRAs will generally be unable to discover these records and may report them if they do.

What is a Safety Sensitive Position?

Wed, 08 May 2024 21:06:09 GMT

Written by: Eagle Eye Screening Solutions

Key Takeaways

A safety-sensitive position is one in which job performance can affect the safety of the employee and of others. Examples are professional drivers, pilots, heavy equipment operators, medical workers, and childcare providers.
Safety-sensitive positions are defined by federal agencies as well as federal, state, and local laws.
Laws and regulations specify drug testing requirements for people in safety-sensitive positions.
The current definition limits safety-sensitive positions to those where an employee can cause physical harm. Employers might also consider drug testing for positions that affect the finances, cybersecurity, or reputation of the company.

What is a Safety Sensitive Position?

A safety-sensitive position is a job in which the performance of workers can impact the safety of themselves and others. It’s a role where failure to do the job properly can lead to accident, injury, or even death.

Positions can include drivers, pilots, police officers, teachers, medical providers, pharmacists, security personnel, heavy equipment operators, nursing home workers, and daycare workers. These are all jobs where workers need to be alert and focused to prevent accidents and avoid harm to themselves, their coworkers, or the public.

Federal, state, and local law, as well as several federal agencies, specify which positions are safety-sensitive. These same rules also define the drug-testing requirements for the safety-sensitive positions. Employers need to be aware of these laws and regulations; they not only mandate drug testing requirements but also require employers to gather information about disabilities relevant to the job. Employers must glean this information without violating privacy or anti-discrimination laws.

However, the emphasis of these regulations is workplace drug testing. A person under the influence of drugs (or alcohol) in these jobs could cause someone to be injured or killed. The purpose of drug testing is to prevent drug use before and during work hours. Even in states where medical or recreational use of marijuana is legal, people in safety-sensitive positions are not permitted to work under its influence.

Some would argue that the current definition of safety-sensitive positions is inadequate because it addresses physical safety only. There are positions in which an impaired employee can cause financial, mental, emotional, and reputational damage. For example, if a person responsible for data security drops the ball, there could be a data breach that causes financial and emotional harm to thousands of customers.

What Determines if a Position is Safety Sensitive?

Safety-sensitive positions are defined by federal, state, and local law and also by agencies such as the Federal Aviation Administration (FAA), Federal Transit Authority (FTA), and Federal Motor Carrier Safety Administration (FMCSA). While employees have some leeway in expanding their definition of safety-sensitive positions, they are restricted by the Americans with Disabilities Act (ADA) and the Equal Employment Opportunity Commission (EEOC).

Regulating agencies have left some gaps. For example, some rules have suggested that ride-share drivers and municipal bus drivers are not in jobs defined as safety-sensitive. Many state legislatures have enacted laws to clarify the definitions and ensure such workers are included.

For employers to declare a position as safety-sensitive, they must be able to show that the individual's inability to adequately perform job-related tasks could constitute a direct physical threat to their own safety or to that of others.

Many employers limit drug testing to those positions that are explicitly defined as safety-sensitive or those that can cause physical injury.

While employers are limited in how broadly they can define safety-sensitive positions, there’s no reason they can’t implement drug-testing programs for an expanded scope of jobs. They might consider this testing not only for positions that pose a physical safety hazard but also those in which impaired performance can affect the security, finances and reputation of the company as well as that of its employees and customers.

While any drug-testing program must comply with federal, state and local law, employers have wide latitude as long as they apply rules in a way that does not discriminate against protected groups. They may certainly conduct drug tests based on positions. They may even vary testing frequency by position. For example, employees with access to customers’ personal information and financial data might be tested at a greater rate than those without that access. People with password access to sensitive computer systems might be tested with even higher frequency.

The Reason for Background Screenings for Safety Sensitive Positions

The vetting of applicants for safety-sensitive positions should include not only drug testing but also background screening. For example, a person with a history of serious driving violations such as DUIs is a poor candidate for a job operating a vehicle. Without background screening , an employer has only the applicant’s word that they have the qualifications they claim and do not have anything in their past that might compromise their ability to safely perform the job. The risk posed by substandard performance is much greater when the position is a safety-sensitive one.

Effective background screening is fair to all applicants while reducing the risk of accidents and diminishing the likelihood of workplace theft, harassment, and other misconduct. It helps employers select the most qualified individuals for safety-sensitive positions as well as all other positions. It protects the company’s reputation.

Bottom Line

Safety-sensitive positions are jobs in which inadequate or impaired performance can lead to physical harm to the worker, coworkers or the public. Specific jobs are defined as safety-specific by regulatory agencies and by federal, state and local law. These same regulations mandate drug testing for people in these positions and specify how this testing must be carried out. While drug testing is the primary focus of safety-sensitive laws, it’s also important to conduct background testing for safety-sensitive position applicants.

The current definition of safety-sensitive positions is limited to those that pose a risk to the physical safety of individuals.

Some observers argue that this definition is outdated. While employers are limited in what positions they can define as safety-sensitive, they have broader leeway in implementing drug testing for any position that creates a risk to finances, security, or reputation, whether that of the company or of its employees and customers.

Pennsylvania Expungement | Pennsylvania Clean Slate Law

Wed, 17 Apr 2024 15:50:22 GMT

Key Takeaways

The Pennsylvania Clean Slate Act, which took effect in 2019, shields some misdemeanor records from public view after 10 years have passed. These records are not expunged and are still visible to law enforcement agencies and courts.

Expungement is available in Pennsylvania for some misdemeanors, for individuals over 70, and for many juvenile records. A person must file a petition for expungement.

CRA background checks will generally not discover criminal records that have been shielded under the Pennsylvania Clean Slate Act. Employers must abide by the Fair Credit Reporting Act (FCRA) and not look back more than seven years at criminal records.

Pennsylvania Clean Slate Act

Beginning in 2019, the Pennsylvania Clean Slate Law shielded certain criminal history from public view. Records eligible for Clean Slate include second and third degree misdemeanor, misdemeanors punishable by less than two years in prison, summary convictions and charges that didn’t result in conviction.

For records to be shielded, individuals must not have had further convictions of offenses punishable by a year or more in prison and must have complied with court-ordered obligations for 10 years.

Felonies are not eligible for Clean Slate, nor are misdemeanors punishable by two years or more in prison, firearms offenses, crimes endangering persons, crimes against families and certain sex offenses.

Records shielded by Clean Slate are not expunged. They are still accessible by courts and law enforcement agencies.

Expungement in Pennsylvania

Expungement erases all evidence of a criminal record as makes it as though it never occurred. Criminal history is eligible for expungement when:

A person is 70 years old and has been free from imprisonment, arrest or prosecution for 10 years.
Case disposition has not been recorded within 18 months of arrest, and disposition is not available or action is not pending.
A juvenile has turned 18 and six months have passed since all terms of a sentence were satisfied. (Expungement is not available for some sex offenses.)
A person who was convicted for underage drinking since age 18 has now turned 21.
A person with summary offenses has been free from arrest for five years.
A court has ordered the expungement of non-conviction data.

A person must file a petition for Pennsylvania expungement.

What CRAs Need to Know About Clean Slate Laws in Pennsylvania

CRAs will generally not be able to discover criminal records that have been either expunged or shielded under the Clean Slate Act. CRAs should not provide their employer clients with sealed records or with information that the FCRA forbids employers to use in hiring decisions. This limits the lookback period to seven years for arrests that did not result in a conviction, as well as for most civil judgments.

The Bottom Line

With its Clean Slate Act, Pennsylvania has joined many other states in shielding or expunging old criminal records for some offenses. It now shields some misdemeanors from public view when 10 years have passed without further arrests. These records are not expunged but are still available to courts and law enforcement agencies. Pennsylvania also allows individuals to petition for expungement in certain situations.

How Long is a Background Check Valid?

Thu, 14 Mar 2024 15:15:58 GMT

Key Takeaways

Most employers conduct a background check when hiring. This minimizes the risk to their other employees, their business reputation and their customers.

However, things can change. Employees can commit a crime or engage in compromising behavior after they’re hired. Licenses and credentials can lapse. The original background check may no longer be valid.

A background check is valid for about two to five years, depending on the job and industry. It’s best practice to do a new check after that time. It’s also good to conduct a check when employees are promoted or when their responsibilities change.

How Long Is a Background Check Good For?

A background check provides a snapshot of a person’s profile at a specific point in time. Even if a person hasn’t committed a crime in the past, a background check doesn’t ensure that they won’t do so in the future. A background check never actually expires, but, after several years, you can’t be certain that an individual is as free from legal issues and other problems as they were on their hire date.

There are not any state or federal laws that mandate ongoing screening or answer the question, "How long does a background check last?" for employers. However, a general rule of thumb is that a background check is good for about two to five years. An organization needs to assess how much risk it is exposing itself to by letting employees (and volunteers) work year after year without additional screening. Groups that work with vulnerable populations – for example, health care providers and those that work with children, the elderly and the disadvantaged – need to be especially vigilant that people on their staff have not done something problematic.

Because of this risk, many employers have instituted rolling background checks or some other form of continuous screening. In addition, employers should consider new background checks for persons who have been promoted or have undertaken additional responsibilities. Often such employees will now have access to sensitive company data or will be in a position to positively or negatively impact those they supervise. A background issue that wasn’t significant for an entry-level employee may be unacceptable for someone with greater responsibility.

Also, organizations that use volunteers, such as camps and youth programs, should be particularly vigilant about ongoing screening. Often, people who should not be around vulnerable populations will seek out these volunteer positions, and there may not be any red flags in a point-in-time background check. Background checks every two years reduce the risk that people like this can pose.

What Makes a Background Check No Longer Valid?

For one thing, a previous background check should no longer be considered valid if an individual has taken on new responsibilities. For instance, a person who will now be driving a company vehicle should be re-screened with a check that includes a motor vehicle report. A person who now works with children, the elderly or those seeking healthcare should be screened again with a higher degree of scrutiny. Employees who now have access to sensitive data or control over the expenditure of company funds should be re-screened, and a company should consider ongoing screening for these about every two years.

A background check is a point-in-time snapshot, and its validity erodes with the mere passage of time. While there’s not a specific date when the background check becomes invalid, the older it is, the more likely that something has happened that renders that background check no longer accurate.

An obvious example is when a person with a previously clean criminal record commits a crime. A person who is driving company vehicles could have been convicted of a DUI. Also, there could be issues with professional licensing. The person may have failed to renew the license. They may have been disciplined by their profession’s governing board for an infraction of professional regulations. Regular background checks are an ideal way to catch these incidents that could hurt the organization.

Certain industries are more susceptible to employee actions that would put them at risk. A background check in healthcare, for example, needs to be up-to-date with regard to criminal background checks, license verification, abuse and neglect registry checks and sex offense registry checks. In this and other fields such as child care, elder care and transportation, it’s wise to assume that your background check is invalid after about two years and to conduct a new one.

Why Is There a Time Limit On Background Checks?

While a person’s background check to some degree predicts what that individual will do in the future, it does not do so fully and accurately. People change, and their background profile two to five years ago may not be the same as it is today.

Employers recognize a time limit on background checks for some of the same reasons that they conduct background checks while hiring. These checks increase workplace safety, reduce risk to other employees and protect customers and clients. They safeguard company assets. They prevent damage to a company’s reputation.

Employers that do not impose a time limit but continue to rely on outdated background checks are taking an unnecessary risk. They may find themselves employing unreliable individuals in positions of financial and personnel responsibility. They may be allowing unsafe workers to interface with vulnerable populations. They be unaware of people on their staff who have recent criminal violations or have engaged in irresponsible behavior. They may be employing professionals without proper licenses and credentials.

People change, credentials change and job responsibilities change. Unless employers recognize a time limit on background checks, they cannot be sure that they are properly screening the people who can make or break their company’s reputation.

The Bottom Line

Background checks are an important tool to ensure that employees and volunteers are qualified for the job, have the required credentials and have not committed crimes or engaged in other behavior that would put an organization at risk. Most employers conduct these background checks during the hiring process.

However, a background check isn’t valid forever. People change and job responsibilities change. People can commit new crimes, fail to renew licenses or engage in behavior that compromises the company. To protect against this, employers should regard background checks as no longer valid after two to five years. They should institute a screening process for current employees that keeps background checks current.

Los Angeles County Date of Birth Redaction

Fri, 23 Feb 2024 15:47:37 GMT

Written by: Eagle Eye Screening Solutions

A recent announcement by the Los Angeles County Superior Court raises concerns for background checks. The court will no longer include birth month and year when searching for criminal records, impacting both online and physical searches. This change, effective February 23, 2024, could lead to:

Delays in background checks: Matching individuals will be more challenging, potentially slowing down the process.
Underreporting of criminal records: Without birth date details, some relevant criminal records might be missed.
Increased risk for employers: Incomplete background checks could pose a potential risk for businesses when hiring.

Matching Challenges without Birth Dates

Excluding birth month and year from searches significantly complicates consumer data matching. Here's why:

Data Overlap: When multiple individuals share the same name, birthdates act as a crucial differentiator. Without them, Consumer Reporting Agencies (CRAs) face difficulties in conclusively matching information to the correct applicant. This can result in under-reporting of criminal records, potentially posing risks for organizations relying on background checks.
Common Names: Common Names: Names like "Michael Johnson'' or "Emily Miller" are prevalent, and relying solely on names for searches can lead to false positives. Without birth dates, distinguishing between individuals with the same name becomes nearly impossible, requiring additional investigation and potentially delaying the process.
Aliases and Nicknames: Many individuals use aliases or nicknames, which further complicate accurate matching in the absence of birthdate information. This could lead to missed matches, potentially overlooking relevant criminal records.

Overall, the removal of birthdates creates a complex puzzle for matching consumer data, potentially leading to inaccuracies and incomplete information in background checks.

Implications for CRAs:

This change will significantly increase the difficulty and timeframe for accurately matching certain candidates to criminal records in Los Angeles County.
Background checks involving Los Angeles County residents are expected to experience severe delays due to the lack of crucial search criteria.

This change applies to both individuals seeking background checks and organizations relying on them for various purposes, like employment screenings.

Recommendations for CRAs:

Be prepared to face extended turnaround times for background checks involving Los Angeles County residents.
We advise exploring alternative data sources and verification methods in conjunction with court records to maintain the integrity of background checks.

The Fair Credit Reporting Act (FCRA) and Accuracy

The FCRA, a federal law overseeing consumer reporting agencies (CRAs), mandates ensuring the accuracy and completeness of information, including details in background checks. Removing birth date information from searches could potentially impact the accuracy of such reports.

Los Angeles City Fair Chance Initiative

Tue, 06 Feb 2024 19:08:39 GMT

Written by: Eagle Eye Screening Solutions

Key Takeaways

The city of Los Angeles has a Fair Chance Initiative for Hiring Ordinance (FCIHO). This is a “Ban the Box” regulation, similar to those that now exist in other jurisdictions, and it limits how employers may ask candidates about criminal history, when they may conduct background checks and what they may do with the information.

Nationwide, the trend is toward stricter regulation regarding criminal background checks, so employers and CRAs need to understand this law and related laws and adjust their practices to comply.

What is FCIHO?

The Los Angeles city Fair Chance Initiative is an ordinance intended to give former criminal offenders better employment opportunities by restricting how employers can ask about and consider a criminal past in hiring decisions. It applies to private employers and city contractors. The ordinance has been in place since 2017.

Initiatives such as FCIHO are often called “Ban the Box” laws , in reference to the checkbox on some job application forms asking whether the applicant has a criminal record.

Los Angeles sees FCIHO not only as a benefit for ex-offenders but also in the public interest. Former offenders who are employed are less prone to recidivism and less likely to require the support of public services.

Some of the provisions of FCIHO are:

All job advertising must include a statement of compliance with FCIHO.
Employers may not ask about a criminal record on a job application or in an initial interview.
Employers may not order a criminal background check until they have made a conditional job offer.
Convictions are the only type of criminal record employers may consider in a background review. They may not rescind a job offer based on arrests that did not result in conviction.
Employers must evaluate convictions on a case-by-case basis. They may not rescind the job offer unless the offense creates a risk for the specific job in question or a general risk in the workplace. They must consider the nature and gravity of the offense as well as how much time has elapsed.

If the employer decides to take adverse action and rescind the employment offer, they must produce written documentation which includes an individualized assessment of the candidate.
The applicant has the right to rebut a negative appraisal with suitable evidence, including employment history, evidence of rehabilitation and personal references.

What is LA County's Fair Chance Hiring Initiative?

Los Angeles County has also launched an initiative to encourage businesses to adopt fair hiring practices and give former offenders a better chance to compete for jobs. The effort is similar to and has the same intent as the FCIHO of the City of Los Angeles. The ordinance prohibits private employers and city contractors from including inquiries into an applicant’s criminal history.

It should be noted that nothing in Los Angeles City or County bans the use of criminal background checks or prevents an employer from rejecting a candidate based on a criminal conviction. Ordinances do, however, restrict when in the process an employer can order such a check, and they set limits about how an employer may refuse to hire.

How Does FCIHO Affect CRAs?

FCIHO regulations apply to companies that actually do hiring as opposed to organizations like CRAs that conduct background checks at an employer’s behest. CRAs are not directly affected because they don’t request background checks or decide whether to hire.

However, it’s important for CRAs to understand ever-evolving regulations, in Los Angeles and elsewhere, and how they affect what employers can and cannot do. The best CRAs add value by advising the employers who engage them on when and how to order criminal records searches. It’s an increasing challenge for employers, especially those that hire in multiple jurisdictions, to exclude potentially dangerous employees while complying with the assortment of federal, state and local laws. It helps when a knowledgeable CRA can assist employers in this.

California Background Check Laws

Since 2018, California has had Fair Chance legislation similar to Los Angeles’ FCIHO. This law also bans asking about criminal history before extending a tentative job offer. It also limits what criminal history an employer may consider and how they may consider it. It lays out the steps that an employer must take if they decide on adverse action based on a background investigation.

California expanded its Fair Chance Act in 2023. The new legislation extends the scope of who is considered an employer and an employee. Companies with employees working in Los Angeles must comply with both Los Angeles and California fair chance provision, including details around the documentation that they must provide the applicant.

California limits what a CRA may provide an employer in a background check. No report may contain an arrest, indictment or complaint that did not result in a conviction. Convictions more than seven years old may not be listed. The California legislature often proposes and debates even more restrictive Fair Chance laws.

There are other California regulations that make background searches a challenge in that state. Due to a 2022 court decision, date of birth has been redacted from criminal records that are available online. CRAs can no longer use DOB as a search field in their California online processes. Driver license numbers have been removed from the searchable databases as well.

In many cases, a person’s name is the only identifier that can be used to search. Very few names are unique, so a physical visit to the courthouse will often be required to validate that a particular criminal record actually applies to the person being investigated.

Bottom Line

The Los Angeles FCIHO restricts employers from asking a candidate about criminal history. Employers may not order a background check until they have made a conditional offer of employment. There are limits to how they may use criminal history to rescind the job offer and processes they must follow if they do rescind. Los Angeles employers are subject to California law, which mandates similar rules around hiring and criminal records. In addition, California has removed data such as DOB from online court records, requiring extra effort for CRAs that do background checks.

In Los Angeles and throughout the nation, there is a trend toward more regulation concerning hiring and criminal background searches. It’s an ongoing challenge to continue to provide effective yet compliant background reports. CRAs can turn to Eagle Eye Screening Services as a wholesale background search provider. We keep abreast of the latest changes in all jurisdictions, and we have the resources to provide thorough and legal searches of courtroom records throughout the nation.

Does a Felony Go Away After 7 Years?

Fri, 02 Feb 2024 15:31:37 GMT

Key Takeaways

In most cases, felonies never “go away.” The exception is an expungement, which erases all traces of a conviction and makes it as though it never existed.

The federal Fair Credit Reporting Act (FCRA) has a seven-year rule, which restricts credit reporting agencies (CRAs) from reporting certain information, including arrests more than seven years old that did not result in a conviction.

While the FCRA does not prohibit the reporting of convictions, several states have laws that prohibit CRAs from reporting convictions more than a certain number of years old.

Do I have to disclose a felony after 7 years?

Does a felony go away after 7 years? If the conviction has been expunged , it does, regardless of how old it is. You never have to disclose it, and you can legally state that it never took place. Expungement removes all records of a crime. In the eyes of the law, it never happened.

For felonies that have not been expunged, you may or may not be obligated to disclose the felony during a job search, depending on state and local laws. There are situations where it may be best to disclose it even if you don’t have to

Many states have ban-the-box laws. In those states, a potential employer is not allowed to ask you about felony convictions, and you are not obligated to disclose them. However, they are allowed to order a criminal background check, and, even if they have made you a conditional job offer, they may (under certain circumstances) withdraw it based on what they find. Once they have reached the point where they’re about to order a background search, it may be best to be up-front with them about what they are going to discover. In many cases, they aren’t allowed to withdraw the job offer unless your crime creates a specific risk for the specific job in question.

A few states do not allow background check providers to report felonies more than seven years old. Even though an employer won’t learn about these from their CRA, they are still a matter of public record and the employer may discover them in some other way. In most of these states, employers won’t be allowed to use that information in the hiring decision even if they discover it.

What is the FCRA’s Seven-Year Lookback Period?

The Federal Credit Reporting Act governs, among other things, how credit reporting agencies and employers can collect and share information about individuals such as job applicants. The FCRA contains a seven-year rule. It applies in all 50 states and to jobs that pay less than $75,000 per year. It restricts background checks from reporting some types of records that are more than seven years old.

It disallows reporting of old arrests that did not result in a conviction. It also prohibits the reporting of civil judgments and lawsuits, paid tax liens, collection accounts and Chapter 13 bankruptcies that are more than seven years old. If a CRA discovers any of these records, they may not report them to the employer that engaged them.

FCRA in no way restricts the reporting of actual convictions, no matter how old they are. Furthermore, it doesn’t restrict the reporting of employment history, professional license information or other non-criminal background information. Employers are allowed to ask applicants about any of these going back to age 18.

The clock starts to run on the seven-year window on the file date of the arrest, not on the date when charges were dismissed or the person was found not guilty.

Although the FCRA does not restrict the reporting of old felony convictions, several states have laws that do so.

What States Follow the Seven-Year Rule for Convictions?

10 states have gone a step further than the FCRA rule. These disallow the reporting of convictions more than seven years old.

Hawaii, California, Montana, Massachusetts and New Mexico prohibit the reporting of convictions more than seven years old, regardless of what the job pays. However, some types of employers, such as schools and law enforcement agencies, are accepted in some states. Hawaii also bars reporting of misdemeanors more than five years old. The clock begins to run on the time period on the disposition date, the incarceration release date or the start date of parole. These states also forbid reporting arrests that resulted in dismissal or a not guilty verdict, regardless of age. However, they may allow reporting of open cases that do not yet have a disposition.

Kansas, Maryland, New Hampshire, Washington and New York also have a seven-year restriction on reporting convictions. However, the laws apply only to jobs paying $20,000 per year or less ($25,000 in New York). Because of minimum wage laws, these restrictions apply only to low-paying jobs that are mostly part-time.

What States Expunge Old Criminal Records?

There are also states that have passed clean slate laws . These seal or expunge records of misdemeanors and some felonies more than a certain number of years old. Seven years is a typical cutoff for felonies. In these cases, CRAs normally won’t be able to uncover a record of the convictions.

California, Colorado, Connecticut, Delaware, Michigan , New Jersey, Oklahoma, Pennsylvania, Utah and Virginia have enacted clean slate laws that are already in effect or soon to go into effect. The waiting period for expungement varies. Depending on the state, some crimes, such as sex offenses, domestic violence and offenses involving firearms, are not expunged. Also, some states have expungement laws that are specific to cannabis offenses.

Bottom Line

The FCRA prohibits CRAs from reporting arrests more than seven years old if they did not result in a conviction. Some states go a step further and disallow the reporting of convictions that are more than seven years old.

Convictions don’t go away just because a CRA no longer may report them to an employer. They’re still a matter of public record, and they can be discovered in ways other than a background check. However, some states expunge some convictions more than seven (or some other number of years) old. In these cases, convictions really do go away. In the eyes of the law, the crime never happened, and former offenders can legally state that they were not convicted.

What are Ban-the-Box Laws?

Tue, 30 Jan 2024 15:59:05 GMT

Key Takeaways

Ban-the-box is a nationwide movement to restrict employers from asking applicants about criminal records early in the hiring process.

Many states and municipalities have enacted ban-the-box laws. Furthermore, some have passed related laws that restrict when a criminal background check may be ordered and how criminal records may be used in a hiring decision.

There is limited consistency between jurisdictions in these laws. Employers must understand and comply with the laws everywhere that they hire. A knowledgeable CRA with nationwide scope can help employers conduct effective background checks while complying with all ban-the-box laws.

What are Ban-the-Box laws?

Over 70 million Americans have criminal records that make it hard for them to gain employment. There’s a growing recognition that limiting job opportunities for these people is harmful not only to them but also to society as a whole. Former offenders who are unemployed create a strain on social services, and they are more likely to break the law once more.

In recognition of this, many states and municipalities have enacted ban the box laws. These are so named because of the check box that has often appeared on application forms asking whether the candidate has a criminal record. All ban-the-box laws outlaw this question on an application and in initial interviews. Many of the laws prohibit an employer from ordering a criminal background check before the employer has made a tentative job offer. They also may restrict whether the employer can rescind the offer based on what it discovered in the background search .

Ban-the-Box States

The first ban-the-box law was put in place in Hawaii in 1998. Now, at least 36 states plus a number of counties and cities have enacted some level of ban-the-box legislation. These regulations vary as to which employers they affect and how restrictive they are.

Some cover only public employers, but many cover private employers as well. Many laws that cover private employers exempt those with only a handful of employees.

Some are very specific about how employers may order criminal background checks. Many jurisdictions require an employer to evaluate the candidate and make a tentative hiring decision before checking for criminal history. In these locales, employers may not check for criminal background before making a conditional job offer. In some jurisdictions, employers may rescind the job offer only if the specific offense affects the specific job in question. They must advise the candidate of their decision in writing and give the candidate an opportunity to rebut.

There is also a federal Fair Chance to Compete for Jobs Act, effective since December, 2021. It prohibits federal agencies and contractors from investigating criminal background before making a conditional job offer.

How Ban-the-Box Affects Your Hiring Process

The first step is to understand whether you are hiring in any ban-the-box jurisdiction. You have to be aware of both state and local laws and whether they apply to you as an employer or to the employees you’re hiring. In some jurisdictions, not all employees are covered, and sometimes laws apply only to companies with some minimum number of employees. For example, companies with fewer than 10 employees might be exempted.

If you are subject to any ban-the-box laws, ensure that your hiring procedures are updated to comply. It’s good to provide training for everyone involved in the process. If you decide to take an adverse action and refuse to hire a candidate with a criminal past, make sure you understand the process you must follow. You may have to make an individual assessment of the situation. You may have to provide the applicant with specific documents regarding your evaluation and the candidate’s rights.

Your hiring procedure should be documented in writing, and all the relevant people need to understand and follow it.

What Does Ban-the-Box Mean for Employers?

There is a trend toward greater regulation around what an employer may and may not do in investigating and using criminal records. Most employers want to follow the law, provide all applicants with a fair chance and have access to the pool of good candidates who have a criminal indiscretion in their past. At the same time, they don’t want to hire people who create risk to current employees, the company’s assets or the company’s reputation.

With ban-the-box law constantly evolving, companies have a need to keep abreast of all the changes. They still need to vet candidates and exclude those who do indeed create a risk. Partnership with a knowledgeable CRA is more important than ever. They need CRAs who keep up with the latest regulations and have the expertise to conduct searches that are thorough and effective and that comply with every ban-the-box law.

What Does Ban-the-Box Mean for CRAs?

Ban-the-box laws address applications, interviews and the use of criminal records in hiring decisions. CRAs don’t directly do any of these things, but that doesn’t mean they can’t support their employer clients.

First, they should keep abreast of all ban-the-box laws and advise employers on when they can order background searches. Furthermore, they should avoid returning reports to employers containing information that the employers aren’t allowed to use. For example, some states don’t allow employers to rescind a job offer based on an arrest that didn’t result in a conviction. In addition, there are jurisdictions that don’t allow employers to consider an offense that occurred more than seven years (or some other number of years) in the past. CRAs have the opportunity to be a valuable asset in helping employees comply with the ban-the-box laws.

Bottom Line

Ban the box law limits when employers can ask candidates about criminal history and limits what they can do with the information when they do discover it. Most states and many municipalities have at least some ban-the-box restrictions. All these laws forbid asking about a criminal record on an application form. Many require a conditional job offer to precede a background check and limit how criminal history can be used to rescind a conditional offer.

The trend toward more restrictions and the mishmash of state and local laws makes it a challenge for employers and CRAs to conduct effective searches while complying with the laws. It is increasingly important for CRAs to partner with an experienced wholesaler such as Eagle Eye Screening Services. We have the nationwide scope to keep abreast of the latest laws and provide effective searches in a complex environment.

A Guide to Employee Data Privacy Laws for CRAs

Fri, 22 Dec 2023 20:39:01 GMT

Key Takeaways

There is no federal law that explicitly addresses employee data privacy. There are federal laws that touch on the issue, and there are some state data privacy laws.
Employers and CRAs can be subject to sanctions for violating provisions of federal laws that indirectly address data privacy. They may also be subject to civil action from employees whose privacy has been violated.
Regardless of the laws, employees should follow best practices to safeguard employee data privacy.
The national trend is toward more regulation concerning what data employers and CRAs may collect and how they may go about doing it.

Employee Personal Information Protection Laws

There are not any federal laws that explicitly address employee personal information protection. Laws such as the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transaction Act (FACTA), the 1974 Data Privacy Act and the Health Insurance Portability and Accountability Act (HIPAA) indirectly speak to employee data protection. The Americans with Disabilities Act (ADA) addresses the confidentiality of employee medical records. Some states, such as California , have enacted data privacy legislation.

Generally, employees do not have a right to expect privacy in the workplace, and employers may use drug testing , workplace surveillance and lifestyle discrimination as a condition of employment. Employers may not, however, disclose private information, or they could be held liable for invasion of privacy.

What is the Data Protection Act in the US?

The American Data Privacy and Protection Act (ADPPA), introduced in 2022, is a federal bill that would replace the current patchwork of privacy laws with a comprehensive structure of privacy rights and an oversight and enforcement mechanism. It was not enacted in 2022 or 2023. However, the idea has bipartisan support, and it could become law in the future.

Provisions of ADPPA include:

The right of individuals to access their personal information.
The right to have personal information deleted.
The right to correct inaccurate personal information.
The right to opt out of sale of this information.
Restrictions on how organizations can collect and use such information.
A requirement for organizations to implement reasonable security measures
Formation of a Federal Privacy Commission to enforce the new regulations.

US Data Protection Laws

The European Union has its General Data Protection Regulation (GDPR), but there is no equivalent overarching security law in the US. Instead, there is a mishmash of state and local laws, and there are federal laws that indirectly address data protection.

The 1974 Privacy Act governs the collection and use of personal information by federal agencies.
The Fair Credit Reporting Act (FCRA) restricts what data employers may collect about applicants and how they may use it.
The Fair and Accurate Credit Transactions Act (FACTA), a 2003 amendment to FCRA, mandates the secure disposal and destruction of consumer data.
The Health Insurance Portability and Accountability Act (HIPAA) regulates the protection of personal information held by healthcare providers.

None of these specifically address employee data privacy. California has enacted the California Consumer Privacy Act (CCPA), which is a comprehensive privacy law similar to the EU’s GDPR. At least five other states have similar laws pending. In addition, many states have extended the provisions of the FCRA with additional regulations around collecting data in the course of background checks.

Employee Data Protection Best Practices

Because of the jumble of privacy laws, there isn’t a legal template that employers can implement to ensure employee data privacy. Here are some practices they should consider in the absence of a comprehensive data security law:

Keep abreast of developments in data privacy legislation.
Establish written procedures for handling employee data. Ensure that management and employees are aware of these procedures. Where it’s required, obtain employee consent for data handling.
Work with the technology department to design and implement data security procedures. This includes encryption, secure storage, restriction of access and secure destruction of data that is no longer required.
Restrict data access on a need-to-know basis. Regularly review permissions to ensure all access is authorized and necessary.
Regularly review what is being stored to ensure you are retaining only data that is necessary for business.

What Happens to an Employee’s Data Once They Leave a Company?

Laws around the retention of employee data are vague. There are no specific maximum or minimum time limits, other than to state that data should be kept no longer than necessary. Any data no longer required, either digital or on paper, must be securely destroyed.

The Equal Employment Opportunity Commission (EEOC) requires that employee personal information be retained for at least one year. Payroll information must be kept for three years.

It’s a common practice for employers to destroy personal information after three years. They may retain it longer if there are court disputes that may require it. An individual may request that their former employer destroy their personal data. However, the employer is under no obligation to accede to this request. They will not do so if federal and state laws require them to retain it.

How Does Employee Data Privacy Affect CRAs?

CRAs are in the business of collecting data, including data from previous employers, and data privacy restrictions limit what data they are permitted to collect as well as what they use it for. Many of the restrictions are due to state and local laws. For example, in some jurisdictions, CRAs may not be able to discover and report older criminal records .

Employers and CRAs are already required to obtain consent from potential employees before conducting background checks. They must make a copy of the background report available to the applicant and give them the opportunity to dispute inaccuracies.

Data privacy laws are likely to become more restrictive about what personal data is available and how it may be used. This will present a greater challenge to CRAs in conducting effective yet legal background checks.

Bottom Line

There is no comprehensive federal data privacy law, although it’s possible that one will be enacted in the next few years. In the meantime, employee data privacy is governed by state laws and indirectly by the provisions of several federal laws. Employers need to establish their own best practices for safeguarding employee data.

The trend is for less and less employee data to be legally available and usable by employers and CRAs that conduct background checks. That's why CRAs should rely on a background check wholesaler such as Eagle Eye Screening Solutions. We keep abreast of the most current federal, state and local law, and we have the technology and the nationwide scope to compliantly provide the information that employers require.

Ban the Box Laws: What They Mean For Employers

Mon, 18 Dec 2023 20:16:22 GMT

Key Takeaways

Ban the Box laws prohibit employers from asking about criminal arrests or convictions in the initial application process.
At least 37 states, plus more than 150 cities and counties, have enacted Ban the Box laws. They vary as to which employers they cover and at what point in the hiring process employers may inquire about criminal records or order a background check.
Ban the Box is a challenging issue for employers, as employers must navigate a patchwork of state and local laws. Failure to compliantly do so can result in significant penalties.

What is Ban The Box?

Ban the Box is a nationwide movement aimed at prohibiting employers from inquiring about a candidate’s criminal history early in the hiring process. It derives its name from the checkbox next to a question about criminal history that may appear on application forms in jurisdictions where it’s still permitted.

According to Ban the Box advocates, the campaign is beneficial not only for 70+ million Americans who have this kind of blot on their record. It’s a plus for companies that might otherwise overlook valuable potential employees. It’s good for society at large, as ex-offenders who are employed are less likely to get in trouble again and also less likely to burden public social services.

Ban The Box Laws

Most Ban the Box laws are state and local locals. They vary as to which employers they cover and what the restrictions are. Most state Ban the Box laws cover public sector employment only. In states that do constrain private employers, some laws apply to all companies while some restrict only companies with some minimum number of employees.

Some of these laws apply only to the upfront application process, prohibiting inquiry about criminal history on the initial application and sometimes in the initial interview. Others require that an employer make a conditional job offer before inquiring into criminal records or conducting a background check.

A federal law, the Fair Chance to Complete for Jobs act, took effect in 2021. It impacts federal agencies and also federal civilian and defense contractors. These employers may not inquire into criminal history before a conditional offer of employment has been extended.

Some private employers, including Target, Walmart, Starbucks and Facebook, have chosen to ban the box even in jurisdictions where it is not required.

Ban The Box States

In 1998, Hawaii enacted a law restricting how employers may ask applicants about criminal history. By now there are at least 37 states and over 150 counties and cities that have adopted Ban the Box laws. About four-fifths of American citizens live in a region where some kind of Ban the Box law is in effect.

In at least 15 states and 22 cities and counties, restrictions apply not only to government agencies but also to private companies. The states include California , Colorado, Connecticut , Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.

Some state laws prohibit criminal inquiry only on the initial application and allow it after that. Others require the employer to evaluate the candidate and make a conditional job offer before looking into a possible criminal past. There are states that don’t allow, at any time, an inquiry into a criminal proceeding that did not result in a conviction or has been otherwise set aside .

What is Adverse Action?

Adverse action takes place when an employer chooses not to hire, retain or promote an individual based on a past criminal record. It is addressed as a provision of the federal Fair Credit Reporting Act . The FCRA lays out the steps that employers must follow when they take adverse action based on what they have discovered in a background check. The most significant steps are:

Employers must provide the individual with a pre-adverse action notice and include a copy of the background report and a Summary of Rights.
They must give the individual an opportunity to dispute or otherwise respond to the report.
If they proceed, they must give the candidate final notice that they are taking adverse action.

In many jurisdictions, adverse action requirements are more stringent than what the FCRA sets forth.

What Ban the Box Laws Mean for Employers

Even without Ban the Box laws, employers face a challenge: most companies want to offer a fair chance to applicants who have committed past indiscretions and at the same time protect the safety of the workplace as well as their own reputation.

With these laws, there is a mishmash of regulations that employers must observe in their hiring processes. This is a particular issue for companies that do business in multiple states. The screening process, never a simple one, continues to become increasingly complex. Companies that run afoul of any of the laws risk fines and other sanctions. More than ever, employers should rely on the expertise of a CRA with national scope to navigate the compliance minefield.

It’s important to note that employers may still order background checks and conduct related screening processes . The may still reject a candidate on the basis of a criminal history. The various laws dictate when in the process they may conduct that check. If the check reveals a criminal past, some laws restrict whether they can use it as a reason not to hire. Most such laws dictate that a criminal history may not be used adversely unless the offense specifically compromises the candidate’s ability to perform the job in question or it creates a safety risk in the workplace.

The Bottom Line

Some form of Ban the Box law exists in most jurisdictions within the U.S. These prohibit employers from asking about criminal records on the initial job application. Some apply to public agencies and government contractors, but others affect private employers as well. Many go further than banning the box by prohibiting such inquiries until the employer has made a conditional offer of employment.

The mishmash of state and local regulations makes it a challenge for employers to be aware of and comply with all the restrictions. Employers will be wise to rely on experienced CRAs to navigate the regulatory environment. CRAs in turn should engage a trusted background check wholesaler such as Eagle Eye Screening Solutions. We have the experience, the technology and the nationwide reach to provide effective and compliant searches in today’s challenging conditions.

Employers Guide to Second Chance Hiring

Mon, 11 Dec 2023 21:50:33 GMT

Key Takeaways

There are over 70 million adults in this country who have trouble finding work because of a criminal history. This creates a problem and an opportunity. The problem is that unemployed ex-offenders create a strain on social services and are more likely to re-offend. The opportunity is a large pool of potential employees ready and eager to go to work.
Companies that become second chance employers can draw on this large pool and gain employees who work hard and are motivated and intensely loyal.
Businesses are more likely to succeed as second chance employers if they adhere to some best practices.

What is Second Chance Hiring?

Second chance hiring is the practice of hiring individuals with a criminal record. This is obviously beneficial to the person being hired, but that’s not the only reason it’s done. There are at least 70 million Americans with a criminal record. Many have old offenses that have little impact on their potential as employees. This group represents too large a pool of talent for employers to ignore.

Today, when companies are struggling to find enough workers, those that become second chance employers can gain a competitive advantage. HR departments in these organizations have found that ex-offenders are as good as or better than other employees. They also tend to be more loyal to the company that gave them a second chance.

Additionally, second chance hiring is good corporate citizenship because it is beneficial to society as a whole. Former offenders who have a job are less likely to re-offend. They also relieve taxpayers of the cost of social services required by unemployed people.

What are Second Chance Employers?

Second change employers are the employers that practice second chance hiring. Large and influential companies are getting on the second chance bandwagon. Several of them have formed the Second Chance Business Coalition. The SCBC recognizes a responsibility to allow people with criminal records to fairly compete for employment and advancement opportunities.

The membership list reads like a who’s who of American business, as it includes companies as diverse as JP Morgan Chase, Best Buy, Cisco, DICK’s Sporting Goods, General Motors, Home Depot, McDonald’s, Microsoft, Target, Proctor & Gamble, Verizon, Visa, Walmart and quite a few other recognizable names.

Second chance hiring isn’t just for large corporations. Small and medium-sized businesses can both contribute and benefit by adopting the practice.

Pros of Second Chance Hiring

There are a number of ways in which second change employees can help businesses achieve their goals and set themselves up for a successful future:

Large talent pool. Over 70 million Americans have criminal records. This large and diverse group includes many individuals who have skills that businesses need. To look at it another way, employers who eschew second chance hiring are eliminating a large portion of the labor pool out of hand.
Good and loyal workers. The overwhelming majority of HR managers find that second chance workers are as good as or better than the general employee population. These people are thankful for the second chance and tend to be intensely loyal. They’re eager to prove themselves and make their employers successful.
Reduced turnover. Another benefit of their loyalty is that second chance employees are less likely to quit.
Tax breaks. In some cases, there are federal and state tax credits available though Work Opportunity for Tax Credit (WOTC).

Cons of Second Chance Hiring

For most employers, the arguments for second chance hiring outweigh the drawbacks. However, this type of hiring is not without risks:

Possible recidivism. You can never guarantee that these employees won’t relapse and commit new offenses. Perhaps the biggest risk is parole violation. Having someone removed from the workforce by law enforcement can hurt your company’s reputation and make other employees uneasy.
Workplace danger. An ex-offender could revert to some former behavior and create a hazard in the workplace.
Employee skepticism. Some of the other employees may fear that working with ex-offenders is unsafe. They may also suspect that second chance hires are being treated more favorably.

Best Practices for Second Chance Hiring

To be successful, employers must app roach second chance hiring thoughtfully and methodically. Here are some best practices :

Keep business goals foremost. Remember that you are hiring second chance applicants not to do them a favor, but because you want the best person for the job. Don’t pass over a more qualified applicant to hire a less qualified second chance applicant.
Do your research. Consider what impact this hiring will have on your work culture and on your other employees. Connect with second chance organizations such as SCBC to learn what has and has not worked.
Update hiring procedures. You are already required to comply with state and local laws in inquiries about criminal history. Second chance employers may have to go a step further than these laws . Implement a written policy that describes how you will evaluate past criminal offenses and specifies which people you will and will not consider for employment.
Provide skills training. This is an opportunity to look at second chance skills training in the context of overall training for all your employees. In particular, it may provide the impetus to establish a mentoring practice within your organization. This can be of particular value to returning citizens who have recently been in prison. A mentor can help them with the daily tasks of interacting with their coworkers and ensure that the overall transition process is going well.
Be transparent yet protect confidentiality. Your entire workforce needs to know that you have become a second chance employer. You should be open about your new policies and procedures. Answer employee questions and address their concerns. However, you should never let it become known which employees have a criminal history.
Be inclusive. Don’t treat second chance employees in ways that are different and make them feel like outsiders. You might consider bringing in second chance employees from other companies to address your entire workforce about how the program has worked in their organizations.

Bottom Line

Employers that become second chance employers have access to a large applicant pool that they may otherwise overlook. Ex-offenders are generally as good as or better than other employees, and are extremely loyal. Second chance hiring is not an act of altruism but rather an opportunity to choose the best person for the job from a wider field. Companies that succeed with second chance hiring are those that do so thoughtfully and methodically, adhering to best practices.

What Does Disposition Mean on a Background Check?

Fri, 24 Nov 2023 19:53:00 GMT

Key Takeaways

A disposition is a court’s determination concerning a criminal charge.
“Convicted” and “acquitted” are not the only dispositions. There are about eight dispositions that can result from an arrest and court proceeding.
Disposition is different from criminal sentencing.
If a job candidate has a criminal record, an understanding of the various dispositions is critical in evaluating the candidate. You must also understand the restrictions on how court data such as disposition can be used.

What Is Disposition?

A disposition is the court’s final determination regarding a person arrested for a criminal offense. “Convicted” (guilty) and “acquitted” (not guilty) are common dispositions, but there are others. For example, the charges could be dismissed, or the proceedings could be deferred while the person completes a diversionary program.

Most dispositions on criminal records are final dispositions, but a disposition can also be pending. Pending dispositions can change as the court proceedings play out.

A disposition relates to one specific offense. If a defendant is charged with three crimes resulting from the same arrest, each of them will have its own disposition.

What Does Disposition Mean?

If a person has been arrested, there is likely to be a record that will turn up on a criminal background check, even if the person was not ultimately convicted of the crime. In these cases, it’s important to understand each disposition meaning law provides for. If the individual pleaded guilty or was found guilty, there is a crime that an employer may want to take into consideration. There may be other dispositions of interest to an employer.

A background check will often find criminal cases that are in process. If the disposition is “pending” or “awaiting disposition,” there’s a possibility that the person may be found guilty in the near future. Similarly, if the disposition involved probation or deferred sentencing, it’s possible that person will violate the court’s terms, causing a change in the disposition to “convicted.”

Whenever an employer is looking at a criminal record, regardless of disposition, they must comply with the Fair Credit Reporting Act (FCRA) , which regulates how a criminal background search may be ordered and what may be done with the results. Employers and CRAs must also comply with state and local laws that may put additional restrictions on the use of background checks. Companies may not unfairly discriminate against applicants with criminal records.

What Is a Disposition Hearing?

Despite its name, a disposition hearing does not necessarily determine disposition. It’s a hearing that typically takes place after an arraignment, which was when changes were formally filed.

At a disposition hearing, the defendant may enter a plea or change a plea. The accused’s attorney may ask for a delay in order to build a defense. A disposition hearing is a step along the path to reaching a disposition, but does not necessarily determine what the disposition is.

What Does Sentencing Mean?

A sentence is the consequence imposed on a convict as a result of pleading guilty or being found guilty. It could be a fine, a jail sentence, community service or probation. There may be a deferred jail sentence that will be imposed only if the person fails to comply with conditions set by the court, such as completing a diversionary program or avoiding subsequent offenses.

The sentence will often appear on a criminal record from a background search. You might see the date of the conviction and the length of any jail sentence.

Disposition vs. Sentencing: What are the Differences?

A disposition and a sentence both occur as the outcome of a criminal proceeding, but they are different descriptions of the outcome. A disposition tells you that the person was arrested and accused, and indicates what happened as a result. Sentencing exists only if the person pleaded guilty or was convicted.

Every criminal case should have a disposition. A disposition tells you the outcome of the case, whether the person was ultimately found guilty or not. However, if the disposition indicates that the individual was convicted, it doesn’t tell you whether they went to jail or for how long. That’s what sentencing information describes: the type of punishment, and, if a jail sentence was involved, the length.

Disposition Terms to Know

To effectively evaluate a criminal record, you need to understand disposition terminology. The wording varies from state to state, but most jurisdictions use similar basic terms to describe the outcome of a criminal proceeding. These are the dispositions that are typical found on criminal records:

Convicted. The person has either pleaded guilty or been found guilty. In some cases the disposition will be more specific, i.e., “convicted, plead guilty” or “adjudicated guilty.” In other cases you won’t know which of these applies.
Acquitted. An acquittal may occur when a person is found not guilty at trial. It might also happen when a court rules that there is not enough evidence for a trial.
No charges filed. After arrest or accusation, the prosecutor decided not to move forward. Sometimes this will be called “declined” or “dropped.”
Charges dismissed. Charges were filed but then dropped by either a judge or the prosecutor.
Pending. The case is continuing, and the disposition should change at some point.
Deferred adjudication or diversion. The court has deferred judgment. This is often done as part of a plea agreement, and if the accused meets some requirements, e.g., community service or drug or alcohol treatment, the case may be dismissed.
Suspended sentence. Sentencing is delayed. The final disposition of the case depends on whether the defendant meets requirements such as community service or a treatment program.
Sentence vacated. There was a guilty plea or verdict, but it has been set aside. The person is no longer considered guilty of the crime.

Bottom Line

Effective background searches reveal a lot about an applicant and their past. Criminal records show whether a person was convicted and what sentence they received. Records also show disposition, which is the status or outcome of a criminal proceeding. These can show more than just conviction or acquittal, for example, they might show that charges were dropped or that sentencing was deferred. They may also show that the final disposition is pending.

For accurate and compliant retrieval of criminal records, CRAs can rely on Eagle Eye Screening Solutions. Our nationwide coverage ensures that we understand the ins and outs of state and local court record-keeping and can reliably deliver information about disposition and other aspects of criminal proceedings.

Clean Slate Law: Automatic Expungement of Criminal Records

Tue, 21 Nov 2023 19:11:30 GMT

Key Takeaways

About one in three Americans has a criminal record, which creates problems not only for the individual but also for society at large. Many of these people have trouble finding gainful employment, increasing the strain on social services and the risk of recidivism.
When a criminal record is expunged, it’s as though the crime never took place. After expungement, the individual can legally attest that they didn’t commit the offense.
Most states allow offenders to apply for expungement of criminal records, but the process can be difficult and uncertain. Recently, several states have passed laws making expungement automatic for people who meet certain criteria.
The rollout of expungement in various states has been uneven, sometimes making criminal record access difficult for CRAs, even for records that they’re allowed to retrieve.

What Are Clean Slate Laws?

Clean slate laws are state laws that automatically expunge or seal criminal records. In most cases, there's a waiting period, typically anywhere from two to 10 years. Expungement is typically carried out for misdemeanors and some low-level felonies. Often there are crimes that are explicitly excluded from expungement; these may include sexual offenses, domestic violence, and crimes committed with a firearm. Generally, an offender must have satisfied all the terms of the sentence, including the completion of a prison term and parole. They must have avoided additional criminal offenses in the interim.

Clean slate laws have been enacted not only for the benefit of the offender but also for the benefit of society as a whole. About one-third of Americans have some kind of criminal record in their past, and these previous transgressions follow them around, often making it difficult for them to gain the kind of employment that would make them productive members of the community. This can force these ex-offenders, many of whom are no longer a threat to society, to rely on state-funded programs and social services. Also, people who are gainfully employed and fully participating in society as citizens are less likely to once again run afoul of the law.

In most (but not all) states, ex-offenders may apply for expungement. However, it’s typically not a simple process. For starters, individuals may not even know they’re eligible to apply. Every state has slightly different rules, and they may not be widely publicized. In many cases, the actual application process is so complex that it’s hard to navigate without the help of an attorney. A lot of former offenders simply don’t have the time, the knowledge, and the money to initiate the process and see it through to completion. Furthermore, many individuals have been convicted of more than one crime arising from the same incident, and they might have to apply separately for each one. Failure to do so could result in the expungement of only some records while leaving others on the books.

Clean slate laws have been created to allow for automatic expungement of criminal records. In clean slate states, the individual who meets the criteria set out by the law does not have to take any action. Records will automatically be sealed or expunged when the appropriate amount of time has passed. This also ensures that all ex-offenders will be treated equally. There is no decision-making board to decide whether the person deserves expungement.

These laws are recent. The first one was passed by Pennsylvania in 2018. Automated computer systems are required to carry out these laws, so the laws specify some future date when everything is expected to be in place and automatic expungement will proceed. Several states have enacted clean slate laws where expungement has not yet gone into effect.

As might be expected with new systems and new processes, rollout has been uneven. There have been glitches where criminal records in certain counties have been inaccessible to the public and to CRAs, even when those records have not been sealed or expunged. There are likely to be more states passing clean state laws, and we can anticipate that some problems associated with their implementation will be with us for a few years.

Expunged vs Sealed

Expunged records truly give the individual a clean slate. Files are destroyed and records are removed from databases. In the eyes of the justice system, the offense never existed. The individual may accurately and legally state on an application or swear in court that the offense never took place.

A sealed record, on the other hand, is still in the system. The public can’t see it, and CRAs should not be able to access it. However, a sealed criminal record can be opened by the order of a court. Individual state laws determine when and how a sealed record can be reopened.

What States Have Clean Slate Laws?

According to The Clean Slate Initiative , an organization that advocates for the passage of clean slate legislation, by 2023, 12 states have enacted legislation that meets CSI’s definition of a clean slate law. Furthermore, there are at least 19 that have some type of automatic records clearing. Some of these expunge records of marijuana offenses and of criminal procedures that did not result in a conviction.

Laws vary from state to state, and each state determines which types of criminal records will be eligible for automatic expungement. Some states will erase only misdemeanors while others extend expungement to some low-level felonies. Waiting periods vary. In some states, any court-ordered restitution must be made before records will be cleared.

Expungement is a process that’s done at the state level. At this time, federal crimes cannot be expunged or sealed.

Pennsylvania

Pennsylvania was the first state to enact a clean slate law. An automated process searches records and seals them for individuals who committed eligible offenses and have not had any convictions in 10 years.

Colorado

In Colorado, the automatic sealing of records will commence in July of 2025. Records will be sealed after four years for civil infractions and seven years for petty misdemeanors. For all but the most serious felonies, records will be sealed after 10 years. Records that did not result in a conviction may be sealed immediately.

Connecticut began automatically erasing records on the first day of 2023. This took effect for most misdemeanor convictions and also for some less serious felonies. Expungements will take place either seven or 10 years after the most recent conviction.

Delaware

In Delaware , automatic expungement will begin in August of 2024. It will be effective for most misdemeanors and some less serious felonies. Records will also be expunged when the case was “terminated in favor of the accused,” which includes acquittals, dismissal of charges, and arrests where charges were not filed within a year. Expungement will take place upon termination of the case or completion of the sentence.

Michigan

Michigan begins sealing records in 2023. Individuals who have not committed more than four serious misdemeanors (or any number of minor misdemeanors) are eligible seven years after the sentence was passed. Non-assault felonies are also eligible, provided the person has committed not more than two such crimes. These felonies will be expunged 10 years after the sentence has been completed.

Oklahoma

Oklahoma will begin automatic expungement in 2025, but only for misdemeanors and records that did not result in a conviction. Felonies will not be eligible for expungement, even if the person has been pardoned.

Utah

Utah began expungement in 2022. The slate will be wiped clean after seven years for Class A drug possession, six years for Class B misdemeanors, and five years for Class C misdemeanors and minor regulatory offenses.

New Jersey

A New Jersey law, enacted in 2019, directs the state to develop and implement a clean slate process. There is no deadline, but a temporary system has been built in the interim. In 2021, the law was amended to automatically seal records for some marijuana offenses.

Virginia

In 2021, Virginia created a process for automatically clearing dismissed cases and some misdemeanors. The state also established petition-based sealing for other misdemeanors and some felonies.

California

California , in 2022, enacted a law to expand automatic as well as petition-based sealing of criminal records. Also, arrests that did not result in a conviction will be sealed.

Minnesota

In 2023, Minnesota enacted a law that will provide manual expungement for many non-violent crimes immediately and automated expungement in 2025. Individuals will be eligible two years after sentencing for misdemeanors. For gross misdemeanors and eligible felonies, waiting periods are three and five years.

In New York, the state senate has passed a clean slate act that will provide for the automatic sealing of convictions for some offenses where the individuals have completed their sentences and met eligibility requirements.

Even in states that do not have expungement laws, there may be a procedure for setting aside or vacating the sentence. In these cases, the conviction still stands as part of the person’s record, but the set aside indicates that the sentence has been fulfilled and that there is evidence of rehabilitation. In Arizona, individuals who have had convictions set aside can obtain a Certificate of Second Chance.

How Clean Slate Laws Impact Background Checks

Clean slate laws are at most a few years old, and, in many states, the automated expungement processes have not yet been put into place. Developing and deploying computer systems can be difficult and subject to delay, so we can expect some unevenness in the rollout of clean slate laws. There are likely to be delays where automatic expungement does not begin as soon as the law has mandated that it will.

For example, in Michigan in 2023, problems with clean slate implementation temporarily blocked access to the records. In several county courts, there wasn’t any public access to criminal records at all. In some states that have passed clean slate laws, automated expungement isn’t scheduled to start until 2025.

At least a few more states will likely get on the clean slate bandwagon, and we’ll see expungement automation ramping up well toward the end of the decade.

There are likely to be scenarios in which CRAs will retrieve criminal records that they should not see and are unable to access records that they should be allowed to see. To see everything they need to see while remaining compliant, they will need to be aware of the laws throughout the country and also of problems that arise in a clean slate rollout.

Both CRAs and employers need to be aware not only of expungement laws but also of fair chance laws. These are the regulations that govern when in the hiring process a criminal background check may be ordered and what may be done with the results. These vary by state, and states are getting more restrictive about what employers may do. For example, in many states, employers may not ask about criminal background in an initial application and may not order a search until they have made a conditional offer of employment. Even if they do find a criminal record, they may not be allowed to use it in a hiring decision unless the offense directly relates to the job in question.

Clean slate laws add a new layer of potential complexity and require even more caution on the part of CRAs and employers. As criminal records become harder to retrieve and restrictions increase about how they may be used, employers will focus more on a candidate’s qualifications and less on their background. Given the shortage of skilled employees and the fact that ex-offenders are often as good or better than other hires, that can be a positive thing.

Bottom Line

Clean slate laws, enacted by several states, expunge criminal offenses for some individuals who have committed misdemeanors and less serious felonies. The move toward clean slate laws will reduce the number of criminal records visible to CRAs and employers. This is part of a continuing effort to give offenders a fresh start and make it easier for them to secure gainful employment.

The rollout of clean slate laws is likely to be uneven and give employers and CRAs a more difficult environment to navigate. To ensure the most effective searches while mitigating the risk of legal liability, CRAs will do well to partner with a trusted screening wholesaler such as Eagle Eye Screening Solutions.

Source Wholesale Background Data with Confidence.

Partner with Eagle Eye for fast, compliant solutions.

Source Wholesale Background Data with Confidence.

Partner with Eagle Eye for fast, compliant solutions.

What is Megan's Law? Sex Offender Employment Laws

Thu, 02 Nov 2023 13:55:40 GMT

Key Takeaways

Megan’s Law is a federal law that requires all states to maintain a registry of sex offenders and make the registry available to the public.
Even though sex offender information is available to employers and CRAs, states have placed restrictions on how it may be used. In most cases, sex offender registry information may not be considered in a hiring decision. There are exceptions for certain employers and certain jobs.
Actual criminal records related to a sex offense may be considered in hiring when done in compliance with federal, state and local law.

What is Megan's Law?

The first Megan’s Law was a state law enacted by New Jersey. In 1994, a man with a history of sex offenses raped and murdered a seven-year-old girl named Megan Kanka. In hopes of thwarting such crimes, New Jersey created the first sex offender registry, which required sex offenders to register and report their whereabouts to the public. Soon after, the federal government passed a law requiring all states to maintain and publish a sex offender registry.

The various state laws that were enacted are informally referred to as Megan's Law. Sex offender information is published on readily accessible websites, and it might include name, picture, address, the nature of the offense and dates of conviction and incarceration.

Megan's Law Compliance

In addition to passing their own Megan’s Laws that create the registries, state legislatures have placed restrictions on how registry information may be used. These adjunct regulations are often thought of as being part of what is Megan's Law. When we talk about compliance with Megan’s Law, we’re generally talking about complying not only with the laws that create the registry but also with the ones that govern its use.

From a background screening perspective, the important restriction is this: an employer generally may not use sex offender registry information in a hiring decision. However, there are many exceptions.

The first set of exceptions is based on the employee’s line of business. There are businesses in which an employer must not hire a registered sex offender, and may be subject to fines and other penalties if they do so. The exact list varies by state, but it often includes government agencies, K-12 education, preschools, housing authorities, adoption agencies, health care providers, child care centers, community care centers, humane societies and financial institutions.

The second set of exceptions is based on the job the employee will perform and the populations that they’ll interact with. This includes situations where the employee would go into private homes to perform services or would work with vulnerable people including children, the elderly and the disabled.

Even in situations where employers may not consider registry information, they may look at the underlying crime, provided they do so within the scope of federal, state and local law. If a candidate was arrested and convicted for a sex crime, a record of that consists outside the registry, and in some cases may be used by employers making a hiring decision.

Like all criminal records, arrests or convictions for sex crimes are subject to the Fair Credit Reporting Act (FCRA) . An employer must inform the candidate that a background check will be conducted and must obtain the candidate’s permission. Many states have enacted more restrictive laws. Examples are “ban the box” laws, which forbid asking about a criminal record on an initial application. Many states also have fair chance hiring laws, which require an employer to make a hiring decision and extend a conditional offer of employment before conducting a background check.

Employers are in a difficult position in regard to sex offenders. There are situations in which it is illegal to hire these candidates. There are other situations in which they may not consider the sex offense in their hiring decision. Then there are the cases in which there is a sex-related arrest or conviction, and their use of that information is governed by state and local law.

Where state and local laws grant leeway in the use of sex crime convictions, employers should consider whether the crime is actually relevant to the job duties. They should also look at how old the offense is, the candidate’s work history since then, whether there’s evidence of rehabilitation and other information from the application or background check . They should consider what people the applicant would actually come into contact with on the job.

Differing State Laws on Sex Offender Information

As we’ve seen, regulations governing the use of registry information vary from state to state, and employers need to be aware of the laws that apply in their case.

California , for example, has a laundry list of prohibitions around the use of the information. You’re not permitted to use it for any purpose related to health insurance, credit checks, loans, employment, education, scholarships, fellowships and housing. Businesses aren’t allowed to discriminate in benefits, privileges or services provided based on sex offender status.

California does allow exceptions related to employment. One is any situation where hiring a sex offender would violate some other law. Another is when the employer is using sex offender information to protect an individual at risk, although the specifics of who might be at risk are poorly defined.

With all the subtleties of the laws in various states, it’s a challenge for employers to be fully compliant and still keep their workforce and their customers safe. It’s wise to have written procedures, developed with the input of an attorney who specializes in employment issues, to cover all the situations in your jurisdiction. It’s also best to engage a CRA with nationwide scope who keeps up with the latest laws and their interpretations.

Bottom Line

Employers and CRAs can search registries and discover whether an applicant is a registered sex offender. However, there are restrictions on what they can do with that information. IN most cases, they may not automatically disqualify an applicant based on a registry entry. Along with their own versions of Megan’s Law, many states have enacted laws governing registry use.

States and localities continue to enact sex offender employment laws and other restrictions on background checks, and rules are likely to grow even more complex. Eagle Eyes Screening Services is a company that CRAs can rely on for wholesale screening services. We keep up with the latest developments not only in legislation but also in screening technology, and continue to provide our clients with high-quality, accurate, compliant results.

Tips for CRAs to Access Public Criminal Records

Wed, 01 Nov 2023 16:56:52 GMT

Key Takeaways

Even if an individual has a criminal record, a background search does not always uncover the fact. From inconsistency in record-keeping to privacy legislation to the sheer volume of records in a country of 340 million people, there are barriers that make access to public criminal records difficult. These issues can prevent CRAs from retrieving reliable information in a timely manner.
There are steps that CRAs can take to improve the timeliness and reliability of the information they provide to their clients. A key success factor is to know their data providers and understand something about the processes that those providers use.

5 Challenges CRAs Face in Accessing Public Criminal Records

A nationwide criminal record search can be aggravating and time-consuming, and the results are not always complete or consistent. Here are some issues that make the process such a challenge for CRAs .

Privacy and Compliance Regulations

There’s growing sentiment in the U.S. that convicts who have completed their sentences should be allowed to move on without being permanently haunted by their pasts. Many state legislatures have enacted laws that limit what arrest and conviction information is made available to the public in their states.

Several states have chosen to expunge criminal records for certain offenses, particularly those involving marijuana. In most of these cases, CRAs will not be able to learn about past arrests and convictions at all.

A few states, such as California and Michigan, have established regulations that make it more difficult to retrieve information about crimes that are still on the books. They’ve mandated the redaction of personally identifiable information (PII) from databases that are available online to the public. The most common keys to be redacted are date of birth and social security number. When a CRA is doing a search on someone with a common name, these restrictions magnify the difficulty of determining whether a criminal record belongs to the specific individual.

In these cases, a CRA may have to rely on secondary information about the person or even send a runner to the courthouse to request paper records.

Data Quality and Accuracy

Criminal records are maintained in thousands of jurisdictions throughout the U.S., and record-keeping is not always reliable. Data vendors are not always transparent about where they get their information and how accurate it is. As a result, CRAs may feel compelled to follow up and validate records. They find themselves chasing down records that are inaccurate or otherwise of no use to their clients. They may not even learn about records that exist only in a remote county court.

Transparency from a wholesale screener is critical. CRAs need to be confident that the data is current, accurate and has been thoroughly vetted by the data vendor.

Fragmented Data Sources

As a country, the U.S. doesn’t maintain a centralized repository of criminal records . They are scattered throughout the country in federal, state and local courts. In addition to 50 states, there are over 3,000 counties, and there’s no consistency about how criminal records are documented, stored and published.

Online access and the ability to search by PII vary by jurisdiction. Some information is readily retrievable from public databases, but other data requires either multiple searches or sending court runners to physical locations where records are stored. Many local record-keeping systems are outdated or technologically awkward, and the information isn’t always up to date.

Records from multiple jurisdictions might be in multiple formats, and the meanings of the data fields may not be entirely clear. Retrieving all of these records and making sense of the results is beyond the means of a small or medium-sized CRA.

The ideal solution is a national criminal database that serves as a one-stop repository for criminal records. That requires a wholesale screening service that is experienced at finding all the records and organizing them into a clear and understandable format.

Timeliness and Turnaround

Employers are demanding not only more background checks but also more thorough ones. Employee turnover has accelerated in the past few years, and that implies the need to conduct these checks quickly. If there were a common data source that a CRA could turn to, it would be easy to turn around each request, but of course that’s not the case.

Quite often, the information from an initial search is not on target, or it’s not in a format that’s useful to an employer. That may require additional searches, either online or conducted through court runners. It may require the CRA to employ people who have expertise in screening research, and the availability of such individuals can be a bottleneck.

The better the data a CRA can get from its wholesaler, the less time of its own it will have to spend following up. It will be in a better position to provide the turnaround that clients demand.

Ensuring Data Security

Background search data is sensitive data, and federal and state laws require that CRAs protect it. The Consumer Financial Protection Bureau (CFPB) is charged with examining the cybersecurity practices of nationwide CRAs. CRAs are also subject to data breach notification laws and to requirements that come into play because they do business with financial institutions.

A data security incident can subject a CRA to financial penalties and also inflict the kind of reputational damage that may cause it to lose clients.

CRAs should ask themselves and their data vendors about security practices such as use of encryption protocols, regular security audits and compliance with data protection laws.

A serious commitment to data security is critical to every CRA, and they should demand that their wholesalers are transparent about cybersecurity practices.

Bottom Line

Access to criminal records is not as easy as most CRAs would like it to be. Records are fragmented across thousands of jurisdictions with varying degrees of completeness and accuracy. New regulations in some states hide PII in online data sources. A single screening may require multiple searches including physical visits by court runners. Small CRAs don’t have the resources to conduct thorough nationwide searches in the time frame demeaned by their clients.

Eagle Eye Screening Solutions is a wholesale screening vendor that can conduct the complete and accurate searches that CRAs require. Our nationwide scope and veteran research team can provide a CRA with the accurate, reliable and timely background information that clients demand.

Background Screening Trends in U.S.

Fri, 20 Oct 2023 20:01:04 GMT

Key Takeaways

More employers than ever are using background screening, and they’re using more complex and comprehensive screening. At the same time, screening is under more scrutiny from governments and regulators.
Recent and emerging trends in U.S. background screening include:
Restricted use of criminal records.
Expanded social media screening.
Continuous background checking.
Use of and regulation of AI.
The most successful CRAs will be those that understand industry trends and that find ways to differentiate themselves from their competition.

Background Screening Industry Trends

There are several background screening trends that have become important and will continue to grow.

Rethinking Criminal Records

At one time, most employers wouldn’t hire a person with a felony in the past. That’s changing, not only because of changed laws, but also because employers’ attitudes have changed. An arrest or conviction doesn’t necessarily mean that the candidate would create a risk as an employer. With so many employers who need to hire, those with a hard-and-fast policy may be missing out.

Furthermore, many states have restricted the ways in which an employer may consider a criminal record in a hiring decision. Many have “ban to box” laws, whereby employers may not ask about arrests or convictions on an initial application. Some states don’t allow a criminal background check until a conditional offer of employment has been extended. They may restrict whether the offer can be rescinded if a criminal record is discovered. Other states have actually expunged older criminal records.

Social Media Screening

These days, people often reveal more about themselves on social media than they do on applications and in interviews. Employers have taken note, and checking a candidate’s profiles and posts is becoming a common practice. Employers will often refuse to hire applicants who create posts of illegal activity (particularly drug use), racist or sexist commentary, threats of violence, stalking or sexually explicit material. Social media may also reveal that a candidate has lied about qualifications, has denigrated previous employers and coworkers, has revealed proprietary information or has poor communication skills.

Social media activity can also persuade an employer to hire if the posts are creative, professional, compelling and demonstrate good communication skills and a wide variety of interests. Social media screening is a delicate task, and the screener needs to be aware of privacy issues and bias issues. Employers are wise to leave this task to professional CRAs .

Continuous Background Checking

The potential risk to a company doesn’t end when a candidate is vetted and hired. Employees can engage in criminal activity or do other things that create a concern at any time during their tenure. Ongoing background monitoring mitigates this risk.

Social media activity is an obvious candidate for continuous checking. If an employee is revealing confide ntial information, bad-mouthing the company, making inappropriate posts or doing anything that might bring disrepute to the employer, the company can learn about it and take action.

Court access monitoring is another service CRAs are offering. Given a list of employees, an access monitoring solution watches available data streams for arrests and other criminal activity. The employer can be notified when an employee runs afoul of the law.

Most Common Background Screenings

Almost all employers screen for criminal background to the extent that the law permits. This may also include a check of sex offender registries. Another common reason for screening is to confirm that the candidate has told the truth on their resume or application. This might include checking previous employment, education, professional licenses and even validating the candidate’s identity.

A significant number of employers screen for illegal drug use. Some will request a credit check. Some might also look at motor vehicles and driving records.

What's On The Horizon for the Background Screening Industry?

The pace of change in the industry shows no signs of letting up. Here are a few emerging trends that employers and CRAs can look for.

More Background Screening Despite Greater Constraints

Bad hires are costly to employers, and companies are demanding more and better background screening to avoid them. Even though state and local laws are becoming increasingly complex and placing new restrictions on what employers and CRAs can do, good background screening is still the best way for employers to avoid making hires that they’ll come to regret. Unscrupulous employees can steal from the company, reveal trade secrets, disrupt the workforce and bring an employer into disrepute. More and more, employers will demand that CRAs have the expertise to provide thorough checks that comply with the law.

Increased AI Use and AI Regulation

Artificial intelligence is supplementing human decision-making in the screening process. AI algorithms can find prospects, rank prospects and make hiring recommendations. AI brings efficiency, but it also brings risk. Algorithms that are designed by humans can have human biases.

States and municipalities are already introducing regulations to ensure that AI is fair. In New York City, for example, algorithms must now be tested to determine whether they discriminate against minorities or other protected groups. Some jurisdictions require that candidates are informed and give their consent before AI may be used in screening. Expect laws to evolve as the impact of AI is better understood.

New CRA Business Models

When most CRAs offer similar screening services, they have difficulty differentiating from the competition, and employers tend to start looking only for the lowest price. Many CRAs are recognizing this and are considering changes in their business models.

For example, some CRAs are offering screening on a subscription basis rather than charging by the search. They might offer almost unlimited screenings for a monthly fee. Others are packaging screening services with other hiring processes such as onboarding and psychological screening. Essentially, they’re positioning themselves as consultants that do more than just background checks.

Still other CRAs are becoming more deliberate in choosing industries to target such as technology and health care. Some are specializing in a few industries while others are choosing to diversify. Many are following market trends to determine which industries have the best promise of growth.

Bottom Line

This is a time of increased opportunity in background screening but also a time that demands more of CRAs that expect to thrive. Those that take orders and conduct business as usual are at risk of being left behind. CRAs that keep abreast of social media, the use of AI and the continuing demands and complexities of background checking will have a competitive advantage.

Successful CRAs need a wholesale screening partner they can rely on. Eagle Eye Screening Solutions operates nationwide and understands the latest changes in local regulations as well as emerging trends in the screening business. CRAs can trust us for compliant, thorough and accurate wholesale background checks.

California Changes Employment Regulations Regarding Criminal History

Mon, 18 Sep 2023 20:49:20 GMT

California Fair Chance Act: Key Takeaways for Employers

Modifications to California’s Fair Chance Act go into effect on October 1, 2023. These include an expanded definition of the employers and employees who are subject to FCA. California employment regulation changes also include new rules concerning advertising and WOTC applications as well as clarification around what an employer must do if they decide not to hire because of a criminal record.
Several new types of organizations will now be subject to FCA. These include labor contractors, union hiring halls, client employers and staffing agencies that obtain workers from a pool or availability list.
Employers will need to update their procedures to comply with the new modifications and educate employees who are involved in recruiting and hiring decisions.

Key Takeaways for CRAs

Under the modifications, FCA regulations extend to entities that evaluate a candidate’s criminal history on behalf of an employer. While CRAs normally provide criminal background information but do not evaluate it, and aren’t involved in the employers’ hiring procedures, they need to be aware of the extended FCA definition of an employer and understand what the new regulations imply.
As always, CRAs can add value for their employer clients by keeping abreast of the latest regulatory changes and advising those clients on how to order searches that are both effective and compliant.

Modifications Made to the Regulations

On June 24, 2023, some modifications to California’s Fair Chance Act (FCA) were approved. These go into effect on October 1, 2023. The Fair Chance Act is designed to improve job opportunities for former criminal offenders, thereby reducing their recidivism and lessening their dependence on public funding and services. The FCA regulates when employers may order criminal background checks and what they may do with any information they discover.

The modifications expand the definition of who is covered under the act and address job advertising and screening for the Work Opportunity Credit. They also clarify what an employer must do when they elect to rescind a job offer because of criminal history.

1. Expanded Definition of Employer

Under the new rules, more entities are defined as employers under the Fair Chance Act. The definition now includes labor contractors, union hiring halls and client employers. It also includes any entity that evaluates the applicant’s criminal history on behalf of an employer. It includes staffing agencies and groups that obtain workers from a pool or availability list.

2. Expanded Definition of Covered Employees

The new regulations add two types of employees that will now be covered under the act:

Those who are seeking a different job with their current employer.
Those who are being reviewed because of a change in ownership or change in management policy.

3. Advertising

Employers will now be explicitly prohibited from publishing advertising or postings stating that people with criminal history will not be considered.

4. Work Opportunity Credit (WOTC)

Employers may request that applicants fill out IRS Form 8850, to determine the possibility of applying for WOTC, even before making a conditional offer. However, they may not inquire how an applicant qualified for WOTC, and they may not use information for any purpose other than to apply for the credit.

5. More Clarity about Rescinding an Offer

Currently, employers with five or more employees may not ask a candidate about criminal history or order a criminal background check until they have made a conditional job offer. If they discover a criminal past, they may not rescind unless the history is directly related to the job in question or would present a hazard in the workplace. If they decide to rescind, they must notify the candidate in writing of what they discovered, inform them of their rights under the FCA and allow the applicant an opportunity to rebut or to provide mitigating information.

Under the new modifications, there are some clarifying additions to the FCA:

Even if an applicant volunteers information about criminal history, the employer may not consider it in deciding whether to make a conditional offer.
A decision to rescind an offer must be evidence-based and must consider the nature and gravity of the offense as well as how much time has passed. The decision must also consider the nature of the job and whether the offense is specifically related to the job.
The applicant has the option of providing evidence of rehabilitation or mitigating circumstances but is not required to do so. This information may be provided only by the applicant or at the applicant’s request. The employer is not allowed to require or demand it.
If the employer makes a preliminary decision to rescind a job offer based on criminal history, they must notify the applicant in writing. The notice must include a copy of the criminal history report, a notice of the applicant’s right to respond, an explanation of the type of evidence the applicant may submit and a notice of the applicant’s deadline to respond.
There are specific actions that an employer may not take. They may not refuse to accept the applicant’s evidence or require the applicant to submit any specific type of evidence. They may not disqualify the applicant for refusing to provide evidence. They may not require the applicant to produce medical records, to disclose a disability or to disclose that they are a survivor of domestic abuse, sexual assault, stalking or similar acts.
There are actions the employer may consider in a decision to rescind. They may look at conduct during incarceration, employment history since conviction or completion of sentence, volunteerism, engagement with a religious group, participation in a recovery group and civic participation.

Bottom Line

The latest California regulatory changes expand the scope of who falls under the FCA and provide more clarity around what an employer may do in considering criminal history during the hiring process.

While the latest changes to California’s Fair Chance Act may not impose large new burdens on companies that hire in California, they underscore the importance of keeping abreast with the most current regulations to ensure that employers remain compliant. There are almost always pending bills in the California legislature that may more narrowly define what an employer can and cannot do in the hiring process.

CRAs face an ongoing challenge in retrieving thorough background information for their clients while keeping their searches compliant. Eagle Eye Screening Solutions provides the wholesale service that CRAs count on for compliant, accurate search results that integrate into their screening processes.

What CRAs and Employers Need to Know About Drug Testing Laws

Mon, 11 Sep 2023 20:36:53 GMT

Key Takeaways

Employers have a right to demand that employees are not under the influence of drugs while at work, and they are allowed to use drug testing to enforce that right.
Under ADA, employers generally must make reasonable accommodations for employees who take drugs for medical conditions.
The specifics of employers’ and employees’ rights around drug testing vary across states and municipalities. Employers and CRAs must be aware of local law.
If an employee is terminated for drug use, the employer must do so via a process that is fair and equitable and protects the rights of the employee.

What Is Wrongful Dismissal Due To a Failed Drug Test?

While employers are entitled to conduct drug testing, it is mandatory that they use the results in a manner that complies with federal, state and local law. They must be cautious to avoid wrongful dismissal. State and local laws vary, but there are some rules that are consistent across jurisdictions.

When an employee fails a drug test, the employer may not rightfully terminate the employee under the following conditions:

If the drug test procedures were faulty or the test results were interpreted incorrectly.
If the employee is terminated for off-duty use of marijuana in a state where such termination is forbidden.
If the drug test process is discriminatory.
If drug testing and dismissal was a retaliatory act on the part of the employer.
If the employer fails to follow state and local laws regarding drug testing and dismissal.

What Are Employees’ Rights in a Failed Drug Testing?

If an employee is threatened with dismissal due to a failed drug test, they have the right to due process and the right to appeal the dismissal. The way that these rights play out vary from state to state, but there are some general principles.

The employer must inform the employee of the results and the reason for termination. If the employee appeals, the appeal must take place within a specified period of time. Where procedures are not regulated by state and local law, the process may be governed by company or organizational policy or by union rules.

In addition to rights granted by state and local laws, employees have rights under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FLMA). If an individual needs to use drugs for a medical condition or disability, an employer could be required to provide reasonable accommodation rather than disqualifying them from their job.

Finally, employees have a right to privacy concerning drug test results.

Employees who have been wrongfully dismissed may be able to take legal action to be reinstated and to collect back pay. If there is emotional distress or other damages, they may be entitled to compensation.

What CRAs Need To Know About Drug Testing Laws

While CRAs are not directly involved with ongoing drug testing at an employer site, they are often engaged to conduct background checks when employers consider applicants for job offers or current employees for promotion. Quite frequently these evaluation processes include drug testing.

Drug tests for these purposes fall under the Fair Credit Reporting Act (FCRA), which lays out requirements to protect the individual in question. Prior to this sort of drug screening, the employer must inform the person of their intent to conduct a drug test and obtain written permission to do so.

Should an employer decide not to hire a candidate based on the drug test result, they are required to follow an adverse action process that offers the candidate an opportunity to challenge the decision. CRAs that work with employers that conduct drug testing should keep abreast of current state and local law in order to keep themselves and their clients in compliance.

What Employers Must Know About Drug Testing Laws

Employers are entitled to use testing to ensure a drug-free workplace. However, they need to be aware of and comply with all federal, state and local laws. They must ensure that their drug testing policies are fair, do not discriminate and prevent testing and dismissal as a retaliatory action.

While not all of these steps are required in all states and localities, there are actions that will help ensure that employers do not dismiss employees wrongfully.

Engage legal advice to keep abreast of the most current state and local legislation. Use this advice in establishing drug testing procedures and in carrying out the process.
Establish and publish clear and transparent drug testing policies. This includes which drugs will be tested for and how and when the tests will be conducted. Policies should specify the consequences for failing a test and the appeals process for contesting a test result. Policies should also state what accommodations will be made for employees who take drugs for medical reasons.
Train managers and supervisors in the drug testing policies.
Obtain employees’ consent before conducting tests.
Use the most reliable, accurate and up-to-date drug testing methods. Often these will involve a variety of tests, including oral fluid testing, hair testing and urine testing, to ensure the most accurate results and eliminate false positives. Some employers will prefer to outsource this task to a professional drug test vendor.
Assure privacy. Test results should be available only to those who have a legitimate need to know.
Consistently follow the published process when dismissing an employee. This should include informing the employee of the results and reason for termination, giving them an opportunity to respond and following an established appeals process when the employee challenges the dismissal.

Bottom Line

Employers are entitled to use drug testing in order to maintain a drug-free workplace. However, if an employee fails a test, employers must be careful to avoid a wrongful dismissal. This requires a standard corporate procedure for conducting drug tests and dealing with failed tests. Because many of the regulations around drug testing are at the state or local level, employers must keep abreast of and thoroughly understand all applicable law.

For CRAs who serve clients in multiple jurisdictions, it’s valuable to have a wholesale screening partner such as Eagle Eye Screening Services. Our nationwide reach and knowledge of state and local law ensures the consistently effective and compliant background checks that CRAs can rely on.

How CRAs Are Affected by NYC Local Law 144

Mon, 04 Sep 2023 20:15:14 GMT

Key Takeaways

NYC 144, now in effect, impacts employers that use automated tools, called AEDTs, to make hiring and promotion decisions. They must conduct bias audits to measure whether the tool discriminates against protected groups.
Employers must publish the results of bias audits and inform candidates and employees of their use of an AEDT and of the individuals’ rights under NYC 144.
The definition of an AEDT and the situations where the law applies are complex. Employers will have to determine whether they are using an AEDT and how they must comply. Legal consultation is advisable.

What is NYC Local Law 144?

New York City Local Law 144 is the first law in the nation to address the use of AI tools in hiring. It prohibits employers, and also employment agencies, from using an automated employment decision tool (AEDT) in the city unless they disclose they are doing so, conduct a bias audit and provide the results of that audit. NYC 144 took effect on July 5, 2023.

The law applies to hiring decisions and promotion decisions. It applies not only to the final decision but also to any screening done earlier in the evaluation process.

The employer (or agency) must notify employees and job candidates that an AEDT will be used. Furthermore, they must offer an alternative screening process and tell candidates how to request it.

The results of the bias audit must be displayed in a conspicuous manner on the employer’s website. This must include the type of data collected, the audit results and the data retention policy.

When Does NYC 144 Apply?

The law applies to jobs in New York City. More specifically, it applies when any of the following is true:

The job location is in NYC.
The job is remote but is associated with an office in NYC.
The employment agency is in NYC.

NYC 144 applies only to employment decisions involving hiring and promotion. Ii is not relevant to decisions about compensation, benefits, termination, workforce monitoring and performance evaluation.

NYC 144 impacts only candidates who have actually applied for a job. It does not apply to a screening tool used to identify potential candidates.

Whether NYC 144 applies also depends on how the tool is used. It’s relevant only if one of these is true:

The AEDT is the only factor in the decision.
The AEDT results have more weight than any other factor.
The AEDT is allowed to override a human decision.

Employers may still use an unaudited AI tool when it is a less significant factor in the decision.

What Is an AEDT?

The definition of an AEDT includes AI tools, broadly defined. It encompasses any computational process that is derived from artificial intelligence, machine learning, statistical modeling or data analytics. It includes any tool that produces a score, a ranking, a classification, a recommendation or a prediction of fitness for the job or likelihood of success.

A tool is an AEDT only if it affects natural persons. AI tools that filter email, maintain firewalls and protect against viruses are not AEDTs.

An AEDT is a computer-based tool. A test designed and administered by humans, even when it evaluates specific criteria and produces scores, rankings and recommendations, is not an AEDT.

What Is a Bias Audit?

A bias audit is a measure of whether an AEDT discriminates against people based on categories that must be reported to the U.S. Equal Employment Opportunity Commission. It determines the selection rate and impact ratio of sex, race and ethnicity as well as the intersection of those factors.

The selection rate is the percentage of people selected in each category. For example, if 100 women apply and 30 are selected, their selection rate is 30 percent.

The impact ratio compares the selection rate of a group to the selection rate of the most successful group. With the above example, if 40 out of 100 men are selected, men’s selection rate is 40 percent, and women’s impact ratio is 30/40 or 0.75.

A bias audit must be performed every year. If the employer has been using the AEDT, they must use their own historical data. If they are using the AEDT for the first time, they may use historical data from other employers or agencies.

The bias audit must be conducted by an independent auditor who is not employed by the employer and had no part in the development and use of the AEDT.

The audit results must be posted prominently on the employer’s website. However, the employer is not directly required to stop using the AEDT or to take any other action based on the results.

How Does NYC 144 Affect Em ployers?

NYC employers and agencies must determine whether they are using a tool that is defined as an AEDT under NYC 144. If so, they must conduct an audit as quickly as possible and post results. In addition, they must notify employees and applicants of the AEDT’s use and of their rights to request an alternative evaluation process.

Employers must be mindful that a tool is and AEDT only if it:

Meets the computational definition.
Makes a final recommendation, is the principal factor in the recommendation or overrides a human decision.
Affects actual human beings.

NYC 144 requirements and definitions are complex, and there is almost certain to be dispute and clarification around the details as enforcement goes forward. Employers should seek ongoing legal advice on whether they are subject to the law and how they must comply.

How Does NYC 144 Affect CRAs?

CRAs are not likely to be directly affected by NYC 144. Even if they use AI tools, they do not make hiring and promotion decisions. They should ensure that they merely report data and do not do any ranking or categorization based on what they discover.

As always, CRAs can serve their clients by keeping abreast of the latest regulations in every jurisdiction and advising them about what they may and may not do in their hiring and background check processes.

What Is the Penalty for Violating NYC Local Law 144?

Violators are subject to a fine of up to $500 for a first violation or subsequent violation on the same day, and up to $1,500 for violations beyond that.

The Bottom Line

Effective now, NYC employers and agencies who use an AEDT in hiring and promotion decisions must conduct and publish a bias audit. They must inform applicants and employees and notify them of their rights.

They need to determine whether their tool is considered an AEDT and, if so, immediately take steps to comply with NYC 144.

How The FCRA Summary of Rights Effects CRAs

Wed, 30 Aug 2023 13:30:59 GMT

Key Takeaways

A new version of the FCRA Summary of Rights has been published. Employers and CRAs must start using this new version by March 20, 2024.
The essential rights of consumers and obligations of employers and CRAs are unchanged. The document changes involve corrected agency contact information, formatting of the document, and some language changes.
Many experts recommend that employers and CRAs start using the new forms immediately. However, it may be prudent to wait in case the CFPB makes further changes before the mandatory start date.

What is the Updated FCRA Summary of Consumer Rights?

The Consumer Financial Protection Bureau (CFPB) published a new version of its publication, “A Summary of Your Rights Under the Fair Credit Reporting Act,” on March 17, 2023. It supersedes the previous version from October 2018. Employers and CRAs must start using the new version by March 20, 2024.

The Summary of Rights is a plain-language guide to consumer rights under the FCRA. There are several situations in which an employer or a CRA is required to provide an individual with a copy of this document. These include times when a decision not to hire or not to extend credit has been made, or is about to be made, based on findings from a background check. The document explains to the consumer what actions they have a right to take, which include reviewing the background report and challenging the findings. It tells them whom to contact if they think the employer or CRA is not acting properly as required by the FCRA.

There are not substantial changes to the Summary of Rights document. The consumer’s rights and the CRA’s obligations remain as they were before. What has changed is some detailed wording in the Summary. For example, the new Summary updates contact information for several federal agencies. It eliminates references to business types that no longer exist, such as “Federal Land Banks.” There are formatting changes and other technical changes.

These updates were applied to both English and Spanish versions.

Ways the FCRA Update Affects CRAs

CRAs and the clients they support will continue to use the Summary of Rights, but by March of 2024 they must use a new version. A job or credit applicant must be presented with a Summary of Rights any time an adverse action is taken or about to be taken. Decision-makers are required to give the individual a copy of the report along with the Summary. A CRA’s obligation to comply with all federal, state and local fair credit requirements does not change.

Though the 2023 changes are minor, it’s a legal requirement that, by the deadline, CRAs, employers and financial institutions use the updated version. Opinion is divided on how soon CRAs should switch to the new Summary. Some concerned parties say the CRAs should make the transition now, or as soon as possible, to get ahead of the curve and to give individuals the most up-to-date contact information for all agencies involved. Others advice waiting because of the possibility that the CFBP might make further changes before March 20, 2024.

In any case, CRAs will have to ensure that all of their affected employees know about the changeover. They will need to quarantine both paper and electronic copies of the old documents so that they do not get distributed after the deadline.

If the old Summary of Rights was given to an affected individual before the switchover, there is no requirement that a CRA provide them with a copy of the updated version.

Ways the FCRA Update Affects the Consumer

The updated Summary of Rights should make it slightly easier for the consumer to seek redress if they think they have been unfairly treated by an employer, financial institution or CRA. With up-to-date contact information, they should be able to more readily contact the agency that can take action on their behalf.

The consumer’s basic rights have not changed. FCRA continues to govern the ways in which employers and banks use background information. It keeps consumers, including job applicants, from being evaluated based on misinformation or on information that is illegal to use.

The Summary of Rights is available any time a consumer wants to read it, but there are specific instances in which an employer, bank or CRA must call their attention to it by providing them with a copy. The new rules ensure that the provided copy is exactly the same as the current official copy maintained at the CFPB website .

This comes into play when a party that ordered a background check is contemplating adverse action such as refusing to loan or declining to hire, i.e., any situation where the background report may be used against the consumer. Consumers can now be confident that they possess the most up-to-date version of the summary.

FCRA Requirements for CRAs

The Fair Credit Reporting Acts restricts what CRAs may do with the information they retrieve in a background check. They must share it with the consumer if it’s requested, and they may not share it with any third party unless there’s a permissible purpose. The most significant permissible purposes are background checks for a loan and for possible employment.

Employment background check rules require that employers be transparent about when they do background checks and how they use the information. The candidate must be informed that a background check will take place and give written permission. If anything is discovered that would result in a decision not to hire, the candidate must be so informed.

They must be given access to the report and also a copy of the appropriate versions of the Summary of Rights. They must be given the opportunity to rebut the negative findings. Some states have stricter rules by which a background check cannot be ordered until after the employer has extended a conditional job offer.

While CRAs aren’t directly responsible for how background data is used, they have an obligation to ensure it is accurate . Furthermore, CRAs must always investigate claims that there is inaccurate information. If the information is in fact faulty, they must correct the data with the right information.

The Bottom Line

The CFPB has published a new version of the FCRA Summary of Rights, and CRAs must transition to this version by March 20, 2024. The changes to the document are minor, and there will be little or no effect on how employers, banks and CRAs conduct background checks. To keep abreast of and ensure compliance with this and all other new federal, state and local regulations, CRAs can rely on the wholesale services of Eagle Eye Screening Solutions .

A CRAs Guide To Sex Offender Background Check Data

Thu, 24 Aug 2023 15:21:36 GMT

There are over 780,000 registered sex offenders in the United States. For employers, that represents a risk to the safety of the workplace and to the level of morale within a business. While CRAs can generally discover whether or not a job candidate is a registered sex offender, there are legal limits to what employers may do with that information. Often, a previous sex offense does not automatically disqualify a person from a job offer. It’s important for employers and CRAs to know what sex crime records are available and what may be done with them.

What are Sex Offender Records?

Sex offender records are records that are kept, mostly at the federal and state level, about people who have been convicted of sex crimes. Examples of these offenses are rape, sexual assault and/or battery, child pornography, sexual solicitation or abuse of a child and indecent exposure.

The creation of registries, as opposed to sex offenses being treated like just any other crime, dates from the 1990s. In 1994, a seven-year-old girl named Megan Kanka was raped and murdered in New Jersey. The perpetrator had prior sex offense convictions, which led the New Jersey legislature to believe that knowing about such people could help prevent future crimes. They passed Megan’s Law and created the first sex offender registry. Shortly thereafter, the federal government mandated all states to maintain a sex offender registry and to make it accessible to the public.

Individuals who have been convicted of sex crimes are now required to register as sex offenders. Registration is governed by laws in the jurisdictions where they were convicted, and also those where they work, live or attend school.

Available registration information varies. It might include name, aliases, DOB, phone numbers, addresses, email addresses, a photograph, fingerprints, driver’s license, and licenses and descriptions of vehicles owned.

What is the National Sex Offender Registry?

The Dru Sjodin National Sex Offender Public Website (NSOPW) is a public safety resource that provides nationwide sex offender records for anyone to look up. It’s named after a 22-year-old college student who was abducted in North Dakota in 2003 and subsequently murdered. Anyone can visit this website and search for an individual by name, county, city/town and zip code. You can specify an area on a map and learn whether any offenders live nearby. The registry provides the option of searching the registries in all 50 states plus the District of Columbia, U.S. Territories and Indian nations. When you include local registries, there are over 200 in all.

This lookup sounds like a simple thing for an individual or employer to do, but there is more to conducting a successful search than meets the eye. For one thing, if the target individual has a common name, it may be hard to appropriately narrow down the search. If you don’t know the zip code, or if it’s a zip code with a large population, that’s another complicating factor.

Furthermore, each state has its own laws about what information is available. Even if you’re certain about whom you’re looking for, the available information may vary from state to state and even from county to county. Also, some jurisdictions are lax about keeping registry information up to date.

How to Get a Sex Offender Background Check

One way to get a sex offender background check is to do it yourself. After all, the registries are there and are available to anyone. However, as has been noted, it can be difficult to identify the right individual, and the information provided may not be as complete as the searcher would like. Furthermore, an employer, who may have to conduct hundreds or thousands of these searches, could be hard-pressed to find the resources to manage this task on an ongoing basis.

A more efficient way for an employer to conduct searches is as part of an overall background check ordered through a CRA. When a reputable CRA does the background check, their customer has the option of requesting different types of background reports, which will often include a sex offender registry check. In addition, a CRA can and should advise an employer about when they can legally order a background check, what information they can use in a hiring decision and what their responsibilities are if they choose not to hire based on the existence of a sex offender record.

What Shows Up On a Sex Offender Criminal Background Check?

What shows up depends on how the search is conducted and on state and local laws in the jurisdiction where the record is kept. Sex offender records exist in over 200 registries from states, municipalities, territories and Indian nations. A search that’s restricted to the state of the employer or the applicant may not turn up information about sex offenses in other jurisdictions. A thorough search by a knowledgeable CRA is likely to discover whatever is available, not only sex offenses but other problem areas in a candidate’s background.

If a person has been required to register as a sex offender, that information will be available, no matter how much time has passed. However, depending on the state, the specifics of the crime that led to that registration may not be. Typically, a background check reports the details of the actual offense in a criminal records section, along with other crimes the person may have committed.

That’s separate from the sex offender registry report. Some states restrict reporting of older crimes; often the cutoff is seven years. If the search is ordered by an employer in a state with restrictions, old offenses will not be reported. Also, if the job candidate committed the crime in such a state, the information won't be available. However, the record will continue to exist in the sex offender registry.

There are different registries in different states, and each has its own rules for making data available. Typically you will see most of the following information:

Name
Any alternate names or aliases
Address at the time of registration
A photograph
A list of distinguishing characteristics such as scars and tattoos

You also may discover:

Date of birth
Phone numbers
Email addresses
Residence addresses and also work and school addresses
Fingerprints and palm prints
The specific jurisdiction of the conviction
Driver’s license facsimile
Licenses numbers and descriptions of vehicles, including boats and aircraft

If the conviction can be reported under the laws of the state in question, you could also see specifics of the crime, including:

Type of offense
Whether misdemeanor or felony
Date of offense
Disposition of the case
Date of disposition
Sentence imposed

The NSOPW contains a disclaimer whereby the Justice Department does not guarantee the accuracy of the data on the registry. It warns users that it’s their responsibility to verify information. A person or employer who doesn’t have the resources to validate the data relies on it at their own risk. The Department recommends that users contact specific jurisdictions and local law enforcement agencies to validate the information. That has the potential to be an unreasonable amount of work for an employer. A reputable CRA can provide the information with an accuracy and completeness that an employer would be hard-pressed to achieve.

How is Sex Offender Background Data Used?

Sex offender data is often used by individuals who want to know more about people they are suspicious of. These could be adults who are befriending their children. They might be shadowy romantic interests whom loved ones have met through dating sites. Also, people can check to see if there are sex offenders in a neighborhood they’re thinking about moving into.

In these ways, sex offender registries serve to protect children, help police with investigations and serve as a deterrent to offenders who know that they could be under observation.

However, there are things that people are not allowed to do with this information. They may not threaten, intimidate or harass anyone they discover on a registry. It’s a crime to do so.

More significantly for employers and CRAs, sex offender data is used to screen job candidates for employment. It’s also used by organizations that employ volunteers, especially when those volunteers work with children or vulnerable populations.

With employee background checks, there are restrictions on the permissible use of sex offender records. There are indeed situations under which employers may make hiring decisions based on what their CRAs discover in sex offender registries. However, employers aren’t allowed to consider sex crime records in all cases, and the laws vary across states and localities.

Sex Offender Employment Laws: A Birds-Eye View

Sex offender employment laws address two questions. First, are employers allowed to order a background check that includes a check of sex offender registries? The answer is, generally, yes, although there are some restrictions on when just such a check may be ordered.

Second, if the background check reveals that the candidate is a sex offender, may the employer refuse to hire on that basis? The general answer is no, but there are a number of exceptions designed to protect children and other vulnerable populations. A general guideline is that, if hiring a sex offender would create an unreasonable risk, either to other employees or to the population that the employer serves, the employer can and should refuse to hire.

The Federal Credit Reporting Act (FCRA) lays out what an employer must do before requesting a background check of any kind from a CRA. In addition, many state and local laws impose more stringent restrictions. Before engaging a CRA, the employer must inform the candidate in writing that a background search will be used as input into the hiring decision, and the candidate must consent to the background check.

Many states have adopted fair chance hiring laws that require an employer to evaluate the employee and make a tentative hiring decision before conducting any kind of background check, including a search of sex offender registries. In these cases, once the employer has decided in favor of the candidate, they must make a provisional job offer before they order a background search.

If, after the background check, the employer decides not to hire based on a record in the sex offender registry, the FCRA specifies what the employer must do. Essentially, they must be transparent to the candidate about the decision and give the candidate a chance to rebut the information that the employer has used. They are required to give the individual a copy of the report that they based their decision on as well as a copy of the candidate’s rights under the FCRA. They must do these things before they rescind the hiring decision.

If, based on sex crime history, the employer does make a decision not to hire, they must tell the applicant that the decision was made because of the report. They must provide contact information for the CRA that produced the report. They must tell the candidate that the decision was theirs and was not made by the CRA. They have to inform the candidate that the candidate still has the right to dispute the report and that the candidate may order another report from the CRA.

Even if an employer faithfully follows the process and learns of a sex offense in the candidate’s past, they can’t necessarily refuse to hire. On the other hand, there are situations where they must not hire. For one thing, a registered sex offender is prohibited by law from working in certain industries. While details vary from state to state, an employer is allowed to base hiring decisions on sex offender registries in specific lines of business. These may include K-12 education, day care, preschools, in-home care providers, youth sports organizations, patient-facing health care providers, humane societies, adoption agencies, public housing agencies, other government agencies and financial institutions.

In addition, there might be other exceptions under state law where an employer may decline to hire, exceptions that exist to protect at-risk people. In these cases, the law specifies who these at-risk populations are; it’s not a determination that’s up to the employer. Misusing sex offender registry information is a serious offense for an employer that can result in heavy fines and other sanctions.

As you can see, using sex offender information requires a balancing act on the part of an employer. On one hand, no one wants to hire a person when that would violate the law or put their employees and clientele at risk. On the other hand, it’s also important to comply with all applicable laws and avoid the consequences that come with violating them.

A CRA should be a partner in helping the employer understand what they can and cannot do with regard to sex offense information. A first step is to help employers understand what exceptions and exemptions exist in their state. They need to know which businesses work with vulnerable populations and how these populations are defined in the state. Typically, these will be organizations that work with children, the elderly and people with disabilities. The definition might also include other public-facing entities such as banks and government agencies.

When an employer discovers that a candidate they’d otherwise like to hire has a sex offense in their past, there are two situations where the decision is out of their hands. If registered sex offenders are forbidden by law from working in their business, they must not hire. On the other hand, if they’ve made a conditional job offer, and state regulations disallow hiring decisions based on sex offender status for their industry, they may not rescind the offer. If neither of these is the case, that leaves an area where it’s up to the employer to decide whether hiring the person would create a risk for their business.

In these situations, the employer should consider several factors to determine whether their clients or employees would be at risk due to the presence of this individual in the workplace. These factors should include how long ago the offense was, whether there’s evidence of rehabilitation, the candidate’s work history, other background information and whom the applicant would actually interact with once they’re on the job.

To avoid inconsistency or confusion, the employer ought to have a documented risk assessment process in place. This would be applied to any candidate for whom a sex crime or other crime appeared in a background check. Legal counsel should be involved in creating this process. Employers should also document the specifics of each particular case.

Employers are in a tough spot. They can be liable if an unidentified sex offender slips through the process and later does something terrible in the course of their employment. They can be liable if they illegally use sex offense history as a reason not to hire. They need to make sure they identify all people who have committed sex crimes, and they need to ensure that they deal legally with the ones they identify.

The Right CRA Is Critical

Eliminating dangerous sex offenders from the workplace involves a lot more than logging on to a registry website and entering a name. Very few organizations have the time and resources to check registries in 50 states and 150 other jurisdictions.

Furthermore, it can be a challenge just to validate that a registry entry corresponds to the person you’re searching on. If the individual’s name is a common one, many state registries have limited additional search fields to narrow things down. The NSOPW can be searched only by name and zip code.

Some employers might choose to search the registries on their own. Others might be tempted to use an online provider that advertises free sex offender registry searches. However, when you consider the risk of hiring an individual who might present a risk in the workplace, or the liability of refusing to hire based on erroneous information, that’s a dangerous path to take.

Despite all the nationwide effort to consolidate sex offender data into accessible data sources, finding up-to-date sex crime information remains a hard thing to accomplish. States are inconsistent in how timely their updates are. Not all registries contain as much information as employers would like. An accurate search requires a CRA who understands the strengths and weaknesses of the registries. The CRA may have to search for additional background information to corroborate and expand on what’s in the registries.

Then there’s the matter of what an employer as allowed to do with sex offender information once they learn about it. State and local laws are complex. Many of them restrict the use of criminal records, including records of sex crimes, from being considered in making hiring decisions. Employers need a thorough understanding of the regulations to negotiate the ground between hiring a person who’s a threat to their business and running afoul of the law. Increasingly, they can benefit from the knowledge and experience of a CRA who keeps abreast of the latest developments.

An employer-facing CRA is expected to be the expert, so there’s even more pressure to address all the issues accurately. That’s why so many CRAs rely on a wholesale screener such as Eagle Eye Screening Services to access public records and provide information that they can trust. Our search processes are comprehensive, scalable and use the most up-to-date technology. We take seriously the responsibility to merit the trust that employers and CRAs vest in us. Contact us to find out how we can provide accurate and compliant search results and seamlessly integrate them into your screening processes.

The Social Media Screening Guide for CRAs

Fri, 11 Aug 2023 19:18:00 GMT

Key Points

Social media screening of employment candidates is on the rise, and with good reason. There are few things that give a snapshot of a person and their attitudes as well as their social media posts. It allows employers to reject candidates who are likely to create problems in the workplace or damage the company’s reputation.
Though it’s useful, social media screening is a legal minefield. Improper use of this information can lead to lawsuits and can run afoul of the Equal Opportunity Employment Commission (EEOC) and the Fair Credit Reporting Act (FCRA).
Employers are wise to minimize their legal risk by engaging a CRA. In-house screening can too easily be subjective, and decisions can be based on general impressions and biases rather than objective criteria.
CRAs need to have documented standard procedures for reviewing social media, evaluating its validity and passing only what is relevant to the employer.

Why Are Employers Using Social Media Screening?

People are careful in what they say to potential employers but are often less cautious in their social media posts. By reviewing social media usage, employers can get an accurate picture of a person’s attitudes and behaviors that might not come across on an application or in an interview.

They can often find out about:

Fabricated credentials or work history.
Previous workplace misconduct.
Violent or threatening behavior.
Online sexual misconduct or a history of sexual harassment.
Prejudiced attitudes that may lead to friction and even lawsuits in the workplace.

It’s becoming more common for employers to disqualify a candidate based on their social media activity. A clean social media history can also make employers more comfortable about those that they do hire.

What Does Social Media Screening Mean for CRAs?

Social media screening is a challenge and an opportunity for CRAs. It’s an opportunity to make their services even more valuable to their clients. It’s an opportunity to deliver a more thorough background check than court records and similar public documents can provide. It's a chance to expand their practices.

On the challenge side, CRAs will have to develop expertise in social media screening. Social media posts are softer data than they’re used to dealing with, and they can’t simply retrieve it and report it. Also, even with the rise of AI, there’s unlikely to be an algorithm soon that can differentiate between a serious threat and a joke among friends. (For example, “I’d like to come over there and punch your lights out!” can be either.)

Social media review will have to be done by people, yet people will have to set their biases aside and use objective criteria. They will need to work from guidelines that are documented in writing. Evaluating this source material is different from what CRAs have done in the past.

Legal Concerns for CRAs Performing Social Media Screenings

CRAs must be aware of the requirements of the EEOC under Title VII of the 1964 Civil Rights Act as well as the constraints of the FCRA.

Title VII outlaws job discrimination based on race, religion, sex or national origin. CRAs need to take caution that indicators of these protected characteristics are scrubbed from what goes back to the employer.

Social meeting screening, like any other form of screening, must comply with the FCRA. The employer must obtain written permission from the applicant before initiating a search. If they decline to hire based on the findings, they must tell the candidate so and provide a copy of the report and the candidate's rights under FCRA. In some states, the employer may not conduct a background check until they have made a conditional decision to hire.

In addition to compliance to regulations, a CRA must deliver an accurate report. If a candidate is not hired based on inaccurate information from social media screening, they may have cause to bring a lawsuit.

Guidelines for Compliant Social Media Screening for CRAs

CRAs can’t just google for social media posts and then merely browse what they find. Their process must be formal and structured.

Define Screening Parameters

CRAs must have a social media screening guide with documented policies and procedures. They should work with their clients to ensure policies are consistent on both sides of the employer-CRA partnership. Documentation should address when in the hiring process screening will take place, what job levels will be screened and what information will be included in reports.

The procedures should define which sites will be searched. These could include not only social media but also blogs, vlogs, forums and even public shopping wish lists. CRAs should bear in mind that FCRA stipulates a seven-year limit for looking back in searches. Procedures should also include what information will be considered relevant, how it will be scrubbed to comply with Title VII and in what format it will be delivered to the employer.

Risk Assessment & Decision-Making

If there’s ever a legal challenge, employers will need to show that information from the screening is relevant to the job. They must determine whether the social media content in question affects the individual’s ability to do the job or presents a threat in the workplace. A CRA can help the employer in this by defining what information will be returned from the search based on the job requirements.

Employers can make this process less threatening to applicants by showing sample reports and explaining exactly what sort of information they’ll get from their CRA and what will be left out.

Privacy Concerns

While much social media activity is an open book, CRAs must be aboveboard in the way they retrieve it. First, the employer will have obtained signed consent before the search even starts. Then, the CRA should limit their search to what any individual browsing social media can discover. For example, they must not “friend” the candidate under an assumed identity to gain additional information.

Handling Misinformation

Most names belong to more than one person, and the CRA must have procedures to know they’re looking at the right “John Smith” before they start reviewing posts.

We all know that not everything on the internet is what it seems to be, and posts can appear to be written by the person in question when they were instead produced by an impostor. CRAs need to be aware of this and have procedures for detecting it.

Bottom Line

Social media screening is already broadly used and will become only more widespread. CRAs will be challenged to provide this option legally and accurately. Those that do will have an opportunity to expand their businesses.

CRAs best serve their clients when they partner with a wholesaler such as Eagle Eye Screening Solutions for screening services that integrate into their own background check processes.

Unemployment Benefits Fraud - What CRAs Need to Know

Fri, 04 Aug 2023 19:09:24 GMT

Key Points

Unemployment insurance fraud showed a huge increase during the pandemic when new unemployment insurance (UI) programs were created to combat widespread job loss. Unemployment departments were overwhelmed and there was a “perfect storm” for fraud. This fraud continues to be a concern even though UI claims have fallen.
Some fraud is committed by workers filing for benefits they’re not eligible for. The more concerning problem is fraudsters impersonating workers to file for benefits in their name.
The first line of defense against UI fraud is the employer, because unemployment offices contact the employer before authorizing a claim payment. If a worker is a victim of a fraudulent claim made in their name by someone else, the worker may not discover the fraud until some benefits have actually been paid.
CRAs can do little directly to combat this fraud. Unemployment claims are not public record and they cannot be legally reported in a background search. However, CRAs can keep abreast of the latest trends in UI fraud and advise their employer clients on dealing with it.

Types of Unemployment Fraud

Unemployment insurance fraud takes place when a worker provides false information while filing for benefits. Sometimes fraud is committed by a worker who has returned to work but continues to collect benefit checks. In other cases, the worker has taken a temporary or part-time job but has not reported it to the unemployment office.

A more insidious variety of UI fraud is committed by professional criminals using names and identifying information of workers who may actually be employed. These wrongdoers obtain identity information by buying it on the dark web, hacking it from employer websites or collecting it in phishing schemes such as sending emails with malicious links.

When these criminals succeed in having a claim approved, they may direct the payments to bank accounts that they control. Sometimes, however, they will have the funds deposited in the worker’s account. They might then contact the worker posing as an unemployment official, saying that the payment was made in error and directing the worker to transfer the money elsewhere.

Individual workers are not held responsible for fraudulent claims made in their name by someone else. However, they can spend significant time and effort discovering the fraud, reporting it and following up to get things straightened out.

Ways To Detect a Fraudulent Unemployment Claim

Generally, the party in the first chance to detect a fraudulent claim is the employer. Every time the unemployment office contacts them to state that a claim has been filed, the employer should validate the information to confirm that the claim is legitimate. If the name matches someone who worked at the company, they need to cross-check the employee details they have on file against those listed on the claim. If necessary, they might contact the ex-employee in question to affirm that they actually filed the claim. They should also keep track of active claims. If an employee who was laid off returns to work, they should have a process to ensure that person is not still collecting UI.

Sometimes the person whose identity was stolen is the one who discovers the fraud. This isn't the ideal situation, because it often happens well after the claim was filed and possibly even after funds have been disbursed. They might learn about the fraud when they received paperwork in the mail, such as the 1099-G reporting UI income. They may discover what happened when they file a legitimate claim and have it denied. They might not learn about the fraud until after they file their tax return and the IRS tells them they didn’t report all their income.

It’s far better to prevent UI fraud than detect it after it happens. This is where employers can play a proactive role. They can review their cybersecurity procedures to minimize the risk of hacking. They can force employees to periodically change passwords to critical systems. They should educate employees on avoiding phishing attempts such as suspicious links in emails. They ought to encourage employees to file tax returns promptly and use the IRS identity protection PIN that prevents criminals from filing under their name.

Why Does Reliable Data Matter in Unemployment Fraud Detection?

When an unemployment office processes a claim, they notify the previous employer. They pass on information that was provided by the claimant, including name, address and SSN. If the employer doesn’t maintain reliable and accurate personnel data, they can’t be certain the claim was filed by a legitimate ex-employee. Sometimes hackers are able to obtain some but not all of the worker’s personal data. On other occasions the fraudster might be using one or more data elements that are outdated. In these cases, an employer with sound data management practices will readily recognize that there’s a problem.

Employers can consult their CRAs about UI fraud prevention practices. However, there’s nothing in background checks, short of a criminal conviction, that will tell whether an employee or prospective employee has been involved with unemployment fraud. Employers can't even learn whether they’ve ever filed a claim. A check may turn up a gap in employment, but there are limits to what a CRA may discover and report about what took place during that period. There are other types of fraud for which a background check is useful, but a person’s application for UI is beyond the reach of searches.

What Data Do Employers Need to Detect Fraud Unemployment Claims?

If employers have accurate internal data systems, they can effectively match claims from an unemployment office against what’s in their data stores. They need to have accurate and up-to-date information on name, address, phone number, email address, SSN, hiring date, termination date, earnings and reason for separation. They need to be willing to reach out to the ex-employee to confirm that that individual actually filed the claim in question.

They also need robust cybersecurity infrastructure to minimize the chance of employee data falling into the worn hands.

Bottom Line

Unemployment benefits fraud increased multifold during COVID-19 and continues today. It’s an issue that CRAs, employers and employees all need to be aware of and on the lookout for. Employers are on the front lines in UI fraud prevention and detection. CRAs can provide an advisory role around trends in benefits fraud and best practices to combat it.

Eagle Eye Screening Solutions is a wholesale screener for accurate and reliable searches of county courts and other public records sources. CRAs trust us to keep ahead of the curve on all issues involving background checks.

California Senate Bill 460 to Eliminate Criminal Records from Screening

Fri, 07 Jul 2023 16:13:23 GMT

California law prohibits people who offer housing for rent from discriminating on the basis of race, religion and a number of other factors. At present, criminal history isn’t one of them. A proposed law, Senate Bill 460, would disallow discrimination based on a criminal background, and it would also go a step further. In most cases, a housing provider wouldn’t even be allowed to ask about an applicant's criminal record.

What Is California Senate Bill 460?

SB 460 was introduced on February 13, 2023. It is tentatively called the Fair Chance Access to Housing Act . The name is similar to the Fair Chance Act , which governs the use of criminal history background checks by employers.

The bill would prohibit landlords, referred to in the bill’s language as “housing providers,” from inquiring about a prospective tenant’s criminal history. In most cases, it would disallow them from refusing to rent based on a criminal past when and if they learn about it. According to the bill’s sponsors, this bill is in the best interests of the State of California for several reasons. It would reduce homelessness and the public cost of homelessness. It should reduce recidivism. Another concern cited in the bill is that criminal records can be unreliable and that sometimes housing providers are making adverse decisions based on faulty information.

Here are some key points of SB 460:

Advertising

Under the proposed law, housing providers would be prohibited from producing any advertising that says or even implies that people with criminal records will be turned away. There is an exception; lessors are allowed to mention any restrictions that are required for compliance with federal law.

Furthermore, a housing provider would be required to display a notice of tenants’ rights. The notice will be published and provided by the California Housing Finance Agency. It would have to appear in advertising, at any rental or leasing office and also on websites..

Application and Housing Provider Inquiries

When accepting and reviewing an application, a housing provider would not be allowed to ask about criminal history. They would be prohibited from requiring an applicant to disclose criminal history or insisting that the applicant authorize the release of their criminal history.

If they do order a criminal background check, they must inform the applicant in advance and receive written permission before they proceed. When they receive the results from a criminal history background check, they generally may not refuse to rent based on what they learn. There are very limited exceptions that are required to comply with federal law.

Exceptions

SB 460 is meant to be inclusive, but, in some cases, federal law automatically excludes tenants who have committed certain offenses. For example, sex offenders are ineligible for public housing. People who have been convicted of manufacturing methamphetamine are not allowed in a federally assisted housing unit.

If the search uncovers a reason that the tenant cannot legally occupy the property, the housing owner must provide the tenant with a written explanation. This notification must include the reason for the denial, a copy of the report and a list of local legal resources. After that, the tenant must be given an opportunity to rebut the findings.

Can Landlords Ask About Criminal Records in California?

A search for this type of criminal history is allowed only after the housing provider has qualified the tenant, provided a conditional rental agreement and acquired written consent from the tenant to make the search. When these criteria are satisfied, the landlord or their CRA may search a database maintained by the California Department of Justice.

Applicant Recourse

An applicant who has been wrongly denied housing can take action for injunctive relief. They may also be able to collect actual damages, statutory damages and punitive damages. Statutory damages can be up to three times the amount of a month’s rent, and punitive damages may be allowed if the tenant can show that the wrongful action was committed with oppression, fraud or malice.

Information and Record Keeping

Under the proposed law, the California Housing Finance Agency would provide lessors with a notice that tells applicants what their rights are and explains what to do if they think there has been a violation. Any provider who provides affordable housing would have to submit an annual certificate of compliance with the Civil Rights Department.

How Does California SB 460 Affect CRAs?

As always, CRAs will have to know the law and keep housing providers apprised of what they can and can’t search for as well as what they can do with the information they receive. They must understand the criteria that have to be met before a background search can be ordered so they can help their clients comply with the restrictions of the new law.

SB 460 would not outlaw tenant screening . Housing providers will still be allowed to do credit checks to ensure the tenant can pay the rest. They can still exclude smokers and pets. They just can’t automatically reject an applicant with a criminal record.

Even if SB 460 becomes law, CRAs will still be called on to do criminal records searches for housing providers. However, there will only be a limited number of crimes that they will be searching for and reporting on.

How Far Back Do Criminal Background Checks Go in California?

There are limitations on what incidents can be reported in a California criminal background check and on how far back into the past a screener can look. These restrictions exist today and will continue to exist if SB 460 is enacted. These rules apply to any kind of background search, including pre-employment searches.

Background checks are limited to the past seven years. No record older than that can be reported. Also, reports may not include arrests that didn’t result in a conviction. Background searches may not report juvenile records or adult records that have been sealed. They are not allowed to show pardons or expungements. They are not permitted to show participation in either a pre-trial or post-trial diversion program.

Criminal record-keeping is complex and varies from state to state and even from county to county. Eagle Eye Screening Solutions is a screening partner that has the systems and experience to deal with the complexity. We keep on top of all the regulatory changes in every locality, and we provide CRAs, employers and housing providers with accurate search results that comply with federal, state and local law.

Tips for Combating DOB Redactions in California Court Research

Fri, 23 Jun 2023 17:00:09 GMT

Date of birth redactions are not a new thing for background search companies. Several states have enacted legislation that limits the access of personally identifiable information from court records. However, a 2021 California court decision has created a set of obstacles that require screening companies to adopt even more innovative new approaches.

What Are DOB Redactions in California?

California now prohibits background screening companies from using DOB, driver license numbers and some other identifiers to filter online search results from court records. As the result of a 2021 court ruling , All of Us or None – Riverside Chapter vs. W. Samuel Herrick, California Superior Courts have removed DOB as a search field in online portals and courthouse public access terminals.

Because of these changes, an individual’s name is the only identifier that can be used as an online search key. This can work for a person with an unusual name, but for common names, the screener must pull records and do further research to determine whether they pertain to the correct individual.

Most county courts are still providing DOB information on request. However, a number of counties have established procedures that make it difficult and time-consuming to obtain this information. For example, some are requiring CRAs to make an appointment to get the information and then limiting appointment times. Others are limiting the number of requests that an agency may make on the same day. Some offices require an additional fee. Others are refusing the requests entirely.

The new restrictions fall in line with the idea that people, especially those who have been convicted of a crime in the past, deserve the opportunity to move forward with their lives with no more obstacles than are absolutely necessary. They build on the principles of fair chance hiring , which has been adopted by many employers and is enforced by law in quite a few states.

CRAs and employers have pushed the California legislature to pass laws that would reverse the court’s decision. The lawmakers did so, however, Governor Newsom vetoed the bill. While these affected parties will continue to lobby for a change, for the foreseeable future, CRAs and employers are going to have to work within the new restrictions. Since the overall trend, nationwide, is for more rather than fewer restrictions on background checks, these obstacles may be here to stay.

How DOB Redactions on Background Checks Affect Everyone

Researching court records has never been easy. Different jurisdictions have different procedures and store data differently. In California, CRAs need to be aware of the state’s unique background check laws . The state already had greater costs and longer turnaround time for searches than other states. With the new DOB redactions, searches in California will be more complex and even more costly and time-consuming.

With the new restrictions, the person’s name is often the only identifier that can be used in a search. In many cases, that means that someone will have to physically visit the courthouse in order to verify that the identity matches the person being vetted. In counties that are declining to provide DOB records and other identifying information, it may not even be possible to do a criminal background search on someone with a common name.

All and all, it’s getting harder for CRAs to conduct California background checks for employers. In more and more cases, they won’t be able to get the information online but will have to send runners to the various courthouses. CRAs may have to pay extra for searches they once conducted online. Add the new redactions to inflation and labor shortages, and the time and cost of doing these checks keep going up. At the same time, reliability may be going down when it becomes difficult or impossible to tell one John Smith from another.

Employers need to be aware of how the changes affect them. They may be at greater risk of hiring a person whose background makes them a problem in the work environment. To minimize their exposure, they should provide candidate’s middle names along with as much identifying information as possible. They need to plan ahead for background searches that may take longer.

Even employers who don’t do business in California need to understand what’s going on in the Golden State. If an applicant previously lived in California, then access to some of their background information will be limited by the new redactions.

Solutions for DOB Redaction Challenges

There isn’t any “silver bullet” that will resolve the California background check issues. Screeners will have to use a multi-pronged approach if they want to obtain accurate information that will satisfy CRAs and employers. They’ll have to develop better automated systems, and they’ll need to put more “boots on the ground” in terms of runners who visit courthouses to dig up the information that used to be available online.

It starts by coming into the search with as much identifying information as possible. There need to be more sophisticated online search systems that can use that input to distinguish between clears and possible hits. Systems will need to validate potential hits against additional identifying information to narrow down the hits as much as possible. Screeners will be at an advantage if they have rich stores of other information they can match against court records. They’ll eliminate more clears and reduce the amount of manual work that’s left up to the runners.

In many cases, where specific courts refuse to provide DOB and other identifiers, the runners will have no choice but to obtain case copies and examine them individually. Screeners will need more manual capability for case copy processing and making calls directly to courts. They will have to continuously upgrade their automated capabilities and engage runners so that, over time, they can reduce their lead time, lower their costs and increase their accuracy.

Background screening companies will have to stay on top of changes in regulations and procedures in multiple jurisdictions , not only in California but also throughout the country. Eagle Eye Screening Solutions integrates with multiple companies in the background check arena. We can integrate proprietary software systems to effectively deploy court runners to verify DOB in all 58 of California’s counties.

California Senate Bill 809 to Limit Criminal Background Checks

Tue, 20 Jun 2023 15:25:33 GMT

On February 17, 2023, the California Senate approved Bill 809 . Proponents call it the “Fair Chance Act of 2023” because it would replace and strengthen California’s 2018 Fair Chance Act. If it becomes law, it will tighten the conditions under which an employer can order a criminal background check and in most cases prohibit this kind of check entirely.

What Is California Senate Bill 809?

The California Senate is convinced that, despite the existing Fair Chance Act, unemployment among former convicts is still too high. This is not only a hindrance in helping these people get their lives back on track but also a strain on state services that support the unemployed. California SB 809 aims to provide gainful employment for a larger percentage of former offenders.

It prohibits employers from inquiring about prior convictions and running background checks. Furthermore, they can’t use criminal history as a hiring criterion even if they learn about it in another way, such as hearing it from the applicant or reading a news article online.

There are limited exceptions. Employers may conduct criminal history checks when they’re required by federal or state law for specific jobs. Also, there are certain job descriptions for which they can exclude applicants who have committed specific crimes that can be shown to create a risk for someone in that position.

Many of the restrictions are already found in the Fair Chance Act that California Senate Bill 809 would replace. Even today, employers may not ask whether a person has been convicted of a crime on an application or early in the interviewing process. They may not order criminal background checks until a conditional offer of employment has been extended. If they reject the candidate based on a conviction, they must explain to the candidate in writing what they did and why. They must give the candidate an opportunity to rebut their argument.

Under SB809, they would be required to conduct a new assessment if the applicant provides new information. They would have to show that the specific crime in question truly creates a risk for one or more of the specific duties of the job.

SB 809 also strengthens the disclosures that the employer must make to the applicant. They would have to post a significant amount of information about candidates’ rights, including all the laws and regulations that restrict their ability to conduct criminal history screenings.

Outside of the limited exceptions, employers would be prohibited from taking any adverse action based on criminal history, including refusing to interview, terminating an interview, refusing to hire and terminating employment.

How To Comply with SB 809

Employers will need to review the law and ensure that they meet all its requirements . That includes not the things they are prohibited from doing but also the things they must proactively do .

They must post a copy of the new act in a prominent place, written in English, Spanish and any other languages that at least 10 percent of employees speak.
They must include language in all job advertisements stating that they will consider qualified candidates with a criminal history, unless it is inconsistent with state or federal law.
Where background checks are required or permitted, they must disclose their intention to conduct such a check.
They must retain all documents, records and written assessments for four years.

Employers already have significant responsibilities under the existing Fair Chance Act. The new complexity would put employers at even greater risk of running afoul of the law. To ensure they’re compliant, they should work with a CRA that they can trust and that uses trustworthy screening services.

What Is the Limit for Background Checks in California?

Whether or not SB 809 becomes law, there are limitations on what information may be reported from a criminal background check in California. Background checks are limited to the previous seven years. Any criminal record that is older than that may not be reported.

In addition, reports may not include arrests that did not result in a conviction. They may not report participation in diversion programs, whether they took place before or after a trial. They will not report juvenile records or any adult records that have been sealed. They may not report non-felony marijuana convictions that are more than two years old.

What Is the Fair Chance Act in California?

Unless SB 809 becomes the law, fair chance hiring will continue to be governed by the 2018 Fair Chance Act. This law restricts when criminal background checks can be ordered and how it can be used. The new law differs in significantly restricting whether these checks can be used at all.

One of the key features of the California Fair Chance Act is the so-called “Ban the Box” rule. This provision, which has been adopted by the majority of the states, prohibits asking about criminal convictions on a standard application form. The name “Ban the Box'' derives from the yes-no checkboxes that once frequently appeared next to the question, “Have you ever been arrested or convicted of a crime?”

Under the Fair Chance Act, questions about criminal history and criminal background checks are not permitted early in the hiring process. The employer is required to make a conditional decision before they know anything about the candidate’s criminal past. When a tentative offer of employment has actually been extended, the employer may then order the background check. If a criminal conviction turns up, the employer may rescind the offer only if the offense creates a risk in the workplace or disqualifies the candidate from one or more of the specific duties of the job.

If the employer does rescind the offer, they must explain in writing why they did so. The candidate must then be given a chance to dispute the report or challenge the reasons why the crime disqualifies them for employment.

California SB 809 differs from the current law by being more restrictive on whether criminal history can be used at all. It’s also more stringent about the circumstances under which an employer can rescind an offer.

Whether or not California Senate Bill 809 is enacted, employers and CRAs are likely to face changes in background check laws and how they are applied. Quite often, court rulings clarify aspects of the law and force employers and background screeners to modify their practices. That’s why it’s important to engage a screening partner who keeps abreast of the latest laws and all their interpretations. Eagle Eye Screening Solutions know the rules across multiple jurisdictions and continue to provide criminal research results that are fast, accurate and compliant with all regulations.

The Essential Guide to Data Quality for Background Screening Companies

Fri, 02 Jun 2023 13:08:53 GMT

When a background screening company claims to have high data quality, what does that mean? CRAs and employers expect to receive high-quality data, but how do they know they’re getting it? Can a screener prove their data has high quality? As it turns out, measuring quality is something that’s garnered a lot of attention in the business world over the past few decades. There have been multiple initiatives to measure quality and the cost of quality.

What is Cost of Quality (COQ)?

The abbreviation COQ is bandied about a lot these days, but here’s one widely used definition: the cost of quality consists of expenditures to ensure good quality plus costs incurred as the result of poor quality. Sometimes these costs are separated into four categories. Appraisal and prevention costs are the expenditures a company chooses to make to maintain top quality, and external failure and internal failure are the expenditures they’re forced to make as the result of quality deficiencies.

Failure costs might include the cost of rework, the wasted time of people due to rework, potential lost business and reputation damage. Appraisal and prevention costs include the cost of measuring quality and the cost of putting systems and processes in place to prevent defects.

On the appraisal and prevention side, COQ is an investment. When a screening service invests in quality, benefits flow not only to the company and its staff but also to their clients and all their stakeholders.

The appraisal process measures defects. There is a lot of room for defects to creep into the background screening process. A screening service must understand the order, validate that they’ve received it correctly and transmit it accurately to the research teams and automated processes. They must ensure that the results they discover are accurate and complete. Even though CRAs are not directly subject to the Fair Credit Reporting Act , they should understand the relevant regulations and advise their clients on how they may use the data. Finally, they have to return results to the client in a format that’s readily understood and easy to follow.

A defect is a failure, an inaccuracy or an incompleteness anywhere along this process. A commonly used measure is defects per million opportunities (DPMO). In many industries, companies strive for a DPMO of 3.4 or less. That’s a very small number, representing a defect only 0.00034 percent of the time. However, every defect carries the possibility of rework or of dissatisfying a customer, so it pays to drive that number as close to zero as possible.

What is a Cost of Quality Report?

A COQ Report defines and measures how much is being spent for prevention of defects compared to the cost resulting from failures. For a company implementing any type of quality management program, it points out what’s important in improving quality and where the company stands with respect to what’s important. It’s a report card to let management readily see how well the quality initiatives are doing.

A screening service’s quality report might show, among other factors, what the DPMO is in each type of search the company does and in each step of the processes in those searches. It will also show management how DPMO has changed over time.

The Importance of Quality Background Screening Data

When you request a background search, either as an employer or a CRA, you need to know that the data provided to you is accurate. Decisions on whether to hire and whether to promote are riding on this data. Basic fairness to the person being screened requires that the data be complete and correct.

Data quality is also critical for fairness to the requesting party. They don’t want to be hiring the wrong individual because of something the screening process didn’t catch. No more do they want to pass on a promising hire because of a falsely reported negative factor. A CRA that repeatedly provides questionable results isn’t likely to compete for long.

In the short run, poor data quality can cause rework and waste employees’ time. In the long run, it will damage reputations and cost clients. It’s not out of the question to face financial liability if inaccurate data compromises someone’s job prospects.

What to Look for in a Wholesale Background Screening Data Company

To ensure data quality for background screening companies, it’s vital that they engage a top wholesale background screening company . This should be a partner who can handle the most difficult challenges involving multiple data sources and disparate court records. They must have the experience and resources to provide thorough and accurate data and provide it quickly.

Factors you should look for include:

Quick turnaround. An employer who has hired a CRA to vet a candidate often needs an answer right away. Sometimes a slow report is no better than no report at all.
Membership in the Public Record Retriever Network (PPRN) and the Professional Background Screening Association (PBSA). Membership in one or both of these accredited organizations demonstrates that the screener is required to follow stringent guidelines. The PSBA also keeps abreast of all relevant regulations and pushes this information out to its members.
Familiarity with the Fair Credit Reporting Acts (FCRA). This was enacted to protect the privacy of consumers and to ensure the accuracy of information. A good wholesale screener will understand exactly what any party may and may not do under the act.
An understanding of fair chance hiring . Many states require this practice, which governs what background information an employer may request, when they may request it and what they may do with it. Many employers choose to practice fair chance hiring even in states where it’s not mandated.
Solid relationships with courts. This is especially important when seeking local court information, which is not always easy to access and sometimes requires a relationship with local court runners who track down needed records.
Advanced technology and online tools. The better the tech, the quicker, more accurate and more complete the results from online sources.
Outstanding customer service. Client support should be available promptly and via the customer’s choice of communication such as email and phone.

At Eagle Eye Screening Solutions, we take seriously the trust that CRAs put in us. Your success is our success, and we strive to help you build your reputation and grow by consistently providing the highest quality information to you and your clients. Our experience and our first-rate technology has enabled us to build a comprehensive, high-quality process that is scalable. We’ve brought great value to other CRAs; contact us to learn how we can do the same for you.

Strategies for CRAs to Detect Counterfeit Healthcare Diplomas During Screening

Tue, 30 May 2023 17:15:30 GMT

Recent news that 7,600 would-be nurses obtained fraudulent degrees roiled the healthcare industry and put hospitals and clinics on alert concerning their hiring practices. Three South Florida nursing schools were involved in enabling these cheaters to acquire fake diplomas.

Needless to say, unqualified nurses are a problem for both patients and providers in health care. The quality of patient care is likely to suffer. Trust in institutions can erode. The reputation of a hospital can suffer, and the provider might be subject to financial liability. Healthcare providers have a huge stake in ensuring that the nurses they hire have the education and qualifications that they, the nurses, claim to have.

It’s critical for these organizations to have effective pre-employment background screening. To accomplish this, many will turn to Consumer Reporting Agencies (CRAs) for assistance, and CRAs must have the experience and the resources to spot counterfeit healthcare credentials.

How to Spot a Fake Nursing Diploma

There are ways that nurses might come into the interviewing process with resumes boosted by fake diplomas. For one, the nurse may have invented or falsified the diploma. More common, however, is the Florida situation, where the school granting the degree is a diploma mill. Diploma mills are schools that issue degrees to people who have not completed the required coursework or who have failed to successfully pass the exams. Often these schools are unaccredited, and they generally grant the degrees in exchange for money.

The first step in identifying a diploma mill is to check the school’s accreditation. Accreditation is the process that monitors institutions to ensure that they meet the required standards for quality. For nursing schools, the accrediting bodies are the Accreditation Commission for Education in Nursing (ACEN) and the Commission on Collegiate Nursing Education (CCNE). You can contact the accrediting body to confirm a school’s accreditation status.

You can also look directly at the college program’s requirements. Valid nursing programs have prerequisites. For example, a student must complete chemistry and biology courses before being admitted. Bogus programs may have prereqs that are vague or even no prereqs at all.

An unusual-looking diploma is another red flag. Legitimate diplomas are printed on high-quality paper, and you will find the school’s name, a seal, a college representative’s signature, and the student’s name. Counterfeit diplomas might be cheap-looking, lack an official signature, and even contain spelling errors.

You should also check the candidate’s nursing license. Valid programs require their students to pass the National Council Licensure Examination (NCLEX). You can verify the license with the Board of Nursing in the state where the nurse should be licensed.

If the college is located in a place where the candidate never lived, the diploma may be fake. In such cases, you should confirm that the institution has an accredited remote learning program.

There may be cases where the college is an accredited program but the candidate never actually earned the degree. Legitimate schools keep a record of graduates and can tell whether a specific individual graduated.

Finally, you may be able to infer from the candidate’s resume that the diploma is not valid. If the dates on the resume suggest they earned the degree too quickly, it’s probably not valid. Associate programs are usually two-year programs, adding a bachelor’s degree takes two to four years and a master’s program requires another year or two. Credentials earned in the wrong order constitute another red flag.

How Employee Background Screenings Uncover Fake Diplomas

As you can see, it can take a lot of validation to ensure that a diploma is legitimate, and most healthcare providers don’t have the time or resources to properly vet every candidate. They might have to research nursing schools on a one-off basis, going to a mix of resources to validate a school’s program. They would have to validate the applicant’s proof that they did indeed earn the degree. That’s why so many turn to CRAs. So, how can CRAs detect counterfeit healthcare diplomas?

CRAs can do the job more quickly a nd more accurately because they have an automated screening process and they have access to the data stores that contain the critical information. They can use screening solutions that do multiple checks with a single query. They have seen most educational institutions come up in background searches, and they recognize the circumstances that require further investigation of a school.

A CRA background search will check the school’s accreditation status and degree requirements. It will verify that graduation actually occurred and validate the nurse’s license. These are normally done as part of an overall background check which also validates education history, employment history, and possibly even the existence of a criminal record.

Key Medical Credential Identification Verifications

Even if the nursing diploma is legitimate, there are other validations required to know whether the applicant is truly qualified for a nursing position. CRAs can use a special-purpose medical database to evaluate three important aspects of an applicant’s background.

1. Sanctions and Exclusions Check

Some healthcare providers and related organizations have limitations on their licenses. They might be excluded from federally funded programs. Some schools are diploma mills that have been previously found out. A Sanctions and Exclusions check identifies whether these restrictions apply to the parties in question.

2. Credential Check

This process cycles through a number of background checks, depending on the applicant and the position. In addition to license and certification validation, it might also run checks with the Drug Enforcement Agency (DEA), the Pharmacy Technician Certification Board (PTCB), the American Board Certification, and the National Provider Identifier (NPI).

3. Abuse Registry Check

This check is important for employees who will be working with vulnerable populations. This involves a database search with the State Department of Health, and it identifies anyone with documented abusive behavior against adults or children. This search is not available in all states.

Compliant Healthcare Background Checks

In addition to covering all the critical credential and background checks, employers and CRAs must make sure their searches comply with federal, state, and local laws. Many states have fair hiring laws that cover what an employer may ask, when in the process they may ask it, when they may order background checks, and what they are allowed to do with the information they uncover in those checks.

Eagle Eye Screening Services keeps abreast of the latest regulations and will guide clients in keeping their checks compliant. On top of that, our services are fast. We conduct AI-assisted record retrieval that acquires results in minutes. Count on Eagle Eye to deliver background information quickly, accurately, and compliantly.

How Marijuana Pardons Affect Employee Background Checks

Fri, 26 May 2023 14:04:28 GMT

The nation’s attitude toward marijuana use has changed. Fewer and fewer people believe that merely possessing or using marijuana is an act that calls for criminal prosecution. However, over the years, millions of people have been arrested and many convicted for possession of marijuana. Many of these convictions remain on the books and in some cases compromise job opportunities. Recently, a movement has begun to grant pardons to this group of people.

What is a Marijuana Pardon?

In 2022, President Biden issued a blanket pardon to everyone convicted of simple possession of marijuana as a federal crime, provided the person was either a US citizen or a lawful resident. This was largely a symbolic act, as most marijuana convictions take place under state law. Only about 6,500 federal offenders were affected, along with a few thousand more in the District of Columbia.

However, Biden encouraged governors to grant similar pardons at the state level. Oregon has done so; Governor Kate Brown pardoned about 45,000 people with such convictions. In Pennsylvania, a Pardon Project encouraged certain cannabis offenders to apply for accelerated clemency. With recreational marijuana legal in over 20 states, we can expect to see more of these blanket pardons.

It’s important to recognize the difference between a pardon and an expungement . When a crime is expunged, it’s as though the offense and conviction never occurred. Depending on the state, all records of the crime may be digitally deleted or physically destroyed. A person whose offense has been expunged can legally and honestly answer “no” when asked if they have been convicted of the crime.

A pardon means that a person has been forgiven of the offense and need no longer bear consequences such as fines and prison sentences. The offense is still on the books and may be discovered in a criminal background check. A pardoned person must answer “yes” when asked if convicted but may add the fact that the offense was pardoned.

A consumer reporting agency is less likely to discover an expunged conviction than a pardoned one. Because of communication involving courts, state agencies and record repositories, an expunged conviction will sometimes appear in a background search, even though it shouldn’t.

In any case, a reporting agency may not report an expunged conviction to a potential employer. If the employer somehow discovers it, they may not use it to make a hiring decision. State laws vary, but many states do not permit a pardoned conviction to be reported or acted on.

What Employers Need to Know About Marijuana Pardons

More and more employers these days are practicing fair chance hiring . Fair chance practices include not asking about criminal records early in the hiring process but waiting until after making a conditional job offer to order a background check. In some cases, fair chance hiring is mandated by state law, and in others, employers choose to go this route because they find that it’s a sound business practice and expands the pool of hirable candidates.

Most states regulate the use of criminal convictions in background checks and hiring decisions. Employers need to be aware of state and federal laws that apply to them. It’s typical for states to limit how far in the past employers can go in considering convictions. Many states mandate that an employer can refuse to hire only if the conviction is for a crime that’s relevant to the employee’s duties at the company. A lot of states don’t allow an employer to consider convictions that have been pardoned. This includes pardons for marijuana offenses.

How Marijuana Pardons Affect Employees

A marijuana pardon can make life easier for anyone seeking a job, but it isn’t a cure-all. It’s important to remember that a marijuana pardon is a pardon and not an expungement. If a potential employee is asked point-blank about a marijuana conviction, they cannot honestly deny that it happened. They must admit the conviction, although they may add the fact that it has been pardoned.

That being said, it’s continuously becoming less likely that the question will be asked. At least 16 states and some municipalities have “ban the box” laws, where candidates may not be asked about criminal records on an initial application. In these states, a tentative decision to hire will ordinarily be made before a background check is ordered. Even when and if the check takes place, the employer generally may not use a pardoned conviction as a reason to rescind the job offer.

It’s important to recognize that a marijuana conviction is not a license to continue to use marijuana as an employee. This is especially true if recreational drug use is a legitimate disqualifier for the job, as it might be for truckers or heavy equipment operators. Companies may still do drug testing and terminate employees who use marijuana and other drugs, even in states where recreational cannabis use is legal.

How Marijuana Pardons Affect Employers

Marijuana pardons do not prevent employers from doing criminal background searches. Sometimes, but not always, a background check will tell an employer that a candidate has a pardoned marijuana offense. In many states, an employer will not discover the pardoned offense until late in the process, after a tentative offer has already been extended, and will generally not be allowed to take the offer back.

Even in situations where eliminating a candidate for a pardoned offense is permissible, employers should think hard about whether they really want to do so. They should consider whether such an action makes business sense. There should be compelling reasons for an employer to be concerned about this kind of history.

This doesn’t mean that an employer needs to permit marijuana use by current employees. If there are valid reasons why employees in certain positions need to be drug-free, a company ordinarily can insist on abstinence from marijuana and use drug testing to enforce the policy.

As more states forgive low-level drug use, marijuana pardons are likely to become increasingly common in the next few years. It pays to have a reliable screening service that conducts compliant background checks and understands how employers are allowed to use them. Eagle Eye Screening Solutions keeps abreast of federal, state and local laws. We understand how marijuana pardons affect employee background checks, and we can help you maintain a background check process that’s legal and effective.

Michigan Expungement Law and The Effect on Background Checks

Fri, 28 Apr 2023 14:45:05 GMT

About 70 million Americans have some kind of criminal history. That’s one in three adults who may run into problems when they apply for a job. Limited employment opportunities for these people shrinks the workforce at a time when companies are struggling to fill openings. It also damages the economy and strains social services.

As a result, many states are proposing and/or passing laws that make it easier for old criminal records to be expunged.

What Is Expungement?

To expunge something is to erase or remove it completely. In terms of criminal arrests or convictions, it involves deleting all records and adopting a legal fiction that says that they never existed.

The terms “expunge” and “seal” are sometimes used interchangeably, but they’re different. When a criminal record is sealed (for example, for an offense committed as a juvenile), the record is still there, but the public can’t see it. Under certain circumstances, courts and law enforcement officials can have access.

By the strict definition, when something is expunged, it’s gone. It exists only in memory and not on paper or in a database. In actual practice, the term “expungement” is often used to refer to something that may still exist but is difficult to get at.

What Are Expunged Criminal Records?

When it relates to criminal records, expungemen t (which is sometimes called expunction) is a process, ordered by a court, whereby the record of an arrest or conviction is erased in the eyes of the law. A person who has had a conviction expunged is allowed to act as if it never happened. They aren’t required to disclose the information when answering questions, filling out forms or applying for a job.

Convictions under state law are often eligible for expungement, but not everyone who is eligible applies. In fact, it’s been estimated that fewer than 10 percent of eligible Americans successfully complete the process and have their arrests and convictions expunged. There are a couple reasons for that. First, laws on expungement eligibility vary by state and are often complex, and many ex-offenders don’t realize that they’re eligible. Second, the process can be difficult and expensive. If there’s more than one conviction, the individual may have to complete the process separately for each.

Expungement is done differently in different jurisdictions. Some adhere to the strict definition of expungement and physically destroy the files and delete the digital record. Others merely prohibit the release or distribution of the record in question. When this happens, the “expunged” event is still a part of the person’s record, available to some people in specific circumstances. For example, if the person commits new crimes, the court may consider the record while passing sentence.

Expungement applies only to offenses under state law. Federal convictions can be neither expunged or sealed.

In any case, criminal record expungement is a process that can change an ex-offender’s life. Historically, however, only a small minority of eligible individuals have taken advantage of it. Some see this as a social justice issue, since poor people and minorities are overrepresented in arrests and criminal convictions. In 2014, Community Legal Services (CLS) of Philadelphia did something about this. They developed computer software that automatically creates expungement petitions for eligible individuals.

Understanding Clean Slate Laws

A state has the power to go further than CLS of Philadelphia. They don’t have to stop at creating petitions. They can build automated processes that search their criminal records, find eligible individuals and automatically either expunge or seal the records. Many states, including Michigan, are beginning to do just that. The laws that authorize this process are called “clean slate laws.” The individual doesn’t have to file petitions or take any sort of action to make expungement happen.

Clean slate laws are an obvious boon to the ex-offender, and they are not without benefits to the state and to employers that do business in the state. Ex-offenders with jobs are more likely to become productive members of society and less likely to re-offend. Employers gain an expanded pool of candidates. In fact, many employers note that these people do their jobs as well as or better than their colleagues. Expungement provides a benefit to states that no longer bear the social costs of excluding these persons from useful employment.

Clean Slate Laws by State

In 2023, Michigan began automatically sealing records of many misdemeanors and felonies, based on the time that had passed and the seriousness of the crime. However, Michigan is only one of several states that are getting on the clean slate bandwagon. At least 19 states have established some sort of automatic process to clear records.

Pennsylvania, home of CRA of Philadelphia, passed the nation’s first clean slate law in 2018. The trend has spread to both states that are liberal and conservative. Utah, Connecticut , Delaware, Oklahoma and Colorado have joined in, and expungement there has either begun or is about to. Each state has its own rules about what crimes can be expunged and what the waiting period is.

Michigan Clean Slate Law

In Michigan, the process began in April, 2023. Records are automatically sealed for all minor misdemeanors and up to four major misdemeanors, seven years after sentencing. Up to two felonies can also be expunged automatically, 10 years after the prison sentence is complete. Certain offenses are not eligible for automatic expungement, including assaultive offenses, serious misdemeanors, felonies punishable for 10 years or more in prison, crimes involving serious injury or death and crimes involving a minor, a vulnerable adult or human trafficking.

In the first three weeks of the Michigan expungement law program, over 800,000 Michiganders had at least one conviction automatically eliminated. Many of these are minor non-violent offenses or crimes committed as juveniles.

How Clean Slate & Expungement Laws Effect CRAs

In most cases, a CRA background search will not uncover expunged arrests or convictions. Employers who order checks may not see older criminal records, but in many states they’re already restricted in making hiring decisions based on this information. CRAs will still turn up federal criminal records, which are never sealed or expunged. In some cases, FBI databases may continue to hold information that is hidden in state records, and courts and government agencies can request sealed records. It’s not impossible that a CRA could discover information that a state means to keep under wraps.

CRAs must always be vigilant to keep up with the latest state and local laws and to provide their clients with checks that are accurate and legal. Eagle Eye Screening Solution is a reliable partner for employers and others who require thorough and compliant background checks.

A Guide To Fair Chance Hiring For Employers

Mon, 24 Apr 2023 15:31:19 GMT

About 70 million Americans have criminal records of some sort. That’s almost one-third of U.S. adults. With today’s automated searches , it’s easier than ever for an employer to learn about these incidents.

However, there’s a movement afoot to encourage – and in some cases mandate – employers to be slower to seek that information, and less likely to refuse employment based on it. It’s called fair chance hiring.

What is Fair Chance Hiring?

Fair chance hiring, also called second chance hiring, exists to increase employment opportunities for individuals with criminal records. In fair chance hiring, an employer defers criminal background checks until late in the process, after a tentative hiring decision has been made and a conditional offer has been extended. Furthermore, if a criminal record does turn up after the job has been conditionally offered, the company does not automatically reject the candidate. Rather, they consider the specific circumstances to determine whether the criminal record has any actual safety risk or makes the person unable to perform the job.

There are good reasons for this practice. For starters, most employers are struggling to fully staff and should welcome the opportunity to increase their candidate pool. There are ex-offenders who have the skills, education, and experience that employers need. Also, there’s evidence that employees with records in their past tend to stay longer at their jobs.

Also, unemployment among individuals with criminal records is high, and it creates a strain on the economy and social services. For that reason, the government has an interest in increasing employment in this group. The Fair Chance To Compete for Jobs Act became law in 2021, and it prohibits the awarding of federal contracts to contractors that conduct criminal background checks before at least conditionally making employment offers.

Employers may find valuable candidates that might have been overlooked by becoming fair chance employers.

What Does It Mean To Be a “Fair Chance Employer?”

A fair chance employer bases hiring decisions on qualifications rather than on whether the candidate has a criminal record. These employers don’t list questions about arrests and convictions on application forms. They don’t do background checks until they’ve made a preliminary decision to hire and have conditionally offered the candidate the job.

That being said, fair chance employers do not entirely do away with criminal background checks. Most still use court record searches and criminal record searches . However, they don’t use them until late in the process, to vet the candidate they’ve chosen before finalizing their hiring decision.

If this delayed background check turns up a criminal record, a fair chance employer doesn’t necessarily reject the candidate. They assess the individual situation to determine whether the offense is one that specifically disqualifies that candidate for the specific job or whether the candidate’s background creates an actual safety hazard in the workplace. If neither of those is the case, they proceed with the hire.

If they do choose not to hire, they follow the adverse action process. First, they notify the candidate of exactly what they found and why they may choose not to offer employment. The applicant then has an opportunity to dispute the findings or offer mitigating evidence. If the employer still chooses not to hire, they give the candidate notice and inform them of their rights under the federal Fair Credit Reporting Act (FRCA) and relevant state and local laws.

State and Municipal Fair Chance Hiring Laws

Many states and localities have fair hiring laws that are more stringent than federal law. For example, at least 37 states as well as over 150 local governments have instituted “ban the box” laws . These eliminate what used to be a common practice, that of including a check box on the application form asking whether the candidate has been arrested or has a conviction.

At least five states, including Illinois, New York, California, Hawaii, and Wisconsin, don’t allow an employer to disqualify a candidate based on their criminal record unless the incident meets specific standards relative to the job in question or public safety.

California does not allow employers to ask about criminal convictions until they’ve made a conditional job offer. Louisiana requires employers to determine whether a candidate’s criminal record directly and adversely impacts the job, and it applies to both public and private employers. In New Mexico, employers may not consider pardoned, expunged, sealed, dismissed, or juvenile records. These are only a few examples of the specific restrictions that go further than the FCRA.

What are Fair Chance Hiring Practices?

Employers must obey state laws where they do business, but even those who don’t operate in restrictive states might consider adopting fair hiring practices. Such practices expand the pool of potential employees, get ahead of laws that may be enacted in the future, and may even enhance a company’s reputation. Here are some key practices:

Use equal opportunity language in your job posting, stating that you do not discriminate based on a criminal past.
Don’t ask about criminal records on job applications, even if state and local laws permit you to do so. Focus questions on qualifications.
Make a preliminary hiring decision before ordering a criminal background check, and extend an offer to the candidate that’s conditional on the check.
Consider advising against only convictions that relate directly to the specific job or could potentially endanger the workplace and public safety. If the criminal record doesn’t meet these criteria, proceed with the hire.
Consider how recent the conviction is. Give little weight to incidents that happened well in the past.
Direct your background screener to report only relevant convictions. If there’s criminal history that’s not pertinent to the job, do your best to avoid even learning about it.
Train your HR staff. Make sure they know how to assess whether criminal information is relevant.
Consider mitigating evidence. If, after reviewing criminal records, you lean toward rescinding the employment offer, give the candidate a chance to rebut. Take seriously the evidence they present.
Choose a reliable partner to perform your background checks.

Eagle Eye Screen Solutions has over 20 years of experience and knows the ins and outs of searching criminal records , particularly when it comes to unusual and archaic systems employed by some cities and counties. We keep abreast of state and local fair hiring laws so we can deliver search results that are accurate, relevant, and legally compliant.

Which Entities Are Not Subject to Regulations Under the FCRA?

Mon, 17 Apr 2023 16:59:10 GMT

The Fair Credit Reporting Act sets limitations on how various business entities can collect and use financial information and other background information about consumers.

Not all provisions of this act apply to all entities in the same way. Some business entities are not subject to all the regulations under the Fair Credit Reporting Act.

What is the Fair Credit Reporting Act (FCRA)?

The FCRA is a part of the Federal Consumer Credit Protection Act. It regulates the use of credit reports to ensure the privacy, accuracy, and fairness of information that is stored, retrieved, and shared about individuals for credit checks and background checks.

The FCRA regulates what information credit bureaus are allowed to collect. It governs who is allowed to see it and under what circumstances. In most cases, consumers must initiate some kind of action or otherwise agree to allow information to be released. Examples of these actions are applying for a loan, for an insurance policy, or for certain licenses issued by the government. Information may also be released to prospective employers, but only if the employer provides a written description of the background check process and receives the consent of the applicant.

The FCRA also gives the consumer the right to see the information and to dispute its accuracy. For job applicants, it requires employers to inform them about the details if a decision not to hire was based on this background information.

Common Fair Credit Reporting Act Violations

For all the emphasis on fair credit reporting, there are still businesses that run afoul of the FCRA. Some of the more common violations are:

Reporting inaccurate information. Examples include inaccurate account balances, inaccurate payment history, and misreporting a debt as charged off when it was actually settled or paid.
Reporting outdated information. This would include reporting info over seven years old and failing to report a discharge of bankruptcy.
Reporting debt as belonging to the wrong consumer. This can happen when there are similar names, SSNs, or other identifying information.
Failing to act properly on a consumer dispute. Examples include failing to inform a creditor of a dispute, failure to investigate the dispute, and failing to update information when the dispute is resolved.
Accessing data for an impermissible purpose. This includes an employer ordering a report without the applicant’s permission, a creditor of a closed account pulling a report, or a lender requesting a report before the consumer has applied.
Failure to give notice. Consumers are entitled to a notice about the use of their credit information.

Which Entities Are Not Subject to Regulations Under the FCRA?

While there are business entities that are not directly subject to full regulation under the FCRA , many of these are covered by other aspects of federal law. Even these entities don’t have a completely free hand when dealing with consumer data.

Background-Screening Companies

These organizations are considered consumer reporting agencies (CRAs) and, as such, must comply with laws that require information to be accurate. They must ensure that the data they provide on creditworthiness, ability to pay, and personal characteristics are correct and up to date.

A larger regulatory burden falls on parties that these companies provide information to, particularly employers. Employers must obtain permission to order reports, inform applicants about the process and provide these applicants with the results. They must also explain any adverse action, such as a decision not to hire, within a reasonable time of the decision. They must give the applicant the opportunity to dispute adverse findings.

CRAs

CRAs, since they provide reports rather than initiate them, do not fall under the regulations that govern how other entities order reports and what they do with them. However, they are required to make their reports available to the public. In most states, the CRA may charge a small fee for the report, but in several other states, they are required to provide the info free of charge.

There’s some dispute over which entities are CRAs and which are not. While the FCRA has a definition, it’s been broadly interpreted to include entities such as tenant screening agencies and criminal background check providers. The government is making an effort to restrict the use of consumer reports by more narrowly defining CRAs.

Credit Card Issuers

Credit card issuers have limited restrictions on the information that they are required to provide to their applicants and cardholders. These issuers are not required to disclose every bit of rate information. For example, they do not have to disclose teaser rates and penalty rates. They are allowed to express their rate as a single APR number. Credit card issuers have broad discretion about which of their terms they choose to disclose.

Credit card issuers may run both pre-screen and post-screen reports for initial credit judgments and final decisions. The pre-screen retrieves a smaller set of information. The issuers may use different CRAs for the two types of reports.

Many credit card issuers provide credit reports as a customer service. However, it’s not generally required.

Credit Unions

Credit unions are often called on to provide information about members to third parties. This can include negative information such as late payments, delinquency, and even insolvency. They must disclose this kind of information in a clear and conspicuous manner within 30 days of providing it to a third party.

Credit unions must notify third parties if one of their members disputes information in their report. If a creditor disputes a report, they must inform the member about it. They are expected to investigate any dispute about their accounts.

Credit unions position themselves in the market as consumer-friendly financial alternatives, so it behooves them to take every measure to deal fairly with their members in credit reporting.

Banks

Because banks often provide financial information to CRAs, the FCRA includes provisions that require banks and other financial institutions to verify the information before delivering it to a reporting agency.

Banks are limited in what they are allowed to share with affiliates. In most cases, they are not permitted to share financial information with third parties without the consumer’s consent.

Banks must be cautious in the use of the reporting information they receive. The Equal Credit Opportunity Act (ECOA) makes it illegal to discriminate against potential borrowers for any cause except their ability to repay. Banks are not allowed to base lending decisions on factors such as race, religion, age, and sex.

It’s critical for CRAs, as well as entities that use their services, to be aware of what they can and cannot do with background checks and consumer data. The regulations are complex, and state and local regulations add another degree of difficulty. Eagle Eye Screen Service is your go-to source for accurate and legal public record reporting.

What Does Success Look Like to You?

Fri, 03 Mar 2023 14:05:32 GMT

Jason Allen is a prominent business professional and the CEO of Eagle Eye Screening Solutions – a trusted source for public record information.

Based out of Riverside, California, Jason and his team provide comprehensive data solutions or businesses of all sizes. By offering real time search data extraction from across the country, their team streamlines criminal record checks to eliminate the chance of human error.

How have you achieved success?

Surrounding myself with good friends that have great character made me want to do more and be more. Never surround yourself with people with no goals in life. I also work alongside some industry leading professionals who inspire me to be a better version of myself.

What obstacles have you overcome in the process?

Finding the confidence I need to be successful is probably one of the hardest obstacles I’ve had to overcome in my life. We all have that voice in our head that tells you all the negative things that could happen, but we need to listen to the voice that tells you all the great things that can happen instead and make them a reality.

What drives you to succeed?

Fear for me, the fear I will let my family down drives me to be the best I can be each day. I worked for several CRA companies early on in my career which provided me with a lot of industry knowledge. I realized that to be successful I always needed to be learning and expanding my professional networks. I am a lifelong learner and I am always looking to improve.

How has your definition of success changed over the years?

I think you need big goals to succeed but you need a solid roadmap on how to get there. Every year your definition of success will change with your goals but as you grown and accomplish each milestone your goals will continue to grow. Take the time to reassess your path when you need to and also don’t be scared to alter your goals either.

What has success meant to you?

It is up to you to define success for yourself, and no one can do it for you. Being successful could mean making a positive impact on the world. It can also mean professional advancement.

Having the ability to do what you love could mean a lot. In a nutshell, it could mean being able to provide the best possible upbringing for your children.

There’s no right or wrong answer. There is no one approach that works for everyone.

Do you have advice for others on how to be successful?

My best advice would be to always remain organized. Always have a clear picture of where you want to be in the next five years and then do your best to plan your goals accordingly. And secondly, be open and honest with your clients. Communication is fundamental to success and transparency cultivates a sense of trust.

Eagle Eye Screening Shares The 5 Biggest Red Flags that a Candidate is being Untruthful in their Application

Fri, 24 Feb 2023 22:14:55 GMT

Hiring new employees can be a daunting task. Finding the right person for the job is crucial, which can be difficult if you’re unsure what to look for. Experts at Eagle Eye Screening in Riverside, California, know one of the biggest things to watch out for is candidates who are being untruthful in their applications. If you see any of these five red flags, moving on is best to find someone else to fill the position.

The Candidate Can’t Provide Specific Examples Of Their Past Experience

It’s always a red flag when candidates can’t provide specific examples of their past work experience. This is because it either means they don’t have the relevant experience for the role they’re applying for, or they’re not being truthful about their experience. Either way, it’s not a good sign.

If candidates can’t provide specific examples of their work experience , it’s difficult to gauge whether they would be a good fit for the role. You may hire someone who isn’t qualified or will end up lying to you about their experience. Either way, it’s not a risk worth taking.

Eagle Eye Screening says it’s always best to avoid caution and hire someone who can provide specific examples of their past work experience. That way, you can be sure that they’re qualified and that they’re being truthful about their experience. Finding the right candidate may take a little extra time to find the right candidate, but it will be worth it in the end.

The Candidate Has A History Of Job Hopping

Another red flag to watch out for is a candidate with a job-hopping history. This can signify that the candidate is difficult to work with or that they’re not good at holding down a job. Either way, it’s not a good sign.

If a candidate has a history of job hopping, it’s essential to find out why. Are they difficult to work with? Do they have a problem with authority? Or are they just not good at holding down a job? If you can’t figure out why it’s best to move on and find someone else.

The Candidate Dodged Questions Or Was Evasive During The Interview Process

Suppose a candidate dodged questions or was evasive during the interview process. This is because it shows that the candidate is not truthful about their qualifications or experience. They may be trying to hide something, or they may simply not be qualified for the position. Either way, it’s not a good sign.

The best way to handle this situation is to ask follow-up questions. If the candidate is mysterious, it’s essential to find out why. They may be trying to hide something, or they may simply not be qualified for the position. Either way, it’s not a risk worth taking.

It’s always best to avoid caution and hire someone truthful and forthcoming during the interview process. That way, you can be sure that they’re qualified and that they’re being honest about their experience. Finding the right candidate may take a little extra time, but it will be worth it in the end.

The Candidate’s Social Media Presence Is Inconsistent With Their Stated Beliefs And Values

Eagle Eye Screening says if a candidate’s social media presence is inconsistent with their stated beliefs and values, it’s a red flag. This is because it shows that the candidate is not truthful about who they are. They may be trying to hide something, or they may simply not be qualified for the position. Either way, it’s not a good sign.

The best way to handle this situation is to ask the candidate about their social media presence . If they’re being untruthful about who they are, it’s essential to find out why. They may be trying to hide something, or they may simply not be qualified for the position. Either way, it’s not a risk worth taking.

It’s usually preferable to be overly cautious and hire someone honest about their social media presence. This ensures that they are qualified and upfront about who they are. Finding the correct person may take a little longer, but it will pay off in the end.

The Candidate Makes Excuses For Why They Weren’t Able To Do Something, Rather Than Taking Ownership

A candidate’s excuses why they couldn’t do something rather than take ownership is a red flag. This shows that the candidate is not taking responsibility for their actions. They may be trying to hide something, or they may simply not be qualified for the position. Either way, it’s not a good sign.

Eagle Eye Screening says the best way to handle this situation is to ask the candidate about their excuse. If they’re being untruthful, it’s crucial to find out why. They may be trying to hide something, or they may simply not be qualified for the position. Either way, it’s not a risk worth taking.

Hiring someone honest and upfront about their qualifications and experience is always best. This ensures that they are qualified and that they are being truthful about their ability to do the job. Finding the correct person may take a little longer, but it will pay off in the end.

Final Thoughts

These are just a few of the many red flags that indicate that a candidate is being untruthful in their application. If you’re seeing any of these red flags, taking them seriously is essential. The best way to handle the situation is to ask follow-up questions and learn more about the candidate. If they’re being untruthful, it’s not a risk worth taking.

What Is The Importance of Scanning Candidates for your Workplace?

Thu, 27 Oct 2022 19:56:12 GMT

A big decision that companies have to make is who to hire. Getting the best employees for your workplace is essential. Public record retrieval experts like Eagle Eye Screening in Riverside, California, know one way to do that is by scanning candidates. This means running their information through a verification process to make sure they are who they say they are. This article will discuss the importance of scanning candidates and how it can help your business.

The Benefits Of Scanning Candidates

Eagle Eye Screening says candidates undergo a screening process to test whether they are a good fit for the position they applied for. This means employers must sift through resumes, applications, and other materials to find the most qualified individuals. While this may seem like a time-consuming process, it is beneficial for both employers and employees. For employers, screening helps to ensure that they are hiring the best possible candidates . In addition, it can help to identify any red flags that may indicate that an individual is not suited for the job.

For employees, screening allows them to show off their skills and qualifications. It also helps to ensure that they are being considered for positions that are a good match for their skill set. In short, screening is a beneficial process for both employers and employees.

Employers can save time and money in the long run by taking the time to screen candidates. Meanwhile, employees have the chance to showcase their skills and qualifications. As a result, everyone wins when candidates are screened before being hired.

How To Scan Candidates

Now that we’ve discussed the benefits of scanning candidates, let’s discuss how to do it. There are a few different ways that employers can screen candidates.

Professionals at Eagle Eye Screening say one way is to use an employment screening service. These services will run a candidate’s information through a database to check for any red flags. This can include criminal records, employment history, and credit reports.

Another way to screen candidates is to use social media . Many employers will search for candidates on social media platforms such as LinkedIn, Facebook, and Twitter. This can help to get a better sense of a candidate’s qualifications and personality.

Finally, employers can also conduct interviews. This is often the most time-consuming screening method, but it can be very effective. Employers can ask about candidates’ qualifications, work history, and goals in an interview. This can help to get a better sense of whether or not they are a good fit for the job.

What To Do With The Information You Gather

Once you have gathered information about a candidate, knowing what to do with it is essential. First, you should check for any red flags that may indicate that the individual is not suited for the job. This can include criminal records, employment history, and credit reports. If you find any red flags, you should consider whether or not the candidate is still a good fit for the job.

Next, you should take a look at the candidate’s qualifications. This can include their education, work history, and skills. If they seem qualified for the job, you should move on to the next step.

Finally, you should interview the candidate. This is the best way to get a sense of their personality and whether or not they would be a good fit for the job. You can ask questions about their qualifications, work history, and goals in an interview. This can help you to make a final decision about whether or not to hire the candidate.

The Importance Of Background Checks

Once you have decided to hire a candidate, conducting a background check is essential. This can help to ensure that the individual is suited for the job and that they will not pose a threat to your workplace.

There are a few different things that you should look for in a background check. First, you should check for any criminal records. This can help you to identify any red flags that may indicate that the individual is not suited for the job.

Next, you should check the candidate’s employment history. This can help you to get a sense of their work ethic and whether or not they are qualified for the job.

Finally, you should check the candidate’s references. This can help you to get a better sense of their character and whether or not they would be a good fit for the job

By conducting a background check, you can ensure that you are hiring the best possible candidate for the job.

How To Maintain Compliance With Scanning And Background Checking Laws

Eagle Eye Screening experts say when screening candidates, it’s essential to make sure that you comply with the law. You must be aware of a few laws when conducting background checks and employment screenings.

The first law is the Fair Credit Reporting Act. This law requires employers to get written consent from candidates before conducting a background check.

The second law is the Equal Employment Opportunity Commission. This law prohibits employers from discriminating against candidates based on race, color, religion, sex, national origin, age, or disability.

Finally, the Federal Trade Commission requires employers to securely dispose of candidates’ information.

By following these laws, you can ensure that you comply with the law when conducting background checks and employment screenings.

Final Thoughts

Scanning candidates is an integral part of the hiring process. By taking the time to screen candidates, employers can ensure they are hiring the best possible candidate for the job. Employers should look for a few different things when screening candidates. This can include criminal records, employment history, and credit reports. By conducting a background check, employers can ensure that they comply with the law and are hiring the best possible candidate for the job.

CEO of Eagle Eye Screening Solutions Jason Allen Launches Blog

Mon, 20 Jun 2022 20:05:16 GMT

RIVERSIDE, CA / ACCESSWIRE / June 20, 2022 / The Chief Executive Officer of Eagle Eye Screening Solutions, Jason Allen is pleased to announce the launch of his official blog on IndustryMinds.com. With over twenty years of experience in the business sector, Jason is looking forward to sharing his professional accomplishments on a popular media platform. Site visitors will have access to exclusive content including one-on-one interviews and regular blogs and articles. His goal is to upload relevant content that focuses on his industry.

"I am the CEO of Eagle Eye Screening Solutions, we provide wholesale criminal data that is both accurate and reliable. Our team is composed of passionate industry experts that are committed to providing both large and small businesses with integrated solutions. I look forward to sharing some of my professional experiences as a business owner."

With over 3,100 different court jurisdictions in the United States their team helps to minimize errors associated with manual data entry. "We use a variety of different search methodologies including automated county and statewide searches and look through civil and federal records. We work diligently to understand the needs of our customers and put our best foot forward at all times."

Originally seen In Accesswire newswire service

CEO of Eagle Eye Screening Solutions

Mon, 13 Jun 2022 20:50:30 GMT

Jason Allen is the Chief Executive Officer of Eagle Eye Screening Solutions- a nationwide wholesale criminal research company based out of Riverside, California. After graduating from California State Fullerton, Jason worked for many top CRA companies, where he was responsible for the creation and implementation of domestic and international research networks. Given his extensive industry experience, he now provides wholesale criminal data with reliability, speed, and accuracy. With over 3,100 different court jurisdictions in the US, their team helps minimize the errors associated with manual data entry.

Where did the idea for Eagle Eye Screening Solutions come from?

Eagle Eye Screening Solutions, Inc was created to fix the gap between court runners struggling to communicate with their clients and provide excellent TAT to their clients.

What does your typical day look like and how do you make it productive?

On a daily basis we work closely with our research staff to navigate the ever-changing rules in courts nationwide. We work on creating new products, answer customer service inquiry’s and ensure accuracy and speedy TATs.

How do you bring ideas to life?

My staff and I have monthly meetings where we review issues and come up with solutions to those problems. I value open communication and the opinions of everyone that I work with.

What’s one trend that excites you?

AI is probably the biggest technology product out there right now and trying to keep pace with its ever growing capabilities.

What is one habit of yours that makes you more productive as an entrepreneur?

I like to get up early each day and listen to a good book, and workout every day to relive stress and stay focused on the day’s priorities. I think it’s important to maintain a health work-life balance. It’s very easy to suffer from burnout in business.

What advice would you give your younger self?

I would say read more books, network more, believe in yourself, and learn from the people you work with. Every experience is a learning opportunity. Take the time to reassess and then try again.

Tell us something that’s true that almost nobody agrees with you on.

The earth is not round it is flat! LOL

As an entrepreneur, what is the one thing you do over and over and recommend everyone else do?

Do things that make you uncomfortable until they become second nature for you, that’s the only way to grow. It’s hard to step outside of your comfort zone but it is also a necessary step in achieving your goals.

What is one strategy that has helped you grow your business?

Building trust is something we want to grow daily, I want my clients to know we are there for them no matter what and they can lien on us anytime they need something done.

What is one failure you had as an entrepreneur, and how did you overcome it?

I thought I could run my business on my own, but I quickly learned to succeed you need to trust others and hire people smarter than you to grow your business the right way.

What is one business idea that you’re willing to give away to our readers?

Create your own software system so you can control how things are built and run.

What is the best $100 you recently spent? What and why?

Marketing is the key to growing your business, so we focus on how we can improve that every day.

What is one piece of software or a web service that helps you be productive?

Using products like Evernote, or Notepad are key to keeping a good log of internal meetings and when you have client interactions.

What is the one book that you recommend our community should read and why?

Rich Dad, Poor Dad -This book can be applied to your personal and business lives. Advice on how to grow and invest your money and business.

What is your favorite quote?

“In the end, it’s not the years in your life that count. It’s the life in your years.” — Abraham Lincoln

Key Learnings:

Hire people that are smarter than you.
Continue to educate your mind by reading books monthly.
Use technology to your advantage.

CEO of Eagle Eye Screening Solutions Jason Allen

Mon, 13 Jun 2022 13:13:04 GMT

RIVERSIDE, CA / ACCESSWIRE / June 13, 2022 / The Chief Executive Officer of Eagle Eye Screening Solutions Jason Allen was spotlighted in an online interview to provide insight into his success in the business sector.

After graduating from California State Fullerton, Jason worked for several CRA companies where he gained experience developing domestic & international research networks. Wanting to pursue his own company, he established Eagle Eye Screening Solutions - a wholesale criminal research company.

Together, with a team of experts, Jason provides comprehensive data solutions to businesses of all sizes. In a recent online interview he touches on how he got started in business:

"Eagle Eye Screening Solutions, Inc was created to fix the gap between court runners struggling to communicate with their clients and provide excellent TAT to their clients."

According to Jason, their research team adheres to strict quality standards to ensure that all data provided is up-to-date, valid, and vetted. With a mission to remain ahead of the competition, their number one priority is outstanding customer service. Having experienced significant growth since the company's inception, Jason encourages individuals to take calculated risks. When asked "As an entrepreneur, what is the one thing you do over and over and recommend everyone else do?"

He responds,

"Do things that make you uncomfortable until they become second nature for you, that's the only way to grow. It's hard to step outside of your comfort zone but it is also a necessary step in achieving your goals."

With over twenty years of experience, Jason's team provides data that is both accurate and reliable. Click here to access the full interview.

What Are Automated Real-Time Criminal and Civil Searches?

Thu, 09 Jun 2022 21:30:17 GMT

Automated Real-Time Criminal and Civil Searches retrieval is a term used in the database world that describes a technique for efficiently retrieving data from a database. This type of retrieval can improve the performance of many database operations, including queries, inserts, and updates. Eagle Eye Screening Solutions Inc in Riverside, California, knows the importance of data retrieval and has the perfect solution for your business.

What Are Automated Real-Time Criminal and Civil Searches (ARTCC)?

Automated Real-Time Criminal and Civil Searches is a technique that can retrieve data from a database more efficiently. This technique can improve the performance of many database operations, including queries, inserts, and updates. Understanding how Automated Real-Time Criminal and Civil Searches work are essential to understanding how databases work.

Databases are designed to store data in an organized way to be easily accessed by computers. When you query a database, the computer must search through all of the data to find the specific information you are searching. This process can take a long time if the database is extensive and contains a lot of data.

Automated Real-Time Criminal and Civil Searches help speed up this process by allowing the computer to find the specific data you need quickly. This technique is often used in conjunction with other techniques, such as indexing, which can also help to improve database performance.

How Does ARTCC Work?

Automated Real-Time Criminal and Civil Searches work by using different techniques to efficiently retrieve data from a database . Eagle Eye Screening Solutions Inc knows these techniques include:

Indexing

Indexing is a technique that allows the computer to find specific data in a database quickly. When you query a database, the computer will use the index to quickly locate the particular data you are looking for. Indexing can improve the performance of many different database operations, including queries, inserts, and updates.

Partitioning

Partitioning is a technique that allows the computer to divide the data in a database into smaller pieces. This can help to improve the performance of many different types of database operations, including queries, inserts, and updates. Partitioning can also help to improve the scalability of a database by allowing it to grow larger without negatively affecting performance.

Caching

Caching is a technique that allows the computer to store data in memory so that it can be quickly accessed when needed. Caches can be used to improve the performance of many different types of database operations, including queries, inserts, and updates. Caches can also help improve the scalability of a database by allowing it to grow larger without negatively affecting performance.

What Are The Benefits Of Using ARTCC Services?

Some benefits can be gained by using Automated Real-Time Criminal and Civil Search services. These benefits include:

Improved Performance

Eagle Eye Screening Solutions Inc says one of the most important benefits of using Automated Real-Time Criminal and Civil Searches is that it can help improve your database’s performance. This can help speed up query times, reduce the amount of time required for inserts and updates, and improve the overall scalability of your database.

Increased Efficiency

Another benefit of using Automated Real-Time Criminal and Civil Searches is that it can help increase your database’s efficiency. This means that you will be able to store more data in your database without negatively affecting performance. This can help save space on your server and reduce the overall cost of storing data.

Improved Scalability

Another benefit of using Automated Real-Time Criminal and Civil Searches is that it can help improve your database’s scalability. This means that you will be able to store more data in your database without negatively affecting performance. This can help save space on your server and reduce the overall cost of storing data.

Who Can Benefit From Using ODR Services?

Almost any organization working with Eagle Eye Screening Solutions Inc or an individual who uses a database can benefit from Automated Real-Time Criminal and Civil Search services. This includes organizations of all sizes, from small businesses to large enterprises. Individuals can also benefit from using these services, especially if they frequently query databases or need to store large amounts of data.

How Much Does It Cost To Use ODR Services?

The cost of using Automated Real-Time Criminal and Civil Search services varies depending on your organization’s specific needs. In most cases, the price will be based on the size of your database and the number of queries you need to perform. If you only need to complete a few queries, the cost will be much lower than if you need to serve thousands of queries. The cost can also vary depending on the specific features and options you choose.

What Are The Limitations Of ODR Services?

There are a few limitations that Eagle Eye Screening Solutions Inc believes you should be aware of before using Automated Real-Time Criminal and Civil Search services. First, these services can only be used to query databases stored on your server . Second, the cost of using these services can vary depending on the size of your database and the number of queries that you need to perform. Finally, the performance of your database may be slightly slower when using these services. However, these limitations are minor compared to the benefits you can gain by using Automated Real-Time Criminal and Civil Search services.

Final Thoughts

If you are looking for a way to improve the performance of your database, then you should consider using Automated Real-Time Criminal and Civil Search services. These services can help speed up query times, reduce the amount of time required for inserts and updates, and improve the overall scalability of your database. In addition, they can help increase the efficiency of your database by allowing you to store more data without negatively affecting performance.

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Reliable National Criminal Database Solutions for CRAs in 2026

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Initial Screening

Risk Mitigation

Verification Requirements

What Should a National Criminal Database Search Reveal?

Multi-State Criminal Database Search

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SSN Trace

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Fair Credit Reporting Act (FCRA) Compliance Requirements

What Is the Fair Credit Reporting Act (FCRA)?

FCRA Compliance Requirements for Employers & CRAs

Establish and Certify Permissible Purpose

Provide Standalone Disclosure & Obtain Authorization

Ensure Maximum Possible Data Accuracy (The CRA’s Responsibility)

Adhere to the Seven-Year Lookback Rule for Non-Convictions

Must Follow the Two-Step Adverse Action Process

Managing Consumer Rights & Dispute Protocols

State & Local Variations to FCRA Requirements

Penalties and Consequences for Non-Compliance with FCRA

How Eagle Eye Screening Supports Compliance

Move Fast While Staying Compliant

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Federal Oversight and Enforcement: What’s Changing in 2026?

Fair Chance and Clean Slate Laws Continue to Expand

Data Accuracy and Record Eligibility Under Greater Scrutiny

Privacy and Consent: Evolving Responsibilities

Technology Oversight and Automated Screening Systems

Practical Compliance Recommendations for CRAs in 2026

Partner with Eagle Eye Screening for Trusted Compliance Support

Background Screening Trends to Watch in 2026

Key Background Screening Trends That Shaped 2025

Growth in AI and Automation Across the Screening Landscape

Rising Adoption of Digital Identity Verification Tools

Increased Interest in Continuous Workforce Monitoring

Heightened Attention on Compliance and Data Privacy

Emerging Trends That Will Influence Background Screening in 2026

How Eagle Eye’s API Integration Enhances the Hiring Process