Understanding the Standards of Reportability of Publicly Available Information for CRAs and Employers
-
By
Turn Staff
- On
In the age of information, conducting background checks has become a standard practice for employers across industries. Consumer Reporting Agencies (CRAs) serve as intermediaries that help employers access public records and other data to make informed hiring decisions. However, the standards governing what constitutes "reportable" public information—and the accessibility of this information—varies significantly by state. This blog post explores the standards of reportability for publicly available information, the variations across states, the regulations impacting background checks, and what customers should expect in their reports.
The Reach and Scope of Background Checks
The scope of background checks typically includes various types of public records, such as:
- Criminal Records: Conviction history, arrest records, and sometimes even charges that did not result in a conviction.
- Driving Records: Information regarding traffic violations, accidents, and license suspensions.
Regulations Guiding Background Checks
Background checks are primarily regulated by the Fair Credit Reporting Act (FCRA), which outlines specific requirements for accuracy and confidentiality in reporting. The FCRA broadly defines consumer reports, covering various types of information, and mandates that CRAs maintain reasonable procedures to ensure the maximum possible accuracy of reports.
Variations Across States
The laws governing reportability of information in background checks vary widely among states. For example:
Reporting Limits: Some states have strict limits on how long certain records can be reported. For instance, Maryland prohibits employers from requesting arrest or conviction records that are more than seven years old for jobs that pay less than $20,000 per annum. Thus, job seekers in such regions may have more disclosure protection than those in states without similar provisions.
Clean Slate Laws: At least 12 states have passed laws that seal or expunge certain misdemeanors and non-convictions after a defined period. This significantly impacts the information available in background checks and has led to better employment opportunities for individuals with prior records.
Ban-the-Box Laws: Many states and localities have enacted laws preventing employers from asking about criminal history on job applications. While these laws help reduce discrimination against individuals with criminal records, they often allow background checks later in the hiring process.
What Employers Should Expect in a Turn Report
Turn will report all legally ‘reportable’ information according to Federal, State, and Local laws. Upon receiving a background report, customers should be aware of what data is typically included:
1. Complete Criminal History: This typically includes arrests, convictions, and any outstanding warrants. However, non-convictions and convictions may be excluded based on state-specific laws (i.e, California restricts all reporting to 7 years lookback regardless of the disposition in the case).
2. Complete Driving Record: This may provide a verification of current DL status, traffic violations, and incidents according to each state’s reporting standards. For example, some states will clear driving records after certain years if fines have been paid, and others will not.
Conclusion
The landscape of background checks is complex and varies dramatically from one state to another. With the growth of technology, access to public records has become more widespread, yet it is enveloped in federal and state regulations that impact how this data can be used in making employment decisions. Employers and CRAs must navigate these regulations diligently, while candidates should understand their rights and the extent of information contained in their reports. As legal landscapes change and new regulations emerge, we anticipate ongoing shifts in how public records are accessed and utilized in hiring processes.
Understanding these nuances is essential for ensuring that employment decisions are made fairly and ethically in today’s job market.
Disclaimer:
Turn’s Blog does not provide legal advice, guidance, or counsel. Companies should consult their own legal counsel to address their compliance responsibilities under the FCRA and applicable state and local laws. Turn explicitly disclaims any warranties or assumes responsibility for damages associated with or arising out of the provided information.
Recent Posts
- Enhancing Background Checks with County-Level Searches and Applicant Data
- Check Your Screening Provider’s Support, Speed, and Cost: Turn Does It Better
- You can have it all with Turn Technologies: Prioritizing Turnaround Time and Accuracy in Background Screening
- Understanding the Standards of Reportability of Publicly Available Information for CRAs and Employers
- Understanding the Limitations of Public Records in Medical Licensing Sanctions and Fraud Detection