Friday, February 03, 2006

What Can't Be Used in an Employment Background?

You would surprised how many employers have no clue whan can or can't be included in a pre-employment background check. Today I received a call from someone who wanted arrest records of a potential employee. First of all, arrest records are not public records. The only criminal records that are considered "public" are misdemeanor and felony charges filed on a defendant.

Oddly enough, criminal records more than 7 years old (for California - other states are 10 years) cannot be reported by the agency conducting the pre-employment background. You can ask applicants the following: "Have you been arrested for any matter for which you are currently out on bail or have been placed on your own recognizance pending trial?"

The full Fair Credit Reporting Act can be read here - FCRA


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