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Pasts That Need Not Be Included in a Background Check Report

Article by Diane C. Sullivan

Everyday, an estimated 10 Americans lost their jobs. Of the 10, 3 lost their jobs because of an unfavorable background check reports. Unfortunately, from those 3, 1 is the victim of false reports or inappropriate credit reporting. While in the US, the ultimate body that determines the validity and fairness of reports is none other than the FCRA, or the Fair Credit Reporting Act, each state has its own rules that cover all procedure pertaining to credit reporting. This rule abides by the regulations under the civil code of the Constitutions of the US and the state and also the FCRA. These bodies of rules are the guidelines that are used by all states.

There are different laws on employment in different states. The proximity of the place and the culture of employment are the primary reasons for these differences. In California for one, there are rules that are not found in any employment rules in Texas and elsewhere. There are even rules that are not included in the FCRA or are stricter than that found on FCRA. This however does not any contradictions of the law in the US. This just signifies exigency of rules depending on the need of the state to foster fairness among its citizens in the area of employment.

There are general rules however that are being observed by many states in conducting background checks. These general rules may not impose punishment if violated rather void, inapplicable, and dismissible in courts. These are the exclusions in the background check that cannot be included and/or if included will not affect the standing of the employee or the applicant that is the subject of the procedure.

In many states, when a case is said to expunge, the criminal records is legally erased. When a background check is conducted to a particular person and the investigator find out that he has a criminal record that was already expunge, he has a choice to include it but will make sure that it will not affect the employer or the applicant negatively. When a record is erased, it is totally removed from the government’s or court’s archives. However, there are times that third party investigators already have their own record kept in their own database from the government that are not faithfully updated. On this aspect, an error may occur and an expunged criminal report may be wrongfully included in the report. In this case, a correction may be filed and that the employer cannot immediately fire an employee or turn down an applicant. Pardons are also regarded as expunge record. If a criminal is given pardon, his record is also reset to zero. The latter may not be applicable in some states.

Generally, all convictions happened or served seven years ago backwards are no longer valid to be included in a background check report. However, this is only applicable for employment and identity verification. Most states allows complete background check for some reasons specifically if the person being investigated is going to work for a health care facility.

Most importantly, medical records if not solicited may not be retrieved by the employer in any case. However, if employer suspects the employee of any misbehavior, permission is being overruled. But this one is case to case basis.

All background checks that must be conducted to a person must have full permission from the same person subject of the procedure otherwise when a case is filed, reports will not be honored by courts. This may also mean that the institution or person who made the reports have violated the privacy rights of the checked persons.

For a complete set of rules, visit your states website or nearest counsel.

About the Author

Diane C. Sullivan is a professional writer and editor from top editorial services in Los Angeles. As leaders in her corporate world, she is dedicated in providing only factual information that will help others especially about background checks.

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