Tag Archives: Criminal Databases

Congressional Briefing on Consequences of Inaccurate Background Checks for Employment Scheduled for October 1

A Congressional Briefing entitled ‘The Consequences of Inaccurate Employment Background Checks’ that should feature a report from the National Law Employment Project (NELP) – ‘Wanted: Accurate FBI Background Checks for Employment’ – that examines the accuracy of Federal Bureau of Investigation (FBI) background checks will take place Tuesday, October 1, 2013 at 4:00 PM in Room 121 of the Cannon House Office Building (CHOB) in Washington D.C. The report from NELP is available at http://www.nelp.org/accurateFBIrecords. Continue reading

House Bill 2865 Seeks to Provide Fairness and Accuracy in FBI Criminal Background Checks for Employment

A bill introduced in the U.S. House of Representatives – ‘H.R. 2865 – Fairness and Accuracy in Employment Background Checks Act of 2013’ – seeks to provide safeguards with respect to the Federal Bureau of Investigation (FBI) criminal background checks prepared for employment purposes. The complete text of H.R. 2865 is available at http://www.govtrack.us/congress/bills/113/hr2865/text. Continue reading

FBI Background Checks for Employment Containing Inaccurate Information Can Cost Applicants Jobs

Employers that use Federal Bureau of Investigation (FBI) criminal databases to background check job applicants could be basing employment decisions on inaccurate information that can cost applicants job opportunities, according to an article in The Washington Post available at http://wapo.st/17cC0Kn. Continue reading

North Carolina Expunged Criminal Record Bill Signed Into Law

In May of 2013, North Carolina Governor Pat McCrory signed legislation – Senate Bill 91, Prohibit Expunction Inquiry – that will prohibit employers or educational institutions from requesting that job applicants provide information regarding arrests, criminal charges, or criminal convictions that have been expunged. The full text of the ratified North Carolina Senate Bill 91, most of which takes effect December 1, 2013, is available at http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S91v5.pdf. Continue reading

Texas Bill Seeks to Prevent Private Criminal History Database Companies from Reporting Expunged Records

Legislation pending in in the state of Texas – Senate Bill 990 (SB 990) – would prevent private companies that compile criminal history information in a database that is available in a searchable format from maintaining or sharing information about expunged records once they have received notice that the record has been expunged. The bill also seeks to create a listing of database companies so that notices of expungements can be directed to those who might have outdated information. More information about Texas Senate Bill 990 is available at http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB990. Continue reading

National Database for Background Checks Shown in Movies and Television Crime Programs Just a Popular Myth

The idea that there exists one single “national database” for background checks with accurate and complete criminal record information for every person in America is a “popular myth” fueled by movies and television crime programs, according to a blog written by a member of the National Association of Professional Background Screeners (NAPBS®) Board of Directors. The blog is available at http://thehill.com/blogs/congress-blog/judicial/291939-national-database-for-background-checks-is-a-myth. Continue reading

Ban the Box Legislation Introduced in New Jersey to Restrict Criminal History Questions for Employment

Legislation recently introduced in the New Jersey Senate – Senate Bill No. 2586, ‘The Opportunity to Compete Act’ (OCA) – would “ban the box” asking about criminal histories on job applications and restrict questions by employers about criminal records of current employees or applicants. The OCA would also prohibit employers in New Jersey from inquiring about the criminal history of job applicants until after a “conditional offer of employment” is made. The full text of Senate Bill No. 2586, ‘The Opportunity to Compete Act’ is available at http://www.njleg.state.nj.us/2012/Bills/S3000/2586_I1.PDF. Continue reading

Use of National Criminal Databases No Substitution for County Courthouse Searches during Real Background Checks

A background check tool currently touted to employers as a “national criminal database” search from data aggregators who advertise access to a nationwide database full of millions of criminal records from all states can create an impression that employers are gaining access to all of the nation’s criminal records in one search. However, nothing could be further from the truth, and an emerging trend has employers realizing “national” databases may not contain accurate or complete information and are only a research tool that should never be substituted for a real “hands on” county courthouse search for criminal records. This is Trend Number 8 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Background Checks Used by Two Popular Caregiver Websites Approved Babysitters with Arrest Records

Two popular caregiver screening websites that help people find babysitters and elder care helpers using background checks performed by national background screening firms approved several applicants with arrest records, according to a report by NBC Chicago’s Unit 5 Investigative Team. The report, which checked the reliability of the information these babysitter screening websites provided, is available at http://www.nbcchicago.com/investigations/unit-5-babysitter-background-checks-179041071.html. Continue reading

Safe Hiring Expert Presents Webinar on New EEOC Guidance at IHR Quality of Hire Event September 27

Attorney Lester Rosen, founder and CEO of Employment Screening Resources (ESR) and author of the updated second edition of ‘The Safe Hiring Manual,’ will present a webinar, ‘Practical Steps Employers Can Take to Comply with the New EEOC Criminal Guidance,’ at the Institute for Human Resources (IHR) Quality of Hire Virtual Event on Thursday, September 27, 2012 from 11:00 AM to 12:00 PM ET. To register for the webinar, which will help HR Professionals understand U.S. Equal Employment Opportunity Commission (EEOC) Guidance on the use of criminal records, visit: http://www.esrcheck.com/Newsletter/ESR-Speaks/Practical-Steps-Employers-Can-Take-to-Comply-with-the-New-EEOC-Criminal-Guidance-147/. Continue reading