North Carolina Bars Employers from Asking about Expunged Criminal Records

Some states have passed laws restricting how employers may use an applicant’s criminal record in making job decisions. Some states prohibit employers from considering older offenses. Some states prohibit employers from asking about arrest records or records that have been sealed or expunged. Some states require employers to consider whether the offense bears a reasonable […]

Colorado Becomes Ninth State to Prohibits Use of Consumer Credit Information in Employment

Colorado recently became the ninth state to prohibit employers from using credit information for employment purposes. In the last few years, eight other states have also passed laws which, subject to few exceptions, regulate ban employers’ ability to use credit information in making employment decisions. The nationwide trend towards banning employers’ use of credit history […]

New FCRA Forms Required by January 1, 2013

According to regulations from the Consumer Financial Protection Board (CFPB), three essential forms mandated by the federal Fair Credit Reporting Act (FCRA) used in the background screening process must be modified by January 1, 2013. The forms must be changed to reflect that consumers can obtain information about their rights under the FCRA from the […]

Employment Background Screening Company to Pay $2.6 Million Penalty for Multiple Violations of the Fair Credit Reporting Act

An employment background screening company that provides consumer reports to companies nationwide will pay $2.6 million to settle Federal Trade Commission charges that it violated the Fair Credit Reporting Act by failing to use reasonable procedures to assure the maximum possible accuracy of information it provided, failing to give consumers copies of their reports, and failing […]

Massachusetts Issues Final Regulations Governing Criminal Background Checks

The Massachusetts Department of Criminal Justice Information Services (DCJIS) recently issued final regulations to accompany the Massachusetts Criminal Offender Record Information (CORI) law. The law, which was passed in August 2010, significantly changed the way in which employers screen the criminal histories of applicants and employees. The new regulations, which went into effect immediately, clarify […]

New Jersey Bill Seek to Prohibit Employers from Requiring or Obtaining Credit Checks

On May 31, 2012, the Senate approved a bill (S455) that would prohibit employers from seeking credit checks on employees or applicants under most circumstances. The bill now heads to the Assembly for its consideration, where the bill already has several supporters. This bill prohibits an employer from requiring a credit check on a current or […]

Using Consumer Reports: What Employers Need to Know

Your company has job vacancies to fill. You’re also thinking about promoting some employees from within the company. You’ve winnowed down the stack of applications and resumes and want to run background checks through a third party company who is in the business of compiling background information. Employment background checks also are known as consumer […]

Public Access to Court Electronic Records (PACER)

The United States Judiciary implemented a program called “Pacer” (“Public Access to Court Electronic Records”), to provide users with public access to case and docket information from Federal Appellate, District and Bankruptcy courts. Pacer offers user-friendly federal case information to any person, not only attorneys, with an Internet connection and previous payment of a fee. […]