Criminal background checks consist of information collected covering all criminal records. It can be limited to a county, regional, state or national level. The most commonly used is the state-level background checks.
- Most criminal background checks are used to screen employees during the hiring process. It ensures that employees are disclosing all criminal records and that a position is being filled by a suitable employee. Most positions requiring work with children, elderly or the disabled will conduct background checks.
- The usual information covered in a criminal background check includes criminal records, incarcerations, moving violations that are categorized as a felony, and if applicable, sex offender lists and registries. Regular background checks include much more information related to a candidate's privacy, in addition to criminal background.
- In a criminal background check, arrest reports are forbidden; only convictions are allowed to be reported. In California, marijuana usage cannot be reported if the conviction is older than two years. While bankruptcies are shown, they may not be used against you in employment.
- With so many "background check" companies available on the Internet, much of the illegal information may be obtained and reported to employers, even if they are not legally allowed to use it against you. For instance, an arrest that didn't end in a conviction may show up on the report.
- The Fair Credit Reporting Act regulates only "background check" companies. Keep in mind that if the checks are conducted by the company, or "in-house," the laws do not apply and any information gathered can be reported and used.
- You cannot refuse a criminal background check if you want the job, but you can get your own copy of your report to understand what will be reported through Intelius. While it is difficult to change the items that are present on your criminal background check, knowing what your employer will be reading will help you be prepared with appropriate answers and explanations.
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