Does a criminal background check fall under the Fair Credit Check Law?

Question

The criminal background checks I have had were FBI fingerprints or DSHS. An employer is telling me I need to sign the "Backgound Credit Check Form". I didn't, cuz criminal records are not credit checks". What is legal?

Answer 1

Many employers require a credit check as a condition of employment too. The rationale is how you manage your own affairs should give them a window into how you're going to manage theirs. That's not always true, but nevertheless, credit checks ARE becoming more and more common as part of the applicant screening process. There is nothing illegal about your employer or potential employer doing that, unless your state prohibits discrimination based upon credit rating (and at present, I know of no state with such laws).

To answer your question, criminal background checks do not fall under the Fair Credit Reporting Act (which is what I think you're referring to in your question).

Answer 2

Get a No Cost Background Check Scan at https://bitly.im/aNHSV

Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment.

You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.

Answer 3

No, Criminal background check does not fall under the Fair Credit Check Law, however, employers have the right to pull both your criminal history and your credit reports. You see, parents tell kids all growing up that they need to get good grades to get a good job when in reality, companies are more interested in seeing if you made mistakes with the law and mistakes with your credit than they are in what your grade point average was.

Answer 4

The Fair Credit Reporting Act and associated laws cover the reporting of Your paying of legitmate debts (legitimate covers debts forced upon you legally like child support/liens/ judgements/fines etc...). Assuming and paying on Debts is NOT CRIMINAL, but some crimes may force debt upon you.

By law you can request a copy of your report FREE once a year from each agency. It's a good idea to do, it can help you protect yourself from Identify Theft, and set your mind at ease about what employers would see.

Some employers will want to look at your Credit report to see if you are financially responsible or not. A low score could indicate you have a tendency to NOT keep your word about paying debts, so why would you keep your word to THEM about doing your work?

Aside from that, You would have to indicate which State you are in, and probably get a lawer who works in that state to answer. The federal guidlelines can be vauge and each State fills in the gaps however they feel is fair. (IE Texas is an "open employment State" and Companies have to abide by "thier own stated Policies" on most matters not covered by Federal Guidelines.).

Answer 5

Yes, criminal background checks fall under the Fair Credit Reporting Act. Seems weird, but true. Complain to your Congressman to fix it.

If you want the job, you are stuck.

Good luck

EDIT*** I just went and checked the government site and section 613 of the Fair Credit Reporting Act directly deals with "public record" searches for employment. So yes, they do fall under the act. Here is an excerpt

§ 613. Public record information for employment purposes [15 U.S.C. § 1681k]
(a) In general. A consumer reporting agency which furnishes a consumer report for
employment purposes and which for that purpose compiles and reports items of
information on consumers which are matters of public record and are likely to have
an adverse effect upon a consumer's ability to obtain employment shall
(1) at the time such public record information is reported to the user of such
consumer report, notify the consumer of the fact that public record information is
being reported by the consumer reporting agency, together with the name and
address of the person to whom such information is being reported; or
(2) maintain strict procedures designed to insure that whenever public record
information which is likely to have an adverse effect on a consumer's ability to
obtain employment is reported it is complete and up to date. For purposes of this
paragraph, items of public record relating to arrests, indictments, convictions,
suits, tax liens, and outstanding judgments shall be considered up to date if the
current public record status of the item at the time of the report is reported.

here is the URL to the document

http://www.ftc.gov/os/statutes/031224fcra.pdf

Answer 6

Yes it does and is legal. Shouldn't it be though?Would you want a convicted thief with a violent history working for YOU. Or maybe a serial rapist? I would hope not!! If they are asking you to do this ,it must be a good/serious employment opp..If you like or have this job and nothing to hide, sign it. If nothing else you will know if someone is using your idenyity.These laws were meant to protect us as well as employers.Best of luck!!

Answer 7

Criminal Records Search Database : http://www.InfoSearchDetective.com/Info

Answer 8

Decrimination? that's discrimination to choose a guy or woman on their previous habit? Our movements have effects. criminal convictions are a valid standards to apply in screening potential workers. utilising your twisted good judgment, utilising ANY standards to the screening technique could be discrimination. P.S. Spell examine.

Answer 9

I restored my credit report for free at "Restore My CreditReport". No obligations at all. Check it out.