Things you should know about criminal background investigations and what your rights are and are not
first off when you sign a permission slip for an employer to do a criminal background check on you be careful what you just signed.Most employers are doing a consumer report on you and that is covered under the FCRA .That means they have laws to follow on what can and cannot be reported.For instance an arrest not a conviction can only be reported back 7 years.But a conviction can be reported indefinitly depending on which state you live ,some states have realized that something that happened 20 years ago isnt relavent and prefer to deal with more recent times.And even if the company says they are only going back 7 years the background company will still report crap from 20 years ago.But know your rights and have a lawyer standing by.If they deny you employment because of something on your background report they are supposed to notify you in writing and you have several days to rebute anything that might not be a legitimate charge on your background check.And trust me these fly by night background company make plenty of mistakes,I know the last two ive had done had mistakes on them.You also have the right to dispute those wrong charges withthe background company and they have to investigate and make corrections.But most of these scumbag companies wont abide by these laws.They will simply tell you they dont need you for some other reason.My suggestion is to answer the background question on the application is to simply say no i have never been arested even if you have and the burden of proof is on them.And remember when you sign the permission slip you are signing for a consumer report not an inhouse 2 dollar been verified background check.You are also entitled a copy of the background check so make sure you check that box off and request it.
remember IT IS AGAINST THE LAW TO BE DENIED EMPLOYMENT FOR SOMETHING ON YOUR BACKGROUND UNLESS THE EMPLOYER CAN SHOW JUST MEANS WHY IT SHOULD.I would say if you are a child molestor that isnt going to fly.So know your rights and use them to your advantage.And use them to sue the scumbuckets that dont want to abide by this law.Do note that an employer can do an inhouse background check and bypass the consumer report and your rights along with them.But like I said most applications ask for permission to run a consumer report that does not give them permission to do an inhouse check.And once again the EEOC frowns on this anyway.
And notice is given by me I have already filed 2 complaints against people that have done illegal things to me and I will do it again.And any lawyers that might be reading this forum please pm me I have all my records.You dont sue the company you sue the background check people.Unless the employer pulls one of those we dont need your services crap.The real problem is the access that anyone has to your records and the cost savings by accessing your records prior to submitting for a third party consumer report.They can go on been verified or any 2 dollar database and look up your record.But what happens if it is someone elses crimes they are looking at .Be real careful doing that to me because I will make a call right to the corporate head of the company you are contracting for .So think twice before you make that decision against me.Once a few of these scumbuckets gets sued they will back off on their ways
Fair Credit Reporting Act
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