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Q: Is it legal to conduct criminal record verification on current and
prospective employees or tenants?
A: Yes. When obtained and used correctly, criminal record verification
for employment is legal. However, many of the regulations
governing the use of such information only apply to employers,
landlords, and businesses making credit worthiness
determinations. The Fair Credit Reporting Act, FCRA, governs
the use and dissemination of such information.
Q: What are steps are required to comply with the FCRA?
A: First, the subject must know that a verification is being conducted
and consent. Second, the subject must be made aware of the
results of the search. Finally, if adverse action is taken
the subject is entitled to challenge any inconsistencies
within the report.
Q: What information does BackgroundHound.com need in order
to conduct the search?
A: In order to provide the most accurate records available we must
have (1) the subject's complete name and any other names used
in the past seven years, (2) the subjects date of birth, and (3) the
area, for example Maryland, requested to be
searched. If possible it is strongly recommended that this
information be obtained from a government issued identification.
Q: How long does the search take?
A: While each court system is different, searches are normally
conducted within 48 hours, in order for you to make a prompt and
informed hiring decision.
Q: How far back do the records searched go?
A: While each court system is different, records searched cover at
least the past 10 years.
General Questions
Q: Can I request a criminal record verification or civil record verification
without the consent of the subject?
A: Maybe. The Fair Credit Reporting Act arguably applies only to
employment verification. However, BackgroundHound.com takes
privacy very seriously and will not knowingly disclose information
to be used in an unlawful manner.
Q: What type of records can be searched?
A: Every court system is different, but, generally criminal records of
both upper and lower courts, civil records of both upper and lower
courts, state sex-offender registries, federal criminal and civil
records, bankruptcy court records, and state warrant databases
can be searched depending upon the search package chosen.
Q: What kind of information can be reported to me after the search is
finished?
A: Employers, land-lords, and businesses seeking information of
credit-worthiness may receive information of criminal convictions,
open criminal cases, civil judgments, including tax liens, and
open civil lawsuits dating from 7 years prior to the search date, 10
for bankruptcy.
