Happy Halloween! Welcome to the Fall 2021 edition of the FYI Screening newsletter.
In this issue we cover the following topics:
- UPDATE: Change to Date of Birth Public Access in Michigan
- California Removes Date of Birth From Court Records
- Myth – A candidate’s criminal record will disqualify a candidate
- Consumer Disputes
On behalf on the entire FYI team, I want to thank you for your trusted partnership with FYI Screening. If you have questions or we can be of assistance, please don’t hesitate to call 1-800-809-2419 or email
info@fyiscreening.com.
Best regards,
Chris Miller
President
1. UPDATE: Michigan to Remove Date of Birth From Court Records
We previously advised you of pending legal changes within the state of Michigan that would impact access to date of birth from public access sources. That change was targeted to be effective on Thursday, July 1, 2021. However, the date has now been pushed back to January 1, 2022.
Should they go into effect in 2022, the new court rules will:
• Remove DOB from public indexes with no exception or special access for background screening providers.
• Require clerks to redact date of birth from any court form they provide to researchers.
• Require researchers to provide a signed release from applicants to verify date of birth if it has not already been redacted.
The Michigan State Court Administrative Office advised that consent forms signed by the candidate could possibly be provided to court clerks to verify date of birth. However, that may not be a sustainable option because the additional paperwork and having court clerks provide dates of birth confirmation would be overwhelming for courts. In fact, some had already stated they would not accept them or process requests.
We continue to work with the Professional Background Screening Association to monitor this situation and will provide updates as they become available. Please contact us if you have any questions.
2. California Removes Date of Birth From Court Records
A recent court decision in California has resulted in some courts redacting dates of birth from their online records portals and in-court public terminals. While there is a work-around process to obtain dates of birth, it requires clerk assistance to verify what is on file. As a result, longer turnaround times can be expected in impacted counties, which currently include, but are not limited to: Alameda, Fresno, Kern, Marin, Riverside, Santa Clara, Tulare, Ventura and Yuba.
As this change is the result of a court decision, pursuing any recourse is likely to be a lengthy process and there is no statewide search alternative for California.
Because we expect others courts to follow suit, we will continue to monitor this situation and provide updates as they become available. Please contact us if you have any questions.
3. Myth – A candidate’s criminal record will disqualify a candidate
Many job seekers fear that their criminal history will ruin their chances of landing the job. However, the Fair Credit Reporting Act (FCRA) requires employers to undergo adverse action and allow candidates to defend their actions, while the EEOC enforces federal laws against employment discrimination. Many employers today now take many considerations into factor when looking at a candidate’s criminal history, including the type of crime, whether it relates to the job or not and how long ago it occurred.
Background checks exist to help organizations protect the health and safety of their organization. It’s essential to choose a trusted partner that provides legally compliant and accurate information to you as quickly as possible.
4. Consumer Disputes
FYI Screening, Inc. is a Consumer Reporting Agency (CRA) and we are focused on ensuring every background check we produce is up-to-date and accurate. Although it’s rare, now and then a person may have reason to believe something in their background check is inaccurate. If so, they can choose to file a dispute.
Why Would A Dispute Be Filed?
When a background check is completed, the subject has the right to review their report and dispute any information they feel is outdated or inaccurate. The most likely time for this to happen is after an employer sends a pre-adverse notification.
There are a few reasons a dispute might be initiated.
Read more...
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DISCLAIMER
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.