Written by Farella Braun + Martel LLP Employers who use background checks in their hiring processes are likely aware of the various requirements under the Fair Credit Reporting Act (FCRA) and analogous state statutes. They must provide clear disclosures and obtain a signed authorization from employees and applicants before they obtain any third-party consumer reports on […]
New Mexico Adopts Ban-the-Box, Expungement Laws
Written by Jackson Lewis PC – Danny W. Jarrett, Susan M. Corcoran and Richard I. Greenberg New Mexico is the latest state to adopt statewide legislation prohibiting private employers from making inquiries into an applicant’s criminal history on the initial employment application. The state also enacted legislation prohibiting employers from asking applicants for information about a […]
Background Checks: The Good, the Bad and the Liability
Written By Aviva Gordon We have all recently been privy to the most contentious job interview of our lifetimes. During Brett Kavanaugh’s U.S. Supreme Court confirmation hearings, senators noted that this would be the last job interview he would have, if confirmed. As the entire country was attentive to the accusations concerning an alleged high […]
FCRA Developments: Updated Summary of Rights & “Stand-Alone” Disclosure Need Not Be Separate In Time
Written By: Jill L. Rosenberg, Joe Liburt and Jessica R. L. James Employers across the country should dust off their background check policies and forms and be mindful of recent developments related to the federal Fair Credit Reporting Act (FCRA). FCRA mandates specific, technical steps for employers using consumer reports to make employment decisions, including hiring, […]
South Carolina’s New Expungement Law Could Increase Applicant Pool
In an effort to increase the state’s potential workforce, the South Carolina General Assembly passed legislation last week that will expand the state’s current expungement law and allow individuals to more easily remove criminal convictions from their records. The hope is that prospective employees with low-level crimes on their records will no longer be discouraged from applying for jobs; this, then, should make it easier for employers to recruit qualified workers. What do South Carolina employers need to know about this new law? While South Carolina does not have a ban-the-box law, the state legislature has instead taken it one step further: the new law will make it easier for persons to erase certain convictions from their records. Current law permits persons to expunge a first-offense, low-level crime carrying a sentence of 30 days or less from their record following a period of good behavior. The new law removes the “first-offense” requirement and also allows persons to erase multiple convictions arising out of the same sentencing hearing if they are “closely connected.” Significantly, the law also allows offenders to expunge first-offense simple drug possession and possession of drugs with intent to distribute crimes. The law applies retroactively to those offenses committed prior to the law’s passage.
