California’s evolving background check landscape
California is well-known for innovative laws regarding individual rights. As background checks have become increasingly important for employment and housing, California has moved to regulate them. Although California laws are stricter than most states, they have often served as a template for others to follow. A few of the bills being considered could have dramatic effects if they should pass. In this blog post, we will delve into some of the proposed and recently passed background check bills in California that impact employee and tenant screening.
Senate Bill 809: Fair Chance Act of 2023 – Limiting Employers’ Access to Applicants’ Conviction Histories
Senate Bill 809, also known as the Fair Chance Act of 2023, is an extension of the Fair Chance Act passed in 2018. It seeks to restrict most private employers from using a job applicant’s conviction history in their hiring decisions. The 2018 act provided a version of ban the box, in which criminal history could not be considered until after a conditional offer of employment. But the unemployment rate for formerly incarcerated individuals is still very high — claimed to be 60% — and the new bill aims to fix that.
Under the bill, employers would only be permitted to request a conviction history report if:
- federal or state law mandates it, or
- the conviction history is directly and adversely related to the specific […]
The OIG Exclusion List: A critical tool for healthcare employers
The Office of Inspector General (OIG) Exclusion List is a tool used to ensure that individuals or entities who are excluded from participating in federal healthcare programs are not hired or engaged by healthcare providers, suppliers, or contractors. The OIG Exclusion List is maintained by the OIG, which is part of the Department of Health and Human Services (HHS). Checking this list is part of our national criminal background check.
The OIG Exclusion List, also known as the List of Excluded Individuals/Entities (LEIE), contains the names of individuals and entities that have been excluded from participating in federal healthcare programs, such as Medicare and Medicaid. The list includes individuals and entities who have been convicted of healthcare-related crimes, such as fraud or abuse, or who have been found to have violated certain program requirements. The list ensures that those who have committed healthcare-related crimes are not able to continue participating in these programs and receiving payment for services they provide.
There are two types of exclusions: mandatory exclusions and permissive exclusions. Mandatory exclusions are required by law and apply to individuals and entities who have been convicted of certain crimes, such as patient abuse or neglect, or who have had their healthcare licenses revoked or suspended. Mandatory exclusions can last for a minimum of five years and can be extended based on the severity of the offense.
Permissive exclusions, on the other hand, are discretionary and apply […]
Navigating Michigan’s expungement Laws with the introduction of automated expungements
April 2023 marks the introduction of automated expungements in Michigan, making it more critical than ever for employers and landlords to stay informed about the state’s expungement laws. With these changes, more people are now eligible to have their criminal records expunged, which may impact your hiring and tenant screening processes. This blog post will provide an overview of Michigan’s expungement laws, discuss the implications of automated expungements for employers and landlords, and offer guidance on how to navigate these changes.
Michigan’s Expungement Laws: An Overview
In April 2021, Michigan’s Clean Slate Act went into effect, expanding the types and numbers of offenses that can be expunged. Under the act, individuals could have up to 2 felony convictions expunged 10 years after sentencing or release from custody, and up to 4 misdemeanors expunged 7 years after sentencing.
Starting from April 2023, the process of expungement has become more accessible through the implementation of automated expungements. These expungements will automatically clear eligible convictions from an individual’s public record without requiring them to file a petition in court. . Certain serious offenses, such as assaultive crimes, human trafficking, and those involving minors or vulnerable adults, are not eligible for automatic expungement. The introduction of automated expungements is expected to affect hundreds of thousands, if not millions, of people in Michigan.
Implications for Employers
As an employer, it is crucial […]
The impact of criminal records on housing opportunities and what landlords can do about it
As a landlord, conducting a criminal background check on potential tenants is a crucial part of the tenant screening process. Criminal records can provide valuable insights into a tenant’s character and past behavior, helping you make informed decisions about whether to approve or deny a rental application. However, the use of criminal records in tenant screening has been a topic of debate in recent years, as it can have a significant impact on housing opportunities for individuals with criminal records.
The reality is that having a criminal record can make it challenging for individuals to secure safe and affordable housing. Many landlords and property managers are reluctant to rent to tenants with criminal records, as they may be perceived as a risk to other tenants or the property itself. This can result in discrimination against individuals with criminal records, limiting their housing opportunities and perpetuating cycles of poverty and recidivism. State and local governments have begun to notice this problem, and to take action. A large, permanent class of people with no ability to find housing is a significant social issue.
The federal Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability. It does not explicitly prohibit discrimination based on criminal history. But if a policy is shown to have disparate racial impacts, it can be the basis for a lawsuit. Some minorities are more likely to be arrested than others — so […]
How to handle and respond to a negative result found during a background check
Handling a negative result found during a background check can be a sensitive and challenging task for employers. It’s important to approach this situation carefully and in compliance with legal requirements. Here are a few things to keep in mind as you respond to a disappointing result found during a background check:
First, it’s important to verify the information. Before taking any action, it’s essential to verify the report and confirm that the negative result is accurate. You are required by law to give the candidate a copy of any negative report. Hold off from taking any action — including taking the applicant out of consideration for a new job — until they have had a chance to respond. You should allow them at least a few business days. You may need to speak with your background check provider or the relevant authorities to confirm the information, and to understand the context and circumstances surrounding the discrepancy or negative result. Errors in court records can and do happen! Identity confusion is common as well — most criminal records are indexed only by name and date of birth, with the social security number used to confirm the person’s full name and location at that time. For very common names, the possibility of errors becomes greater.
Second, it’s important to comply with legal requirements. There are many laws and regulations regarding background checks, and it’s particularly important to follow them in this situation. For […]
How to conduct an effective background check for a remote employee
Conducting an effective background check for a remote or virtual employee can be a bit more challenging than for an in-person hire. It is important to take into account the unique challenges that arise when hiring someone who will be working remotely. Here are a few things to keep in mind when conducting background checks for remote employees:
First, it’s important to verify their identity. With remote work, it can be more difficult to confirm that the person you are hiring is who they say they are. You can use online verification tools, such as video conferencing, to confirm the employee’s identity. Their appearance should be compared with a copy of their driver’s license or other photo id. A social security number validation can help confirm that the applicant is providing valid information. Additionally, it’s important to make sure that the employee’s contact information is accurate, so that you can reach them if needed.
As with any employment background check, the candidate must agree in writing to allow the background check. You must also provide them with certain required federal and state notices. We provide a sample background check authorization form which you can customize for your company needs. For a remote employee you can get this signature by fax, scan, PDF e-signature, DocuSign, or even from photos snapped on a cell phone. If you do use the cell phone method, be sure to have the employee initial each page […]