Employment Background Checks Compliance

Employment background check compliance is NOT optional!

Here’s what Key Background Screening, Inc. does to help our clients stay compliant!

  • Disclosure & Authorization- Key Background Screening, Inc. provides all of the applicant notifications and disclosures electronically through our online Applicant Quick Invite format. There’s no need to supply paper forms!

  • Adverse Action– The Key Background Screening, Inc. platform provides all of the Adverse Action documents.

  • Reporting Guidelines– The Key Background Screening, Inc. reports that you receive contain only that data which is permissible to use for employment suitability purposes.

  • Auditing– The Key Background Screening, Inc. Quality Assurance (QA) team conducts random reviews and audits of each of our researchers’ work product and report processing.

Our compliance objective is to keep our clients informed of the changing regulatory landscape as it relates to employment screening. We strive to meet and beat your expectations of a supplier, and focus on being your long term HR partner.

FCRA background check reporting limitations

The FCRA regulations place limitations on information that can be reported by a background screening company. To comply with employment law, Credit Reporting Agencies such as Key Background Screening only provide reports with filtered and compliant data in them.

Section 605 of the FCRA prohibits a background screening company from reporting the following:

  • Bankruptcy cases that precede the report by more than ten years

  • Paid tax liens that precede the report by more than seven years

  • Accounts placed for collection or charged to profit and loss that precede the report by more than seven years

  • Civil suits, civil judgements, and records of arrest that precede the report by more than seven years

  • Any other adverse information, other than records of convictions that precede the report by more than seven years.

In addition to the limitations found in the FCRA, a number of states place limitations on what information may be reported by background screening companies. Information commonly prohibited includes

  • Arrest records

  • Older convictions (number of years varies state to state)

  • Dismissed, deferred adjudication and discharged cases.

There are several states with reporting limitations or special requirements related to background reports and their content beyond those of the FCRA. Specific requirements vary and include:

1. Reporting and/or use limitations for CRAs and/or employers

2. The inclusion of a check box on the disclosure/authorization for the applicant to request a copy of their background report, and

3. The prohibition of reporting arrests which did not lead to conviction.