California Law Changes Affect Pre-Employment Background Screening; Opines CriminalBackgroundRecords.com

Criminal Background Records

As the new law in California highlights, change is constant and the time is now to review all employment screening policies.

CriminalBackgroundRecord.com’s President and CEO Adam Almeida recently commented on a new law in California governing the use of criminal background records as part of pre-employment background screening stating: “The new law highlights an immediate and obvious need for all companies and organizations utilizing criminal history records to work with well-qualified third-party background screening agencies in order to maintain full compliance with law.” Across the country new laws are enacted to govern the use of criminal histories and California’s law will greatly influence how hiring managers conduct pre-employment background screening and maintain compliance with law.

Laws governing the use of criminal records history continue to evolve and have drastically changed pre-employment background screening. California’s new law is yet another evolution.

Adam Almeida, President and CEO of CriminalBackgroundRecords.com states: “There are hundreds of jurisdictions that have enacted some form of legislation governing the lawful use of criminal records in the United States. Each time a law changes hiring managers should be reminded that a best practice remains to work with a well-qualified third-party pre-employment background screening agency.”

From NOLO.com (No date given):

If you are among the estimated one in four Americans with a criminal record, you might face an uphill battle in your job search. Surveys show that a majority of employers—92%, according to one survey—perform criminal background checks when hiring for at least some positions.

Fortunately, job seekers with criminal records have some legal rights under California and federal law. (1)

The new law in California, which took effect in July 2017, should make hiring for formerly incarcerated individuals easier.

From law360.com (Sep 06, 17):

California employers must comply with new regulations on employer consideration of applicants’ and employees’ criminal background. The regulations, which were effective as of July 1, 2017, borrow heavily from guidance by the U.S. Equal Employment Opportunity Commission in its April 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.” Both the regulations and the guidance reflect efforts to reduce employment application rejections due to a criminal record, which are believed to have a detrimental effect on not only the individuals involved but also society as a whole in the form of unemployment and recidivism. (2)

Almeida adds: “Again, the new law highlights the urgent and immediate need for all hiring managers to work with a third-party pre-employment background screening company.”

The new regulations are subtle but significant.

From law360.com (Sep 06, 17):


  • Limit the Types of Criminal Convictions Employers May Consider
  • Employers are now prohibited from considering any non-felony convictions for marijuana possession if the conviction is more than two years old.
  • Require Notice to the Applicant/Employee of Any Disqualifying Conviction and Provide a Reasonable Opportunity to Present Evidence of Factual Inaccuracy (3)

Almeida concludes: “In the end a best practice for employers is to work with a third-party background screening company in order to maintain full compliance with law. As the new law in California highlights, change is constant and the time is now to review all employment screening policies.

CriminalBackgroundRecords.com is a third-party background screening company that can provide compliant solutions for all screening requirements. From pre-employment to post-hire screening, as well as volunteer, caregiver and nanny checks, CriminalBackgroundRecords.com provides background screening services across a broad array of industries. From the smallest organization to the largest corporation, CriminalBackgroundRecords.com can fulfill every background screening requirement.

Notes:

(1)    http://www.nolo.com/legal-encyclopedia/california-laws-employer-use-arrest-conviction-records.html

(2)    https://www.law360.com/articles/959524

(3)    https://www.law360.com/articles/959524

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