Building on the success of last month’s ‘Background Checks in the News’ post, here are our picks for the top news stories for the past month that included an aspect related to background checks.
This month we are re-capping 4 news stories:
- California Statewide Ban-the-Box Law
- Receiving an Updated Background Report May Require a Second Pre-Adverse Action Notice
- California Bills Regarding Sealing Criminal Records
Background Checks in the News
1. California Statewide Ban-the-Box Law
The Governor of California signed Bill 1008 on October 14. California’s current law prohibited only California state and local agencies from asking about an applicants criminal history until the applicant “is determined qualified for the position”. Bill 1008 extended this law to prohibit “all employers in California with five or more employers” to ask about an applicants criminal history. The full bill can be read here.
2. Receiving an Updated Background Report May Require a Second Pre-Adverse Action Notice
A recent court case has gone in front of a jury. The case was based on an employer who took adverse action due to a partial, in-progress background report. The employer sent the plaintiff a copy of the partial report and a summary of their rights under the FCRA, as is required when taking adverse action.
The employer never sent a copy of the final background report to the plaintiff because the information that was being used for the adverse action, was consistent in the two reports. The case is now in front of a jury.
It is cases like this that show how important it is to have a trusted partner to perform your background checks. A partner that knows the ins and outs of all the laws.
3. California Governor Signs Bills Regarding Sealing Criminal Records
On October 11, California Governor Edmund G. Brown Jr. signed legislation to “improve California’s criminal and juvenile justice systems, restore the power of judges to impose criminal sentences and reduce recidivism through increased rehabilitation.” There were a number of bills signed, the ones specific to sealing criminal records were:
- SB 312 (Skinner) authorizes courts to seal juvenile records for certain offenses. You can read the full bill here
- SB 393 (Lara) authorizes record sealing and removes barriers to employment for those arrested but never convicted of a crime. You can read the full bill here.
- AB 529 (Stone) requires the sealing of juvenile records when a petition is dismissed. You can read the full bill here
What this means is that juveniles and people who have been arrested but never convicted of a crime now have more opportunities for their records to be sealed. This builds off of Assembly Bill 1843 (AB 1843), which prohibits employers from asking about certain juvenile records for employment purposes. Bill 1843 came into effect in California on January 1, 2017.
This month’s stories all shared the common thread of legislation as well as background checks. The laws are continually changing.
Stay on top of the current rules and best practices in background checks by partnering with a trusted background-checking agency like AIS. Give them a call today at 1 (800) 295-7109 to see how they can help to ensure your background checks are legally compliant.