Thursday, January 10, 2019

Can I Request A Copy Of My Background Check

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Can I Request A Copy Of My Background Check

Can I Request A Copy Of My Background Check

Under the Fair Credit Reporting Act (FCRA), if an employer or volunteer organization is considering using information on a background check, in whole or in part, as determination for an adverse hiring/employment or volunteer decision they are required to provide written notice (referred to as a pre-adverse action letter) and a copy of the background report before final adverse action is taken. Under the Fair Credit Reporting Act (FCRA) you are entitled to a free copy of the information contained in your consumer file, if, within 60 days prior to your request, you have been notified of an adverse action taken towards you based upon information appearing in your consumer file, as prepared by HireSafe, for whom a client-employer has requested a background check, such as: ?The New Jersey Division of State Police Criminal Information Unit provides fingerprint-based criminal history background checks to anyone who requests a copy of his or her record. Should the period of 3-5 business days pass and your applicant has not demonstrated they are in the process of disputing the information contained in their report, you must then provide your applicant with an adverse-action letter, a copy of the entire background report, A Summary of Your Rights Under the Fair Credit Reporting Act,” and if in California, the California statement of consumer rights.

Actually, the criminal background check does fall under the FCRA if the information was pulled through a consumer reporting agency (which is probable since most employers save the USG do not station investigators around the country to pull the info themselves) and the employer is required to send a copy of the report and a pre-adverse action letter to OP PRIOR to the adverse action. The Division of State Police, Criminal Information Unit (CIU) provides fingerprint-based criminal history record background checks to any individual requesting a copy of his/her own record. The Consumer Financial Protection Bureau's Summary of Your Rights under the Fair Credit Reporting Act” is available here in English doc and Spanish doc Please contact the Background Screening Office to request a copy of the report.

If the background check contains items of information that may cause you to make a hiring decision that will adversely affect your candidate for employment, you must provide the candidate with a letter advising that adverse action might be taken, provided a copy of the background check report, and also provide the FCRA state of consumer's rights document that explains the rights consumers have under federal law. Before an employer relies in whole or in part on a background check report to take an "adverse action" (e.g., rescinding a conditional job offer or discharging an employee), the employer must provide the individual a "pre-adverse action" notice, and include with it a copy of the report and the Consumer Financial Protection Bureau's Summary of Rights. The company does this by sending you a pre-adverse notice along with a copy of your background report and a document entitled A Summary of Your Rights under the Fair Credit Reporting Act.” Once you receive this notice, you should review your report and contact the company that prepared the report (their information is included in the Pre-adverse Notice) if any part of your report is inaccurate or incomplete.

If an employer is considering not hiring you based on information in a background check, they must provide you with a copy of the background check report and give you an opportunity to respond before they finalize their decision. But they CANNOT see convictions and other negative information that is more than 7 years general, employers CANNOT see: arrests that did not lead to conviction; convictions that have been dismissed/expunged/sealed; participation in court diversion programs; and certain minor marijuana convictions; your RAP sheet; your credit an employer decides not to hire you because of information in your background check report, the employer MUST NOTIFY you beforehand; give you a COPY of the background check report; and give you a chance to CORRECT any errors in your background check report and/or OFFER proof of rehabilitation or other relevant evidence. ALWAYS request a copy of the background check report.Employers CAN see: convictions and pending (unresolved) arrests, charges, or cases; other personal information about you.
http://ehs.yale.edu/sites/default/files/files/sterling-background-clearance.pdf
https://www.ocs.udel.edu/clearances/background-check/

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