Doing background checks on new hires and employees is necessary for better service and the development of a business. Laws and rules for background checks are always changing. Compliance is very important to protect your company from legal action. New rules are already in effect and will have a major impact on what used to be standard procedures. Check the new background check laws for 2022 for more information.
Background Check Restrictions
This law protects former convicts and helps them integrate back into society in an easier manner. This law prohibits asking the candidate questions about their criminal history until after they receive a formal job offer. Not every job is exempt from this; healthcare, private care, and law enforcement are industries that do not need to consider this.
As an employer, you can ask about criminal records in the application form, but many states prohibit doing this. You need to check with your state to see whether you can do this. It is better for employees to be upfront about their past, but it is also up to the employer to decide if that past affects the application or not.
Some information that prospects don’t have to disclose is:
- Arrests without convictions
- Sealed convictions
- Dismissed convictions
- Expunged convictions
- Referral to diversion programs
Date of Birth Restrictions
This is one of the main factors that will not need to be part of the standard background check. You may only ask for specific information. Details like DOB, SSN, driver’s license number, and other identifying information will no longer be available on public records. Professional background check companies will update information and how they provide this service to the best of their ability.
You can’t run a background check without the prospect’s permission. You must notify the job applicant that you plan on doing this and provide them with a letter stating that the report is for employment purposes. The notice must be a single document. The new background check laws for 2022 protect both employers and employees by providing the necessary information for a proper application.
If the applicant fails to pass a background check and an employer decides not to hire them, the employer should provide a pre-adverse action letter with a copy of a statement of rights and a copy of the background check. In some cases, the applicant will respond with a letter discussing their records, but the employer can choose not to hire the applicant if this doesn’t happen.