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When Your Candidate Has A Criminal Record

Nearly 1 in 3 adults in the United States has a criminal record.

Making Sense Of The Laws

Between FCRA regulations, EEOC guidance, and new ban-the-box laws nationwide, getting a handle on the legal landscape may feel impossible.

Fair Credit Reporting Act (FCRA)
Designed to protect both employers and candidates, the FCRA governs rules for obtaining consent, handling adverse action, and investigating disputes – all common lawsuit triggers – according to federal and state regulations.
Equal Employment Opportunity Commission (EEOC)
The EEOC seeks to ensure that information about arrest or conviction records does not have a disparate impact on protected classes, such as disproportionately excluding people of a particular race or national origin. 
Ban-the-Box
These rules govern when and how employers can ask about criminal records, often making a background check the first time you learn a candidate’s history. You need a partner to help you adhere to changing regulations, protect your business and ensure candidates get a fair shot.
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How Strengthening Compliance Led Us To Transform The Candidate Experience

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Comments For Context

True Me, our award-winning candidate experience lets candidates add context around criminal records directly into their background check results.

The context helps you make an informed, individualized assessment as required by the Equal Employment Opportunity Commission.

True Me can also keep qualified candidates in the pipeline, helping you make confident, effective and fair hiring decisions when a candidate has a criminal record.

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“I love the peace of mind that I am following EEOC and FCRA guidelines when requesting a background check.”

– Jennifer M. GoodHire Employer

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Adverse Action

If specific information returned from a background check is the reason you choose not to hire a candidate or terminate an existing employee, your company must legally pursue an adverse action.

Adverse action refers to an official legal process that an employer is required to follow as they inform a job candidate or employee that they are not eligible to work for your company due to information found in their background check.

ADVERSE ACTION REQUIREMENTS

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Our in-house compliance expertise is unparalleled. Find out what else we can do for your business. If you’d like to explore our product or order background checks, you can sign up for free today.