^ "Bellwether Settlement For $5.9 Million Given Preliminary Approval For FCRA Class Action Involving Criminal History Information : Workplace Class Action Litigation : Lawyers & Attorneys for Labor & Employment Law Litigation, Counseling, Employee Relations : Seyfarth Shaw LLP". Workplaceclassaction.com. Archived from the original on June 15, 2012. Retrieved 2012-06-17.


While there are many kinds of crimes that can show up on a person’s criminal background check, felonies are the most serious crimes. There are different degrees to a felony, with first degree being the most serious. These crimes typically include murder, aggravated or grand theft, rape and other violent crimes. To be charged with a felony, prosecutors have to get indictment from a grand jury. For it to show up on a background check report, the person either admitted guilt or was found guilty by a jury and required to serve prison time.
If it's very important that the background check be completely accurate, you may want to consider hiring a private investigator. However, most of the time, such background investigations are reserved for high-level pre-employment investigations, executive-level background checks and board-of-director confirmations, according to the Diligentia Group, a New York-based private investigation firm.
Due to the sensitivity of the information contained in consumer reports and certain records, there are a variety of important laws regulating the dissemination and legal use of this information. Most notably, the Fair Credit Reporting Act (FCRA) regulates the use of consumer reports (which it defines as information collected and reported by third party agencies) as it pertains to adverse decisions, notification to the applicant, and destruction and safekeeping of records.

Unlike the handwritten criminal records of the past, nowadays these types of files are kept in computer databases. All police agencies that make arrests keep a record of them in their computer database. In addition to the police databases, each state keeps information on arrests and convictions in repositories according to their own guidelines. Under the Freedom of Information Act (FIOS), US residents can view their criminal records that become public records after they are documented.
^ "Bellwether Settlement For $5.9 Million Given Preliminary Approval For FCRA Class Action Involving Criminal History Information : Workplace Class Action Litigation : Lawyers & Attorneys for Labor & Employment Law Litigation, Counseling, Employee Relations : Seyfarth Shaw LLP". Workplaceclassaction.com. Archived from the original on June 15, 2012. Retrieved 2012-06-17.

If you know you have criminal convictions or arrests on your record, you should ask for a report from the court(s) where those charges were filed. Remember to check with county, state, and federal courts if applicable. And if you want files from a county court, plan to visit the courthouse. Most county courts require someone to obtain records in person.

Checks are frequently conducted to confirm information found on an employment application or résumé/curriculum vitae. One study showed that half of all reference checks done on prospective employees differed between what the job applicant provided and what the source reported.[3] They may also be conducted as a way to further differentiate potential employees and pick the one the employer feels is best suited for the position. Employers have an obligation to make sure their work environment is safe for all employees and helps prevent other employment problems in the workplace.[4]
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