FCRA Compliance and Forms

If you are using InstantCriminalChecks.com for employment screening purposes or for tenant screening purposes then you must comply with the federal Fair Credit Reporting Act (FCRA).
https://www.ftc.gov/

The federal Fair Credit Reporting Act (“FCRA”) governs credit reports requested for employment purposes, including in connection with hiring, promotion, retention, or reassignment. State laws may impose additional requirements, and you should consult with attorneys in the states in which you operate and in which your applicants/employees reside in order to determine whether any such additional requirements apply.

These guidelines apply to consumer reports, as defined in the FCRA. You may also find information at the Federal Trade Commission’s website,
https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know.

The following 2 page PDF reviews what employers should know about federal laws governing consumer reports.

Among other things, the FCRA requires prior written authorization from the employee or applicant, and certain disclosures to the employee or applicant. The following is a sample authorization and employee consent form that you may use or you may create a form of your own.  Whether you choose to use this form or another one, your employment applicants and/or tenant applicants must give you written permission to perform a tenant or employment screening background check.

If an adverse action (that is, a decision not to hire, promote, retain or reassign) is proposed to be taken based in whole or in part on the report, you must comply with FCRA including, providing the person with a copy of the report and a summary of the person’s rights under the FCRA before the adverse action is taken;

and after the adverse action is taken, notify the person of the adverse action and include the notices to the person required by the FCRA.

If a criminal background check other than a county criminal background check was performed on an applicant/employee for any employment related purpose; and information came back from that search that is likely to have adverse actions against the applicant/employee, we require you (the employer) to place a county criminal background check where the criminal record was found to ensure the information discovered is both accurate and current. All customers should consult local, state and federal laws before any adverse action is taken against an applicant or employee.

Please be sure to read the InstantCriminalChecks.com Terms of Use:
https://www.instantcriminalchecks.com/terms/

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