Are Criminal Charges Preventing You From Getting a Job or Promotion? You May Have Rights under the Fair Credit Reporting Act
[Guest blog post authored by Daniel Bryden]
Will Criminal Charges Affect My Job Search?
People who have been charged with a crime are often concerned that the charges will show up on a background check and may even prevent them from getting a good job or a promotion. If you have ever been charged with a crime and are considering applying for a job or promotion, you should know your rights under the Fair Credit Reporting Act (“FCRA”) .
What is FCRA?
The FCRA is a federal law that governs background checks, which are also sometimes known as “consumer reports.” The FCRA places restrictions on employers and the companies that conduct background checks and provides for money damages if a person’s rights under the FCRA are violated.
For example, the FCRA requires that before your employer can conduct a background check on you, the employer must receive written authorization from you. In addition, the FCRA requires that employers disclose that they are going to conduct a background investigation in a notice that consists “solely” of the disclosure. Many employers fail to comply with these requirements.
What Can be Disclosed?
The FCRA also limits what information can be included in a background report. For example, charges that were dismissed or arrest records from more than seven years ago cannot be reported under this law. The companies that conduct background checks, however, do not always comply with this law, either. The FCRA also requires the companies that perform background checks to ensure that their reports have “maximum possible accuracy.” But in some cases, these companies report misdemeanor convictions as felonies or make other errors in their reports, which can ruin your chance at getting a job. In other cases, they list the same offense multiple times in the same report, making it look like you were charged many more times than you really were! These types of sloppy and misleading practices are prohibited by the FCRA.
“But . . . I can explain!”
In addition, the FCRA requires that before an employer decides not to offer you a position, give you a promotion, or terminate your employment based on a background check, the employer must notify you and give you a copy of the background report. The FCRA requires employers to give you a copy of the report before taking any action based on the report so that you have the opportunity to dispute any errors in the report. Not all employers, however, always follow this requirement under the FCRA.
If any of these things have happened to you, you may have a claim—including a possible claim for damages—under the FCRA.
Daniel C. Bryden is an attorney at Nichols Kaster, PLLP, where he litigates consumer class actions, including cases brought under the FCRA. You can reach Mr. Bryden at (612) 256-3270 or dbryden@nka.com.
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