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The most common background checks consist of criminal history, education, previous employment verifications, and reference checks. These reports could also include results of pre-employment drug testing. The goal is for an employer to feel confident a new hire will not bring foreseeable trouble to the workplace.
How many years back will a Background Check go? The Fair Credit Reporting Act (FCRA) which governs background checks nationally only allows for a review of the past 7 years.
The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.
New Jersey also has a law similar to the federal FCRA. Under state law, employers must obtain an applicant's written consent before ordering a criminal background check from a third party and must provide notice before rejecting an applicant based on the contents of the report.
Criminal background checks will reveal felony and misdemeanor criminal convictions, any pending criminal cases, and any history of incarceration as an adult. Arrests pending prosecution may also be reported.
Do I Have to Give My Approval for a Background Check? Even though state laws allow employers to run an employee background check, it does not give them permission to do so without the employee's consent. Employers must notify job applicants in writing that a background check will be run.
The New Jersey Ban the Box law which took effect in 2015 prohibits employers with 15 or more employees from requiring that a job applicant complete any form during the initial application process that asks about their criminal record, and also prohibits an employer from making any inquiry regarding an
Essentially, the 7-year rule states that all civil suits, civil judgments, arrest records, and paid tax liens can't be reported in a background investigation (or other consumer report) after 7 years.
Post-hire background checks can help your company avoid being legally liable for employee misconduct, and can also help maintain a safer, more comfortable work environment for everyone. However, as with pre-employment screenings, there are some important moral and legal factors to take into consideration.
Criminal background checks will reveal felony and misdemeanor criminal convictions, any pending criminal cases, and any history of incarceration as an adult. Arrests pending prosecution may also be reported.