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I assume where you've lived and any criminal record, but anything else? Just curious.
Background check is employed to give the employers a peace of mind that they will make the right decision when they hire someone. Aside from your location and criminal record, employers also check your compensation histories, references, driver's licenses, fraudulent record, employment history, education history, and often credit history. When the background checking is conducted properly, it will prevent any possible future obstacles and problems, which can be devastating to the company.
a speeding ticket is merely a traffic violation. But Depending how fast you were going can seriously rack up the violation points but it's no crime
In NY a DWAI(driving while ability impaired less than a .08 BAC) is a non-criminal but major traffic violation but it is still likely to show up on a criminal report(since it gets heard in a criminal court)
a DWI(Driving while intoxicated) in NY is a misdemeanor, and a second offense within 5 years is a felony
Depending in what state the info is being reported, some adverse info cannot be reported depending on the law. If for example an employer in NY is doing a criminal check on someone, only convictions that are less than 7 years old can be reported. however, if the applicant will be earning $25,000 or more on the new job, convictions can be reported indefinitely
if the state does not have it's own laws about reporting(like NY does), it then defaults to the federal model where arrests 7 years or less can be reported, except for convictions which can be reported indefinitely
Maybe traffic violations are important in some jobs. Such as if you are applying to drive a school bus and have a terrible driving record, they SHOULD find that out before they risk the lives of children by hiring you.
Credit checks can be useful if someone is going to be around money or in a position to steal. Someone very deep in debt might not be the best employee to have handling lots of money. Also the safety of customers, patients, fellow employees can be an important consideration.
How many years back does the background check cover?
Depends on the data in question.
For instance, most debts cannot be reported after seven years. Except per FCRA this only applies to persons with an income of $75k or less. For persons with higher incomes, debt can be reported for longer. Bankruptcies can also be reported for longer.
Arrest records can be reported for seven years in some states but not others. It also depends on the job; for instance in California an employer may use sex-related arrest records in the hiring decisions for healthcare jobs.
Criminal convictions can be reported indefinitely. Except in California. There, criminal conviction records are not considered public records, may only be used for certain jobs (childcare worker, law enforcement, etc.), and the employer must rely upon private background-check services, which may or may not report accurate data, so an employer must use caution.
Civil judgements may be reported for seven years.
In some states, employers may view workman's comp claims.
Addresses and past employers would be reportable indefinitely.
Note that an employer must notify and obtain permission from the applicant before running a background check. According to FCRA, a background check may include any information about an individual's character, general reputation, personal characteristics, or mode of living obtained through any means--including interviews. Thus, checking employment or character references are protected under FCRA.
Note also, under FCRA, permission/notification granted by an applicant is valid for only three days--many employers violate this by asking all applicants to grant permission at the very first stage in the hiring process, especially using those on-line application wizards, but not conducting the background check until months later.
does not use a company to check a criminal record and chooses to do the check on their own--ie going straight to the courthouse that heard the case, they are not bound by any FCRA rules and the info can be reported as along as a record exists
Maybe traffic violations are important in some jobs. Such as if you are applying to drive a school bus and have a terrible driving record, they SHOULD find that out before they risk the lives of children by hiring you.
Credit checks can be useful if someone is going to be around money or in a position to steal. Someone very deep in debt might not be the best employee to have handling lots of money. Also the safety of customers, patients, fellow employees can be an important consideration.
True, but it shouldn't matter for most jobs. If the traffic conviction is only a civil-infraction it's really not that big of a deal. An HR department definitely should not be harassing a prospective employee for an office job about a few speeding tickets in the last decade.
I have to wonder how long will it be before one's medical records and who had they voted for in the last election will be added to one's background check?
Last year I have a major company call me up asking me for some information about an employee who had once worked for us. Among the questions they had asked me "...what kind of TV shows did this person watched ?" "...Did they support President Obama?" Did they listen to rock music?" I am NOT kidding !!!
There has to be a line somewhere between information an employer should know about and information that is really nobodys damn business.
There has to be a line somewhere between information an employer should know about and information that is really nobodys damn business.
There is. Asking about an employee's political affiliation is one of them.
HR 3149 (House Resolution 3149) proposes to limit the use of credit reports by employers. I urge everyone to support it and let their elected officials know how they feel! (I can't of course, since I am taxed without representation).
Actually your voter registration/party affiliation is a matter of public record, as are any political contributions over (I think $50). Much of that can be determined with a simple Internet search.
That said, with few exceptions, I don't see why it really matters what party someone is with. (I wouldn't hire someone who is registered with the Right To Life party to work in an abortion clinic for example.)
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in NY state
