Background Checking
Legal Aspects of Background Checking
Submitted by: Susan
Whenever we hear the term 'background checking' it automatically gives us the impression of a background of past criminal activities. But the truth of the matter is, performing a background check on a certain person may be necessary for a number of reasons. A background check does not necessarily involve an in depth check; it may be done for the simple purpose of clearing any doubts before entering into a business venture or hiring a new employee.
Background checking is even popular among certain communities where parents may check the background of their child's future spouse and family. In addition to searching for criminal records, background checks also help you find general information on, for example, a business company's legal status and reputation, and also its business competitors and how its products or services fare in the market.
Thus the term background checking encompasses a broad spectrum, and covers wide range of investigative researches on individuals, companies and small business. Now the question of a background check arises because there may be certain doubts or problems with a certain individual or business entity that need to be cleared. So it is important for the lawyer or the investigator to understand the context in which the checking has to be done and the nature of the problem that has to be addressed. It is the responsibility of the investigator to ask the client about the objective behind such a background check. It is important from both an ethical as well as a legal point of view.
If you are going to perform such a background check on some person or some business entity, you must be aware of several federal laws that control the access to public records and personal information. So far as the financial records are concerned, the Gramm-Leach-Bliley Act (GLB) governs the procedures through which personal financial information are disclosed to a third party. Then there is the Fair Credit Reporting Act (FCRA) that protects the privacy of a person's consumer reports. Similarly, The Drivers Privacy Protection Act protects the past driving records of individuals.
Additional federal laws contain privacy provisions that restrict access to public school and medical records, as well as other records maintained by government agencies. There are many more Federal laws that regulate the disclosure of the medical reports and school days information.
However the provisions of laws dealing with the access to several public and personal information may vary with each state. Even for the governmental information that are accessible to public, there are certain restriction as to how you can use those information.
February 26, 2011
8:08 pm
How do I find a reliable background checking agency?
I need to find a reliable and thorough background checking agency. Thanks for your help.
February 27, 2011
3:59 am
If it is for rental housing, look in the yellow pages. Of course, you will need a signed authorization from the prospective tenant.
March 2, 2011
1:26 am
that you didn’t kill a guy and take his card
March 2, 2011
8:33 pm
If you hold a credit card, have a bank loan, purchase anything on time payments like a car rest assured that each has checked your credit. In many cases the rate you are charged for interest is based on your credit worthiness. When I was in business years ago there were two sources where we did credit checks Dun & Bradstreet and Commercial Credit Corp.
March 3, 2011
8:22 pm
background checking?
I see a lot of firms doing background checking. Can any company do the background checking without my knowledge ?. If yes, is there any way to know about the company names who run the background check on my name every year ?.
Please help
March 4, 2011
8:15 am
No, they check as far back as they deem necessary. Security clearances may be one reason. Fugitive warrants could be another. Throw in deadbeat dads. I’ve worked Human Resources, there’s usually good reason to look as hard as you feel the need to.
March 4, 2011
5:36 pm
As a senior member of a background screening company, we do not disclose any violations that do not appear on an updated Motor Vehicle Report. We require that our clients request a new version of a report for all applicants. We as a background screening company are required to keep the MVR for a period of 5 years, but a particular report is only utilized once.
March 4, 2011
8:07 pm
When a company runs your social security number to do a background check on you, what are they checking?
When companies run a background check on you, are they just checking your criminal background or your credit record or both?
Well, a company ran my ss# and I guess they found something bad but I have never did anything. I have a friend who is a cop and I had him run my info and said that there was absolutely nothing on my record so I have no idea what they could’ve found.
March 4, 2011
8:08 pm
Is there a maximum number of years for background checking?
When companies do background checking, is there a maximum number of years that they are allowed to check?
March 4, 2011
8:08 pm
How long can a background checking company keep the same dmv record and disclose it do they have to update it?
I know that DMVs usually have 5 to 10 year dmv records on request. What about background checking companies? Are the background checking companies allowed to use violations that are no longer on the updated dmv from the dmv?
updated dmv record*