Background Check
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A background check is a process a person or company uses to verify that an individual is who they claim to be, and this provides an opportunity to check and confirm the validity of someone's
criminal record A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between coun ...
, education, employment history, and other activities from their past. The frequency, purpose, and legitimacy of background checks vary among countries, industries, and individuals. An employment background check typically takes place when someone applies for a job, but it can also happen at any time the employer deems necessary. A variety of methods are used to complete these checks including thoroughly verifying references, conducting detailed online searches, utilizing third-party services or agencies when appropriate, depending on the sensitivity of the position or industry regulations, checking academic records, and conducting criminal record checks. All of these steps help employers identify any potential risks associated with hiring an individual and make well-informed decisions.


Purposes


Employment screening

Background checks are often requested by employers on job candidates for employment screening, especially on candidates seeking a position that requires high security or a
position of trust A position of trust is any position that requires its holder to enjoy the trust of those who elected or chose the holder. It is often used in a more restricted sense defined by an organization or by legislation. One possible legal summary of a Pos ...
, such as in a school, courthouse, hospital, financial institution, airport, and government. They can also be requested when purchasing a firearm (from a legal authorization). These checks are traditionally administered by a government agency for a nominal fee, but they can also be administered by private companies. Results of a background check typically include past employment verification, credit history, and criminal history. The objective of background checks is to ensure the safety and security of the employees in the organization. These checks are often used by employers as a means of judging a job candidate's past mistakes,
character Character or Characters may refer to: Arts, entertainment, and media Literature * ''Character'' (novel), a 1936 Dutch novel by Ferdinand Bordewijk * ''Characters'' (Theophrastus), a classical Greek set of character sketches attributed to The ...
, and fitness, and to identify potential hiring risks for safety and security reasons. Background checks are also used to thoroughly investigate potential government employees in order to be given a
security clearance A security clearance is a status granted to individuals allowing them access to classified information (state or organizational secrets) or to restricted areas, after completion of a thorough background check. The term "security clearance" is ...
. However, these checks can sometimes be used for illegal purposes, such as unlawful
discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
(or
employment discrimination Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, g ...
),
identity theft Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term ''identity theft'' was co ...
, and
violation of privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 19 ...
. Checks are frequently conducted to confirm information found on an
employment application An application for employment is a standard business document that is prepared with questions deemed relevant by employers. It is used to determine the best candidate to fill a specific role within the company. Most companies provide such forms to ...
or
résumé A résumé, sometimes spelled resume (or alternatively resumé), also called a curriculum vitae (CV), is a document created and used by a person to present their background, skills, and accomplishments. Résumés can be used for a variety of re ...
/
curriculum vitae In English, a curriculum vitae (,
. One study showed that half of all reference checks done on prospective employees differed between what the job applicant provided and what the source reported. They are also conducted as a way to further differentiate potential employees and pick the one the employer feels is best suited for the position. Employers have an obligation to make sure their work environment is safe for all employees and helps prevent other employment problems in the workplace.


Firearms purchases

In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, the
Brady Bill The Brady Handgun Violence Prevention Act ( Pub.L. 103–159, 107 Stat. 1536, enacted November 30, 1993), often referred to as the Brady Act or the Brady Bill, is an Act of the United States Congress that mandated federal background checks on ...
requires criminal checks for those wishing to purchase
handgun A handgun is a short- barrelled gun, typically a firearm, that is designed to be usable with only one hand. It is distinguished from a long gun (i.e. rifle, shotgun or machine gun, etc.), which needs to be held by both hands and also braced ...
s from licensed firearms dealers. Restricted
firearms A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions). The first firearms originated in 10th-century China, when bamboo tubes c ...
(like
machine guns A machine gun is a fully automatic, rifled autoloading firearm designed for sustained direct fire with rifle cartridges. Other automatic firearms such as automatic shotguns and automatic rifles (including assault rifles and battle rifles) a ...
),
suppressor A silencer, also known as a sound suppressor, suppressor, or sound moderator, is a muzzle device that reduces the acoustic intensity Sound intensity, also known as acoustic intensity, is defined as the power carried by sound waves per unit ...
s,
explosives An explosive (or explosive material) is a reactive substance that contains a great amount of potential energy that can produce an explosion if released suddenly, usually accompanied by the production of light, heat, sound, and pressure. An expl ...
or large quantities of precursor
chemicals A chemical substance is a form of matter having constant chemical composition and characteristic properties. Some references add that chemical substance cannot be separated into its constituent elements by physical separation methods, i.e., wit ...
, and concealed weapons permits also require criminal checks. Checks are also required for those working in positions with special security concerns, such as trucking,
ports of entry In general, a port of entry (POE) is a place where one may lawfully enter a country. It typically has border security staff and facilities to check passports and visas and to inspect luggage to assure that contraband is not imported. Internatio ...
, and airports (including airline transportation). Laws exist to prevent those who do not pass a criminal check from working in careers involving the elderly, disabled, or children.


Pre-employment screening

Pre-employment screening refers to the process of investigating the backgrounds of potential employees and is commonly used to verify the accuracy of an applicant's claims as well as to discover any possible
criminal history A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between coun ...
,
workers compensation claim Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her emp ...
s, or employer sanctions.


Brazil

The Brazilian legal system prohibits discrimination against people. Many people consider background checks to be discriminatory. Regulation and Laws on Background Checks * Brazilian Constitution, Article 3, IV * Brazilian Constitution, Article 5, X * Brazilian Constitution, Article 7, XXXI * Law No. 9.029/95


Netherlands

It is the responsibility of the employer to treat all personal information collected from the employee as confidential information and to limit the access to this information within the organization. The employer cannot retain the personal information from the applicant and have to have protective measures just in case there is data breaching. The employer have to give the applicant the opportunity to access their personal information. Dutch Data Protection Authority must be notified of the background check. Restrictions and Laws on Background checks * The Data Protection Act 2001 * The Equal Treatment Act 1994 * The Judicial Data and Criminal Records Act 2004 * The Medical Examinations Act 1998 * Article 8 of the European Convention on Human Rights


Poland

The first Polish research on the issue of pre-employment screening shows that 81% of recruiters have come across the phenomenon of lies in the CVs of candidates for the job. The responsibility of the employer is to collect necessary information and to protect it so only certain people in the organization could access it. The applicant have to receive a copy of the background check so the applicant could have an opportunity to make sure if the information in the background check is correct. The employer could not keep the personal information more than they need to. Restrictions and Laws on Background checks * The
Polish Constitution The current Constitution of Poland was founded on 2 April 1997. Formally known as the Constitution of the Republic of Poland ( pl, Konstytucja Rzeczypospolitej Polskiej), it replaced the Small Constitution of 1992, the last amended version of ...
dated 2 April 1997 * Article 8 of the European Convention on Human Rights * Act of 26 June 1974 on The Labour Code * Act of 24 May 2000 on National Criminal Records * Act of 4 March 1994 on the Company Social Fund * Act of 29 August 1997 on Personal Data Protection * Regulation of Work and Social Policy Minister dated 28 May 1996


United Kingdom

The employer has to treat the personal information from the applicant as confidential. The applicant has to receive a copy of the background to check or update the information that appears on the background check. The employer can not retain the information more than it is necessary. The employer has to give any one who comes in contact with the information of the applicant a code of conduct. The company has to go through an audit to make sure they are complying and protecting the data. Restrictions and Laws on Background Checks * Criminal records checks:
Protection of Freedoms Act 2012 The Protection of Freedoms Act 2012 is an Act of the Parliament of the United Kingdom. As the Protection of Freedoms Bill, it was introduced in February 2011, by the Home Secretary, Theresa May. The bill was sponsored by the Home Office. On Tuesd ...
,
Rehabilitation of Offenders Act 1974 The Rehabilitation of Offenders Act 1974 (c.53) of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively mi ...
, Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 * Ability to work in the UK:
Immigration, Asylum and Nationality Act 2006 The Immigration, Asylum and Nationality Act 2006 (c 13) is an Act of the Parliament of the United Kingdom. It is the fifth major piece of legislation relating to immigration and asylum since 1993. Commencement Orders Although the Act received ...
* The
Equality Act 2010 The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
*
Data Protection Act 1998 The Data Protection Act 1998 (DPA, c. 29) was an Act of Parliament of the United Kingdom designed to protect personal data stored on Computer, computers or in an organised paper filing system. It enacted provisions from the European Union (EU) Da ...
* Article 8 of the European Convention on Human Rights (and
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
) Since the onset of the
financial crisis of 2007–2010 Finance is the study and discipline of money, currency and capital assets. It is related to, but not synonymous with economics, the study of production, distribution, and consumption of money, assets, goods and services (the discipline of fina ...
, the level of fraud has almost doubled and some experts have predicted that it will escalate further. Background-checking firm
Powerchex HireRight is a global family of background screening companies. Its parent holding company is based in Irvine, California. Acquisitions and mergers Powerchex On June 23, 2010, HireRight announced that it had acquired Powerchex, a UK-based ...
has claimed the number of applicants lying on their applications has been increasing since the summer of 2007 when the financial crisis began. In 2009, Powerchex claimed that nearly one in 5 applicants has a major lie or discrepancy on his or her application. Almost half (48%) of organizations with fewer than 100 staff experienced problems with vetted employees. The research shows how many failures occurred in the relationship between employer and employee over the years and what dangers it brings. Applicants usually lie about additional skills (85%), dates of employment (58%), responsibilities (53%) or positions (28%).


Regulation

The
Financial Services Authority The Financial Services Authority (FSA) was a quasi-judicial body accountable for the financial regulation, regulation of the financial services industry in the United Kingdom between 2001 and 2013. It was founded as the Securities and Investmen ...
states in their Training & Competence guidance that regulated firms should have: * Adequacy of procedures for taking into account knowledge and skills of potential recruits for the role * Adequacy of procedures for obtaining sufficient information about previous activities and training * Adequacy of procedures for ensuring that individuals have passed appropriate exams or have appropriate exemptions * Adequacy of procedures for assessing competence of individuals for sales roles The
Financial Services Authority The Financial Services Authority (FSA) was a quasi-judicial body accountable for the financial regulation, regulation of the financial services industry in the United Kingdom between 2001 and 2013. It was founded as the Securities and Investmen ...
's statutory objectives: # Protecting consumers # Maintaining market confidence # Promoting public awareness # Reducing financial crime


United States

The employer must obtain consent from the applicant granting approval of the background check. The employer must be in accordance with the
Fair Credit Reporting Act The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 ''et seq'', is U.S. Federal Government legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. It ...
. The employers have to guarantee that they will not discriminate against the applicant. Most notably, the
Fair Credit Reporting Act The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 ''et seq'', is U.S. Federal Government legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. It ...
(FCRA) regulates the use of consumer reports (which it defines as information collected and reported by third party agencies) as it pertains to adverse decisions, notification to the applicant, and destruction and safekeeping of records. If a consumer report is used as a factor in an adverse hiring decision, the applicant must be presented with a "pre-adverse action disclosure," a copy of the FCRA summary of rights, and a "notification of adverse action letter." Individuals are entitled to know the source of any information used against them, including a credit reporting company. Individuals must also consent in order for the employer to obtain a credit report. Restriction and laws on Background Check * Arrest and conviction records: Title VII of the Civil Rights Act of 1964; Cal. Lab. Code § 432.7; Cal. Lab. Code § 432.8; Cal. Pen. Code § 290.46(k)(2); 775 ILCS 5/2-103; Job Opportunities for Qualified Applicants Act, 820 ILCS 75/15; N.Y. Correct. Law § 752; N.Y. Exec. Law § 296 (15), (16); 18 Pa.C.S. § 9125 * Credit/financial checks: Consumer Credit Reporting Agencies Act, Cal. Civ. Code § 1785.13; Cal. Lab. Code § 1024.5; 820 ILCS 70/10 * Health checks/medical screening: Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.; Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff, et seq.; Cal. Lab. Code § 132a * Social media: Cal. Lab. Code § 980; 820 ILCS 55/10(a) * Record disposal: 16 CFR Part 682 * Record keeping: 29 CFR Part 160 * Records/information obtained from consumer reporting agencies, including but not limited to education and employment records, credit and financial records, and social media: Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq.; Consumer Credit Reporting Agencies Act, Cal. Civ. Code § 1785.13(a)(6); Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(a)(7); Cal. Civ. Code § 1786.53 * Political affiliation: D.C. Code § 2–1402.11; Wis. Stat. Ann. § 111.321 * Polygraph tests: Employee Polygraph Protection Act, 29 U.S.C. §§ 2002, 2006; Cal. Lab. Code § 432.2; 225 ILCS 430/14.1; N.Y. Lab. Law §§ 733–739; 18 Pa.C.S. § 7321


Florida

Title XLV, section 768.095 of the ''Florida Statutes'' is a law that allows former employers to disclose information about an employee to a future employer, protecting employers from negligent hiring liabilities. Employers use disclosed information from past employers when a background check does not provide enough information on the employee. Employers have to verify that the information disclosed to them is true because if it is false, the employer will be violating the civil rights of the employee.


Obtaining background checks

There are a variety of types of investigative searches that can be used by potential employers. Many commercial sites will offer specific searches to employers for a fee. Services like these will actually perform the checks, supply the company with adverse action letters, and ensure compliance throughout the process. It is important to be selective about which pre-employment screening agency one uses. A legitimate company will maintain a background check policy and will explain the process. Many employers choose to search the most common records such as criminal records, driving records, and education verification. Other searches such as
sex offender registry A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions, registration i ...
, credential verification, skills assessment, reference checks, credit reports and
Patriot Act The USA PATRIOT Act (commonly known as the Patriot Act) was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropr ...
searches are becoming increasingly common. Larger companies are more likely to outsource than their smaller counterparts – the average staff size of the companies who outsource is 3,313 compared to 2,162 for those who carry out in-house checks. Financial service firms had the highest proportion of respondents who outsource the service, with over a quarter (26%) doing so, compared to an overall average of 16% who outsource vetting to a third party provider. The construction and property industry showed the lowest level of outsourcing, with 89% of such firms in the sample carrying out checks in-house, making the overall average 16%. This can increase over the years. Companies that choose to outsource must be sure to use companies that are
Fair Credit Reporting Act The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 ''et seq'', is U.S. Federal Government legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. It ...
(FCRA) compliant. Companies that fail to use an FCRA compliant company may face legal issues. As a general rule, employers may not take adverse action against an applicant or employee (not hiring or terminating them), solely on the basis of results obtained through a database search. Database searches, as opposed to source records searches (search of actual county courthouse records), are notoriously inaccurate, contain incomplete or outdated information, and should only be used as an added safety net when conducting a background check. Failure by employers to follow FCRA guidelines can result in hefty penalties.


Criminal records

In the United States, the employer could use criminal records as verification as long as the employer does not discriminate based on race, color, religion, sex or national origin, as analyzed under the disparate treatment and disparate impact frameworks. There are several types of criminal record searches available to employers, some more accurate and up to date than others. These "third party" background checking agencies cannot guarantee the accuracy of their information, thus many of them have incomplete records or inaccurate records. The only way to conduct an accurate background check is to go directly through the state. Most times using the state of choice is much cheaper than using a "third party" agency. Many websites offer the "instant" background check, which will search a compilation of databases containing public information for a fee. These "instant" searches originate from a variety of sources, from statewide court and corrections records to law enforcement records which usually stem from county or metro law enforcement offices. There are also other database-type criminal searches, such as statewide repositories and the national crime file. A commonly used criminal search by employers who outsource is the county criminal search.


Social media

Employers could use social media as tool to conduct a background check on an applicant. An employer could check the applicant's
Facebook Facebook is an online social media and social networking service owned by American company Meta Platforms. Founded in 2004 by Mark Zuckerberg with fellow Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dustin M ...
,
Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
, and
LinkedIn LinkedIn () is an American business and employment-oriented online service that operates via websites and mobile apps. Launched on May 5, 2003, the platform is primarily used for professional networking and career development, and allows job se ...
accounts to see how the applicant behaves outside of work. U.S. employers are legally prohibited from taking into account anything they discover about a person's marital status, sexual orientation, religion, or political views when making the final decision to hire or not hire the applicant. Some companies provide Media Mentions Reports collected from open sources including Social Media public accounts.


Character reference checks

Employers may investigate past employment to verify position and salary information. More intensive checks can involve interviews with anybody that knew or previously knew the applicant—such as teachers, friends, coworkers, neighbors, and family members; however, extensive hearsay investigations in background checks can expose companies to lawsuits. Past employment and personal reference verifications are moving toward standardization with most companies in order to avoid expensive litigation. These usually range from simple verbal confirmations of past employment and timeframe to deeper, such as discussions about performance, activities and accomplishments, and relations with others. The past experiences and the companies which have provided these experiences are also verified and researched upon to detect frauds.


Identity and address verification

A fraudulent SSN may be indicative of
identity theft Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term ''identity theft'' was co ...
, incorrect claims of
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
status, or concealment of a "past life". Background screening firms usually perform a Social Security trace to determine where the applicant or employee has lived. The hiring of undocumented workers has become an increasing issue for American businesses since the formation of the
Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...
and its
Immigration and Customs Enforcement The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration tha ...
(ICE) division, as immigration raids have forced employers to consider including legal working status as part of their background screening process. All employers are required to keep government Form I-9 documents on all employees and some states mandate the use of the federal
E-Verify E-Verify is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees, both U.S. and foreign citizens, to work in the United States. No federal law mandates use of E-Verif ...
program to research the working status of
Social Security number In the United States, a Social Security number (SSN) is a nine-digit number issued to U.S. citizens, permanent residents, and temporary (working) residents under section 205(c)(2) of the Social Security Act, codified as . The number is issued to ...
s. With increased concern for right-to-work issues, many outsourcing companies are sprouting in the marketplace to help automate and store Form I-9 documentation.


Credit check

Credit checks are conducted for applicants who are applying to positions that deal with financial records or deal with a lot of money. For example, in the state of Illinois, employers could use an applicant's
credit history :''This article deals with the general concept of the term credit history. For detailed information about the same topic in the United States, see Credit score in the United States.'' A credit history is a record of a borrower's responsible repay ...
, only the
credit score A credit score is a numerical expression based on a level analysis of a person's credit files, to represent the creditworthiness of an individual. A credit score is primarily based on a credit report, information typically sourced from credit bu ...
is considered satisfactory. Individuals must also give consent in order for the employer to obtain a credit report. Pre-employment credit reports do not include a credit score. A pre-employment credit report will show up on an individual's credit report as a "soft inquiry" and do not affect the individual's credit score.


Controversies

Drug test A drug test is a technical analysis of a biological specimen, for example urine, hair, blood, breath, sweat, or oral fluid/saliva—to determine the presence or absence of specified parent drugs or their metabolites. Major applications of drug ...
s and credit checks for employment are highly controversial practices. According to the Privacy Rights Clearinghouse, a project of the Utility Consumers' Action Network (UCAN): "While some people are not concerned about background investigations, others are uncomfortable with the idea of investigators poking around in their personal histories. In-depth checks could unearth information that is irrelevant, outdated, taken out of context, or just plain wrong. A further concern is that the report might include information that is illegal to use for hiring purposes or which comes from questionable sources." In May 2002, allegedly improper post-hire checks conducted by
Northwest Airlines Northwest Airlines Corp. (NWA) was a major American airline founded in 1926 and absorbed into Delta Air Lines, Inc. by a merger. The merger, approved on October 29, 2008, made Delta the largest airline in the world until the American Airlines ...
were the subject of a
civil lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
between Northwest and 10,000 of their mechanics. In the case of an arrest that did not lead to a conviction, employment checks can continue including the arrest record for up to seven years, per § 605 of the
Fair Credit Reporting Act The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 ''et seq'', is U.S. Federal Government legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. It ...
: : ''Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing . . . Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.'' Subsection (b) provides for an exception if the report is in connection with "the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $75,000, or more". Some proposals for decreasing potential harm to innocent applicants include: * Furnishing the applicant with a copy of the report before it is given to the employer, so that any inaccuracies can be addressed beforehand; and * Allowing only conviction (not arrest) records to be reported. In
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, criminal checks have been affected by the '' Criminal Records (Clean Slate) Act 2004'', which allows individuals to legally conceal "less serious" convictions from their records provided they had been conviction-free for at least seven years. In
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
, the system of criminal checks has been criticized in a recent case where a shooting suspect was able to pass an FBI check to purchase a shotgun although he had failed the check for a state handgun permit. According to the spokesman of the local police department,
"... you could have a clear criminal history but still have contacts with law enforcement that would not rise to the level of an arrest or conviction hat can be usedto deny a permit whether or not those involved arrests that might show up on a criminal history."Kathy Barks Hoffman, Associated Press, 10:33 am EDT Apr 13, "Mich. shooting suspect was denied permit"
The Brady Campaign to Prevent Gun Violence has criticized the federal policy, which denies constitutional rights based on a criminal check only if the subject has been accused of a crime.


See also

*
Credit check A credit score is a numerical expression based on a level analysis of a person's credit files, to represent the creditworthiness of an individual. A credit score is primarily based on a credit report, information typically sourced from credit bu ...
* Criminal record check *
Employment discrimination Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, g ...
*
Identity resolution Record linkage (also known as data matching, data linkage, entity resolution, and many other terms) is the task of finding records in a data set that refer to the same entity across different data sources (e.g., data files, books, websites, and da ...
*
Negligence in employment Negligence in employment encompasses several causes of action in tort law that arise where an employer is held liable for the tortious acts of an employee because that employer was negligent in providing the employee with the ability to engage ...
*
Psychological evaluation Psychological evaluation is a method to assess an individual's behavior, personality, cognitive abilities, and several other domains. A common reason for a psychological evaluation is to identify psychological factors that may be inhibiting a pers ...
*
Security clearance A security clearance is a status granted to individuals allowing them access to classified information (state or organizational secrets) or to restricted areas, after completion of a thorough background check. The term "security clearance" is ...
*
Solid (web decentralization project) Solid (Social Linked Data) is a web decentralization project led by Sir Tim Berners-Lee, the inventor of the World Wide Web, originally developed collaboratively at the Massachusetts Institute of Technology (MIT). The project "aims to radical ...
*
Universal background check Proposals for universal background checks would require almost all firearms transactions in the United States to be recorded and go through the National Instant Criminal Background Check System (NICS), closing what is sometimes called the priva ...
, a U.S. political term regarding firearm sales *
Vetting Vetting is the process of performing a background check on someone before offering them employment, conferring an award, or doing fact-checking prior to making any decision. In addition, in intelligence gathering, assets are vetted to determine th ...
*
Online vetting Online vetting, also known as cyber-vetting is used by potential employers and other acquaintances to vet people's online presence or "internet reputation" ("''netrep''") on search engines such as Google and Yahoo, and social networking services su ...
* Vaccination records


References

{{DEFAULTSORT:Background Check Law enforcement Criminal records Public records Recruitment Security