That can all depend. For example, California state law restricts employers from using information on the so-called “Megan’s Law” web site to rule out prospective sex offender job candidates. There’s also a seven-year scope restriction on such information for employment purposes. For example, a sex offender that is listed on the Megan's Law website for ten years for a crime committed seven years ago is not reportable by background check companies and can't be used in hiring decisions. 

Employment laws can be tricky and they vary from state to state. That’s an advantage of hiring a third-party background check company. Outsourcing background checks reduces liability as these companies are subject to compliance with state laws and the Fair Credit Reporting Act (FCRA). And their professional background check personnel are up-to-speed on the differences among various state laws. That can help keep employers compliant and protected against potentially catastrophic hires.

Please visit www.pre-employ.com for more information on background checks and compliance.

We welcome relevant comments, questions or suggestions from HR professionals, consumers and experts. All comments are reviewed before posting.