As you set, establish, or maintain your background screening program, there are many obligations to be aware of, including state and local law, the FCRA (Fair Credit Reporting Act), and the EEOC (Equal Employment Opportunity Commission) Guidance.
Based on a variety of factors, there are limitations to what information you have access to via consumer reports and also how entities are allowed to utilize the reports.
ACRAnet helps you manage many components of this requirement by way of our compliance engine, which automatically accounts for reporting requirements on a state-by-state basis.
Guidance from an attorney familiar with background screening is advised to ensure risks inherent to the process are minimized.
Comprehensive Background Checks take 2 business days on average, however our usual turnaround time is one business day.
ACRAnet accesses multiple data sources, including national criminal databases with millions of records, courthouses across all 3,200 counties in the United States, state sex offender registries, the Federal Court PACER system, and state Department of Motor Vehicles.
If your company reviews consumer reports as part of the screening process, then you must follow the adverse action process when information on any consumer report leads in part, or entirely, to an adverse decision including but not limited to: not hiring/contracting, severing employment/contract, or denying a promotion. First, the pre-adverse action notice must be sent. This includes legal notice that information on the report has lead you to the potential adverse action.
The notice must include:
- Instructions on how to initiate the dispute process,
- instructions on how to provide additional information or evidence of rehabilitation,
- a copy of their background check report,
- an FCRA notice, and other state specific attachments, as applicable.
- If the applicant does not respond to this notice within a specified period of time (typically seven days), then a final or ‘post adverse’ notice is sent.
This entire process, while seemingly an operational burden, is important and can be carried out with ease using the tools made available by ACRAnet
Yes. ACRAnet is accredited by the National Association of Professional Background Screeners (NAPBS). To become accredited, consumer reporting agencies must pass a rigorous onsite audit, conducted by an independent auditing firm, of its policies and procedures as they relate to six critical areas:
- consumer protection
- legal compliance
- client education
- product standards
- service standards
- and general business practices