State Background Check Compliance
State regulations are entirely separate and in addition to the federal regulations enforced under the FCRA, various state regulations and include some EEOC guidelines. Many different states, counties and jurisdictions can have their own set of laws and regulations governing what is acceptable for application forms, background screening and interview questions.
Luckily HireSafe is headquartered in California one of the strictest states for background screening and employment law. Many of the regulations that start at the state level end up being federal regulations as well, so HireSafe abides by the strictest possible state regulations to keep your company compliant now and well into the future.
State Specific Background Check Limitations
In addition to the limitations found in the FCRA, a number of states place limitations on what information may be reported by background screening companies. Information commonly prohibited includes
- Arrest records
- Older convictions (number of years varies state to state)
- Dismissed cases, and discharged cases.
There are several states with reporting limitations or special requirements related to background reports and their content beyond those of the FCRA. Specific requirements vary and include:
- Reporting and/or use limitations for CRAs and/or employers
- The inclusion of a check box on the disclosure/authorization for the applicant to request a copy of their background report
- The prohibition of reporting arrests which did not lead to conviction
States that have reporting limitations beyond FCRA regulations*
- District of Columbia
- New Hampshire
- New Mexico
- New York
- Rhode Island
*Note: State laws and regulations change often and HireSafe continually keeps background check reporting up to the latest state standards even beyond this list.
HireSafe offers compliance resources to keep you informed
The HireSafe Background Check Blog includes valuable insights on the latest employment screening trends, court cases and news.
Our Compliance Checklist provides a simple and quick reference for maintaining complaint procedures.
We have pages of information on the background check process and how HireSafe keeps your company compliant.
Each Client at HireSafe has a dedicated account manager who can answer compliance questions for your specific company.
Have any compliance questions? call us anytime:
888-792-HIRE (4473) | firstname.lastname@example.org