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Find information important to background screening and other helpful information related to screening your applicants.
Public Criminal Records
SORNA
State Statutes
State Regulations
FCRA Compliance
Court House Search
Credit Reports
Miscellaneous
Public Criminal Records
Click a state below to find Sex Offender Registries, Incarceration Records and Criminal Records.
SORNA
— SORNA
SEX OFFENDER Registration and Notification Act
Enacted in 2006, Title I of the Adam Walsh Child Protection and Safety Act — the Sex Offender Registration and Notification Act (SORNA) — created a baseline standard for sex offender registration and public notification. SORNA replaced a patchwork of federal laws, including the Jacob Wetterling Act and Megan’s Law, to improve consistency among jurisdictions’ sex offender registration and notification laws. States and other jurisdictions that substantially implement SORNA’s requirements avoid a reduction in federal funding. To verify compliance, the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) reviews jurisdictional laws, policies and procedures across 14 SORNA categories, detailing if a jurisdiction has or has not met the standards. These SORNA substantial implementation reviews are available at https://smart.gov/sorna-map.htm.
State Statutes
State Regulations
Overview
Information on states that have enacted laws that impose restrictions when searching a candidate’s history can be found below.
DOB Redaction: California & Michigan
Recent and ongoing legislation in various states such as California and Michigan significantly impact how CRAs (Consumer Reporting Agencies) gather and verify information, including redaction of Date of Birth (DOB) from Personal Identifiable Information (PII). Many of these new laws, designed to combat possible identity theft, may make it more difficult to verify records. Records that were once easily retrievable by direct electronic court access may now have to be manually requested by our court runners and researchers.
Companies performing background checks in counties or states that have either eliminated direct record access or heavily redacted information should expect much longer delays in TAT’s (Turn Around Times) and increases in search costs.
California
Per California code, employers shall not ask about an applicant’s previous arrests that did not result in convictions, sealed or judicially dismissed convictions, or any completed diversion programs. More Info →
Georgia
Under Georgia code, the First Offender Act is a sentencing option which allows a person with no prior felony convictions to dispose of their criminal case without a conviction. Exceptions exist for certain when seeking employment with a school, long term care facility, or organization caring for children, seniors, or people with mental disabilities or other vulnerable people. More Info →
Hawaii
Hawaii statutes state employers may use a person’s conviction records to make decisions about employment if the conviction record bears a rational relationship to the duties and responsibilities of the position. Convictions should be limited to those 7 years or less and misdemeanor convictions of 5 years or less. Exceptions do exist depending on the position applied for. More Info →
Kentucky
Per Kentucky statute a consumer reporting agency can only retain files on criminal cases that resulted in a conviction. More Info →
Michigan
Michigan has implemented a new “Clean Slate” law that will impact what information is available to review on background checks in the state. Certain convictions will be expunged if specific conditions are met. More Info →
New Mexico
New Mexico statutes state a consumer reporting agency can only report criminal convictions for 7 years from the date of conviction or release from parole. Arrests and pending cases can only be reported while they are pending. If they do not result in a conviction, they cannot be reported. More Info →
New York
New York human rights law bars employers from asking an applicant about any arrest or charge which did not result in a conviction. More Info →
Wisconsin
Per Wisconsin statutes employers are prohibited from discriminating applicants based on arrest or conviction records, however, certain exceptions exist. More Info →
FCRA Compliance
The Fair Credit Reporting Act (FCRA) is a federal law that regulates the collection of consumers’ credit information and access to their credit reports. It was passed in 1970 to address the fairness, accuracy, and privacy of the personal information contained in the files of the credit reporting agencies (including background checks).
Notice to Users of FCRA Obligations
Notice to Furnishers of FCRA Obligations
FCRA Summary of Consumer Rights
Remedying the Effects of Identity Theft
Court House Search
Credit Reports
You’re entitled to one free copy of your credit report every 12 months from each of the three nationwide credit reporting companies. Use the link below to order yours or contact one of the credit reporting companies today.
Miscellaneous
Disclaimer
Background Checkology has compiled this public information as a convenience. This collected information is not considered legal advice and any specific questions should be directed to your legal counsel. While we have made every effort to ensure information on our site is accurate, we cannot guarantee the accuracy or content of information posted on other sites.
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