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    background's Avatar
    background Posts: 24, Reputation: 2
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    #21

    Feb 3, 2009, 03:34 PM
    Arrest record information is public record, in California and other states employers cannot seek from any source the arrest record of a potential employee.But, if the arrest resulted in a conviction, or if the applicant us out on bond, but pending trial, that information can be used. (California Labor Code §432.7). The federal Fair Credit Reporting Act sets national standards for employment screening.Under the fcra a background check report is called a consumer report.so for the person that said the fcra has nothing to do with it.they check to make sure criminal records bankruptcies and other things are regulated in accordiance with the law.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #22

    Feb 4, 2009, 09:10 AM
    Quote Originally Posted by background View Post
    arrest record information is public record, in California and other states employers cannot seek from any source the arrest record of a potential employee.But, if the arrest resulted in a conviction, or if the applicant us out on bond, but pending trial, that information can be used. (California Labor Code §432.7). The federal Fair Credit Reporting Act sets national standards for employment screening.Under the fcra a background check report is called a consumer report.so for the person that said the fcra has nothing to do with it.they check to make sure criminal records bankruptcies and other things are regulated in accordiance with the law.



    For future reference - don't send me any more ranting, offensive PM's. If you don't have the intestinal fortitude to post "it" on the Board, don't say it.
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
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    #23

    Feb 4, 2009, 09:18 AM

    Your arrest is a matter of fact. Whether it was warranted and you are found guilty is still yet to be determined.

    It is going to depend on how deep the background check goes on whether it shows up or not.

    This kind of thing falls under a "moral turpitude" clause in some fields like real estate where you are dealing with lots of money.

    Were you asked of any arrests/convictions when applying?
    background's Avatar
    background Posts: 24, Reputation: 2
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    #24

    Feb 4, 2009, 09:52 AM

    I have no ability to block anyone so not only are you an idiot, you are also misinformed.

    And your help was worth what people paid for it - nothing.

    Where did you get your law degree? I got mine in Syracuse.

    Bye-bye!is what you sent me.I did no ranting.you are a lonely lonely person and make this site a communist site. Because you think you run it, things should be your way and that is the law.for one thing a question I asked you turned into an argument, and read the rules judykaytee, not allowed, thought someone in law could read, get a life and quit tryng to hijack every thread.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #25

    Feb 4, 2009, 09:53 AM
    Quote Originally Posted by background View Post
    judaykay.im asking a question here, not trying to answer one. I can find that information though for you
    But you have been given answers to your question and have then disputed those answers. So it is valid to question the source of your dispute.

    Quote Originally Posted by background View Post
    arrest record information is public record, in California and other states employers cannot seek from any source the arrest record of a potential employee.But, if the arrest resulted in a conviction, or if the applicant us out on bond, but pending trial, that information can be used. (California Labor Code §432.7). The federal Fair Credit Reporting Act sets national standards for employment screening.Under the fcra a background check report is called a consumer report.so for the person that said the fcra has nothing to do with it.they check to make sure criminal records bankruptcies and other things are regulated in accordiance with the law.
    A consumer credit report is NOT the same as a background check. A consumer credit report, will show only entries relating to the use of credit. I also question where in the FCRA that it sets standards for employment screening.
    background's Avatar
    background Posts: 24, Reputation: 2
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    #26

    Feb 4, 2009, 09:59 AM
    Scott.I got this info off the fcra homepage. That was not my original question.. Users of the information for credit, insurance, or employment purposes (including background checks) have the following responsibilities under the FCRA:

    1. They must notify the consumer when an adverse action is taken on the basis of such reports.
    2. Users must identify the company that provided the report, so that the accuracy and completeness of the report may be verified or contested by the consumer.
    I do know what I'm talking about
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #27

    Feb 4, 2009, 10:23 AM

    Scott, he can't tell the difference between credit reporting and a background check so you're wasting your time - unfortunately. People who don't want to listen aren't going to.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #28

    Feb 4, 2009, 10:25 AM

    Please link to where on that site you are pulling this information.

    I'm not saying that employers don't use credit reports as part of an employment check. What I said is that such reports only contain information relating to credit transactions, not criminal issues. Only certain types of jobs warrant credit checks as part of a background check.
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
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    #29

    Feb 4, 2009, 10:57 AM

    background: You signed a release when you applied if they were planning to run a check. What exactly did you sign?

    When I worked for a worldwide credit card issuer they ran a credit check. Individuals who had bad credit were considered risks and not eligible for the position.

    When I worked for the TSA they did a criminal background check as well as a credit check.

    My husband has top secret clearance and people called his high school teachers, family, co-workers and commanding officers as well as a criminal and credit check.

    In all these cases a signature is needed to perform the check.

    It is going to depend on what kind of job you are talking about and how much they need to know about you.

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