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“While several states mandate data security measures by statute (e.g., Massachusetts, California, Oregon, Maryland, etc.), in late November, the Pennsylvania Supreme Court issued a landmark decision, recognizing for the first time an employer’s affirmative, common law duty to “exercise reasonable care to safeguard their employees’ sensitive personal information by the employer on an internet accessible system.” The Pennsylvania Supreme Court has ruled that employers in the commonwealth have an affirmative duty to safeguard workers’ personal information from data breaches and are not merely barred from purposely mishandling it, in a case involving a Pittsburgh hospital. The court unanimously held that state law imposes a duty of care on employers concerning workers’ data, and they can be sued for negligence stemming from hacking and other breaches. And in a 4-2 split, the court said such negligence claims are viable even if plaintiffs allege solely economic losses rather than physical injury or property damage.” It will be interesting to see if other states follow the Keystone state. It would be the best practice to safeguard employee data.
According to the Equal Employment Opportunity Commission (EEOC), in most cases an employer cannot ask all of its employees about their use of prescription medications because 1) taking those meds do not affect job performance; and 2) testing for those meds is not a “business necessity.” Equal Employment Opportunity Commission (EEOC) states, “An employer may ask a job applicant whether they can perform the job and how they would perform the job. The law allows an employer to condition a job offer on the applicant answering certain medical questions or successfully passing a medical exam, but only if all new employees in the same job have to answer the questions or take the exam. Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee’s request for an accommodation or if the employer has reason to believe an employee would not be able to perform a job successfully or safely because of a medical condition." The law also requires that the employers keep all medical records and information confidential and in separate medical files.
Criminal History, Where the applicant has lived, Motor Vehicle Report, Previous Employer, Education Verification, Sanctions and much more. The specific criteria can be set up based on specific client needs.
In most cases, no. However, if the employer runs previous employment verifications it could show up. Depends on the previous employer’s policy.
A background check or background investigation is the process of looking up and compiling criminal records, commercial records, and financial records of an individual or an organization.
Yes. In most cases, if the clerk has entered the case into the system then it will show and will be reported.
Yes, if the employer ordering the background check requires it. However, in some cases, applicants may opt out if they don’t want their current employer to know they are searching for another job.
No, typically expunged records are removed from the court systems. However, if the courts have not updated their records, then the expunged records may still show. If this an expunged record shows on an applicant’s report, the applicant may open a dispute. In this case, when the record is expunged, then the background report is updated, the court is notified, and the potential employer is sent an updated report.
A background check will only verify the jobs the applicant lists.
Yes, if an arrest was made and the case has been entered into the judicial system.
Not typically. However, if there is a gap in employment history most employers require an explanation for the gap.
Yes, if the warrant has been entered into the system and the county with the outstanding warrant is searched. Most basic National Searches will find pending warrants.
Yes, pending charges appear in a report as soon as the county clerk enters the case into the system.
No, most juvenile records are sealed. Even if the records are revealed the standard is to not report any juvenile cases.
Yes, only if a previous employer is willing to reveal this information. Revealing salary information may be against company policy in many instances.
Yes, if a Motor Vehicle Report is ordered.
Background checks are only required if you purchase a gun through a Federal Firearms Licensee (FFL), which includes retailers (anyone from Walmart to mom and pop shops) and some individuals. You do not need to undergo a background check if you buy a gun online, through a gun show, or through some private sales. If you decide to buy a gun from an FFL, you have to fill out a 4473 Form (also called a Firearms Transaction Record). After you fill out the form, the person selling you a gun will run your information through The National Instant Criminal Background Check System (NICS), which is maintained by the FBI.
Depending on the order, multiple sources are used, this could include County Courts, Federal Courts, Databases, Credit Bureaus, Educational Institutions, Previous Employers, Incarceration Records, FBI Databases and many other sources where public information is housed.
Orders are placed by Employers, Landlords or any others who have a specific permissible purpose (End User). Once the order is placed all the proper disclosures and releases are signed by the actual individual the background is being performed on that give the CRA permission to conduct the searches. Once the documentation is received the appropriate sources are searched and reported back to the end user.
Depends on many factors including the type of searches required, the county the background is being performed, how the data is stored and retrieved. That said most backgrounds take between 24 and 72 hours.
Many employers want to protect their organizations from individuals who pose threats to their company. In order to do this, they look into an individuals history to identify any potential problems that could come from hiring certain individuals. Checking an applicant’s background keeps businesses safe from liability.

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