Minnesota Petty Misdemeanors and How to Report Them

Minnesota

Although nearly all state laws include criminal offense levels divided into two types – felonies and misdemeanors – there are many states with offense levels peculiar to their state law. One such peculiarity is Minnesota’s petty misdemeanor offense level. In Minnesota, a petty misdemeanor is the lowest level of offense. …

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Reporting Criminal Convictions, the FCRA, and State Laws

Under the Fair Credit Reporting Act (FCRA), criminal convictions can appear in a background report regardless of when they occurred. It does not matter how old the conviction is. However, some states have passed their own legislation similar to the FCRA that does place restrictions on reporting criminal convictions. Which …

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Workplace Investigations and the FCRA

Before a background check can be conducted on an applicant or employee, the FCRA requires that an employer (our client) provide a written disclosure form and obtain a signed authorization from the applicant or employee. While these requirements will apply to nearly all background checks, there are two situations in …

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CFPB’s Advisory Opinion on Name-Only Matching for Consumer Reporting

On July 12, 2022, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion related to the Fair Credit Reporting Act (FCRA) that included a warning to consumer reporting agencies not to use name-only matching procedures for information provided in a consumer report. The CFPB’s position is that name-only matching …

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State and Federal Court Searches: Removal vs. Remand

State and Federal Court Searches: Removal vs. Remand

The U.S. has a dual court system — state courts and federal courts. State courts are established by state law and have broad jurisdiction, which means they handle many types of cases. Federal courts are established under the U.S. Constitution and have a limited jurisdiction, typically limited to cases involving …

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Company Legal Name v. DBA

Establishing Your Brand

Every business has a “legal” or “true name.” When researching a company, it is important to identify its legal name. In the case of a corporation or limited liability company, the legal name is the one on its formation document — e.g., the articles of incorporation or articles of organization. …

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District of Columbia: Limitations on Reporting Negative Information in Background Checks Used for Employment Purposes

Although several states have laws analogous to the federal Fair Credit Reporting Act (FCRA), the District of Columbia does not. As a rule, the District of Columbia follows the federal FCRA regarding the limitations on reporting negative information in background check reports used for employment purposes. However, there are three …

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