Legal and Compliance

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 …

Read More »

New York Civil Cases and the RJI

contractors

State courts often have some quirky procedures, and the New York Supreme Court is no exception. Civil records from the New York Supreme Court typically include a reference to an “RJI” and whether it has been filed. What does “RJI” mean? Definition: RJI is an abbreviation for “Request for Judicial …

Read More »

How to consider sex offender registry records in California (Updated)

For California employers concerned about hiring sex offenders, there are a few important points to keep in mind. An employer has a duty to keep the workplace free of sexual harassment and other forms of discrimination under state law. Under the California Fair Employment and Housing Act (FEHA), an employer …

Read More »

Consent for International Searches

Consent for International Searches

A basic principle of conducting international searches on an individual is that you need a lawful basis for processing personal data. This principle applies to both employment-purpose and commercial background checks. Although the number and type of lawful bases vary from one country to another (especially with the enactment of …

Read More »

Reporting Employment-related Civil Lawsuits

For employment-purpose reports, the federal Fair Credit Reporting Act (FCRA) and its state law counterparts are the laws that most often deal with when determining whether certain information is or isn’t reportable. However, federal laws prohibiting workplace discrimination can also limit what information can be included in these reports. This …

Read More »

Decoding Criminal Case Dispositions – Part II

In the previous piece about decoding criminal case dispositions, we listed the most common dispositions (e.g., guilty, not guilty, dismissal, not prosecuted). Here is a list of less common criminal case dispositions, some of which may be only found in one jurisdiction: Suspended Sentence: This means the court has delayed …

Read More »

Civil Case Dispositions – Dismissals

A dismissal also can take one of two forms: With prejudice – which means the plaintiff is barred from filing a new lawsuit based on the same claim.Without prejudice – which means the plaintiff can still file a new lawsuit based on the same claim, such as when the defendant …

Read More »

Expungement of Criminal Convictions – California Style

Some states allow a defendant convicted of a crime to apply for a court order limiting public access to the conviction record or to restore rights and remove disabilities caused by the conviction. This type of order is commonly referred to as an expungement; however, the qualifications for obtaining an …

Read More »

Decoding Criminal Case Dispositions

A “disposition” is the final outcome of a case, regardless of what it is called. Here is a list of typical criminal case dispositions. Guilty or Conviction: This is the worst possible disposition if you are the defendant. It means that the case was heard and decided against you. With …

Read More »