For employers, navigating the complexities of hiring while staying compliant with federal and state regulations is crucial. One area where guidance is often needed is understanding expunged and sealed records during the hiring process. Hiring decisions require transparency and fairness, balanced against legal requirements that safeguard individuals’ rights to privacy and a fresh start. This post explores key considerations employers should keep in mind about expunged and sealed records to ensure compliance and maintain fair hiring practices.
Legal Overview of Expunged and Sealed Records
Expunged and sealed records are legal mechanisms designed to limit or restrict access to certain criminal records. When a record is expunged or sealed, it is typically removed from public view, reducing its visibility during background checks. Each state applies its own criteria for eligibility and processes, but the overarching principle is to allow individuals with past convictions or arrests to move forward without undue discrimination.
Employers must understand the limitations tied to these records. Under laws such as the Fair Credit Reporting Act (FCRA), adverse hiring decisions based on background checks must follow informed legal procedures. Additionally, California law, and others in states across the U.S., prohibits employers from inquiring about or considering certain sealed or expunged records when making hiring decisions.
Compliance Risks for Employers
Failure to comply with state and federal laws related to expunged and sealed records exposes employers to significant legal risks. For example, employers subject to California’s “ban the box” law cannot ask about an applicant’s criminal history until after making a conditional job offer. Even then, background checks must exclude records prohibited by law, such as those expunged or sealed.
Non-compliance is costly, potentially leading to lawsuits, fines, or reputational damage. To reduce risks, a thorough review of hiring practices is essential. Employers should train HR staff on relevant laws, build structured processes for background screening, and work closely with legal or compliance teams to mitigate liabilities.
Ensuring Fair Hiring Practices
Adopting fair hiring practices promotes equity and reduces legal exposure. Employers can align operations with principles like avoiding discrimination and offering equal opportunities to all qualified candidates. This involves treating individuals with sealed or expunged records as eligible without bias, provided their history does not conflict with the responsibilities of the role or workplace safety obligations.
Furthermore, when communicating with applicants about background checks, transparency is key. Inform candidates about what will be checked and provide an avenue for discussions regarding potential inaccuracies in their background screening. Fair hiring practices build trust and showcase employers’ commitments to diversity and inclusion.
Background Screening Limits
Professional background screening companies play a critical role in delivering reports that comply with legal limits. Many employers outsource this task to ensure accuracy and adherence to applicable restrictions. For example, reports should exclude information on expunged and sealed records unless explicitly permissible by law. Working with FCRA-compliant screening providers ensures that the information considered during hiring is both relevant and lawful.
Employers must also audit their current screening vendors to verify compliance with state and federal guidelines. A compliant and trustworthy partner, like Plexus Global, helps protect businesses from making hiring decisions based on unlawful or outdated information.
State vs. Federal Considerations
Legal requirements related to expunged and sealed records vary not only between states but can also diverge from federal laws. California, for instance, takes a progressive stance on restricting access to expunged records for hiring purposes, offering strong protections to individuals seeking employment. However, industries subject to federal regulations—such as those involving national security, finance, or healthcare—may have broader rights to obtain and consider such records.
Employers operating in multiple states face the added challenge of adhering to varying local regulations. Developing consistent yet flexible policies that address both federal standards and regional laws is a critical aspect of navigating these legal complexities effectively.
Final Thoughts
Understanding how to handle expunged and sealed records is an integral part of modern hiring practices. By creating compliant policies, collaborating with trusted background screening providers, and prioritizing fairness, businesses can safeguard both their legal standing and their reputation as equitable employers.
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