National Background Check Changes for 2022

TEAM Background has carefully crafted each of our background check screening packages to be compliant with the laws and regulations impacting your industry. We are familiar with changes impacting the background screening industry and able to support our clients in ensuring they continue to hire quality employees while maintaining compliance. A handful of updated or new background check regulations have recently gone into effect. At TEAM, we want to inform and educate on matters that could impact your business.

The Fair Chance Act

The Fair Chance to Compete for Jobs Act (ie, Fair Chance Act) was signed into law in 2019 and officially went into effect last month. This law constrains information found in background checks for some federal agencies and contractors. Specifically, some contractors may see new prohibitions while inquiring into applicants’ backgrounds. This has quite an impact on the hiring process nationwide.

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These types of Fair Chance laws are enacted to ensure fairer decision-making hiring processes. This isn’t to say that background checks are unnecessary these days. In fact, quite the opposite. Employers are still legally allowed to run background checks after making a conditional employment offer. There are also some employment positions where criminal history must be disclosed by law.

In fact, nearly 75% of U.S. states and over 150 municipalities actively enforce “ban the box” type laws and regulations. “Ban the box” refers to policies aimed at preventing potential hires with some criminal history from being discriminated against. Newer regulations provide a fairer chance in hiring practices, removing some hurdles that may stem from background checks.

Sex Offender Registration and Notification Act

The Department of Justice published new minimum national standards for sex offender registration at the end of 2021. The Sex Offender Registration and Notification Act (SORNA) is a program for public safety. SORNA provides important information for registered sex offenders in our work and home communities.

This new rule by the DOJ went into effect January 7, 2022. Offenders must provide their name (including aliases), date of birth and Social Security Number, among others. This information must be provided at the time of registration and kept up to date. This heightens secure checks due to some offenders potentially providing false date of birth or SSN information.

What does this mean for your hiring team? SORNA establishes national standards for sex offender registration. This means that offenders are more regularly kept up to date in national, state and local systems. Data will be easier to capture and will be better updated for safety purposes.

TEAM Background Check Support Services

TEAM Background’s intuitive solutions make ordering background checks hassle-free – no matter what new laws or regulations may come up. Our process is done in seconds. Our in-house fulfillment team gives you, the employer, more time to focus on making great hiring decisions.

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Through a commitment to efficiency, quality and expertise, TEAM can build and help manage the employee screening program to best fit your needs today. Get started with TEAM Background and contact us today!

TEAM Professional Services, Inc. and TEAM Background, LLC are members of the Professional Background Screening Association (PBSA®).