Georgia Denial of Employment Based on a Pre-Employment Background Check
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How to fill out Denial Of Employment Based On A Pre-Employment Background Check?
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FAQ
What causes a red flag on a background check? There are plenty of reasons a person may not pass a background check, including criminal history, education discrepancies, poor credit history, damaged driving record, false employment history, and a failed drug test.
Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.
How Far Back Do They Check? Generally, background checks look at your credit and employment history for the past 7-10 years.
The Fair Credit Reporting Act (FCRA) has clear guidelines for conducting credit history checks and how far back screening can go. In most cases, screening can go back a maximum of seven years, but there are some exceptions to that rule. For example, previous bankruptcies can be reported up to 10 years back.
You were convicted of a crime relevant to the job's responsibilities. Employers have a legal obligation to keep their workplace safe, but they also can't discriminate based on an applicant's criminal record. In fact, they can only deny you the job if the offense is relevant to the job's core responsibilities.
Several state laws in Georgia govern pre-employment background checks. Under OCGA § 35-3-34(3)(b), employers that obtain criminal history records and decide not to hire them must inform the applicants about the origin of the information, its contents, and how it affected the decision not to hire them.
Results, including the Georgia criminal history record should be available for the agency to retrieve from the GAPS website within 24 to 48 hours after the applicant is fingerprinted and the transaction submitted to GCIC for processing.
The good news: As a job seeker, you have some protections. Employers must receive written permission from you before running a background check, and if anything in the reports leads to the company deciding against hiring you, the employer is required to inform you and provide you with a copy of the report.
Georgia law allows employers to obtain criminal records on applicants from the state's Crime Information Center, with the applicant's fingerprints or written consent.
In general, background checks typically cover seven years of criminal and court records, but can go back further depending on compliance laws and what is being searched.
