South Carolina Consent to Credit History Background and Reference Check

State:
Multi-State
Control #:
US-853LT
Format:
Word; 
Rich Text
Instant download

Description

This is a consent form to be signed by Tenant or Employee, permitting a credit history, background and reference check to be performed by the Landlord or Employer.


A criminal history background information check is the review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the state Department of Public Safety, or any other repository of criminal history records, involving a pending arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information, conviction record information, fingerprint cards, correctional induction and release information, identifiable descriptions and notations of convictions; provided, however, dissemination of such information is not forbidden by order of any court of competent jurisdiction or by federal law. Criminal history background information generally does not include any analytical records or investigative reports that contain criminal intelligence information or criminal investigation information.

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FAQ

Thus, the FCRA is not limited to credit reportingit extends to criminal and civil records, civil lawsuits, reference checks and other information obtained by a consumer reporting agency. The FCRA allows job applicants to sue employers who fail to comply with any requirement imposed by the law.

In addition to the basics (name, address, previous addresses, and social security number), a credit check also includes information such as outstanding debtsmortgages, medical debt, or student loans, for example. The report also includes bankruptcies, credit limits, tax liens, and more.

Thanks to the Fair Credit Reporting Act (FCRA), employers can't go checking your credit history behind your back. They must have written consent before pulling an applicant's credit history.

How many years back will a Background Check go? The Fair Credit Reporting Act (FCRA) which governs background checks nationally only allows for a review of the past 7 years.

The Fair Credit Reporting Act (FCRA) has a strict limit on who can check your credit and under what circumstance. The law regulates credit reporting and ensures that only business entities with a specific, legitimate purpose, and not members of the general public, can check your credit without written permission.

The short answer is no, your credit score doesn't usually show up on a standard background check though sometimes landlords may submit a request for a credit score separately. (You'll have to give your written permission for them to do so.)

What are your legal rights as a job applicant? Thanks to the Fair Credit Reporting Act (FCRA), employers can't go checking your credit history behind your back. They must have written consent before pulling an applicant's credit history.

Note: Prior to 1998 this provision also restricted the reporting of criminal convictions, however that restriction was eliminated in 1998 retroactive to 1996, and the FCRA currently allows convictions to be reported without limitation. Other adverse information can be reported for only 7 years.

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.

Or are credit history background checks a separate tool? There is a simple answer to these questions: a criminal background check will never include any information about a person's credit history.

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South Carolina Consent to Credit History Background and Reference Check