FAQs

Compliance Information

  • What is the Fair Credit Reporting Act (FCRA)?

    The Fair Credit Reporting Act (FCRA), Public Law No. 91-508, was enacted in 1970 to promote accuracy, fairness, and the privacy of personal information assembled by Credit Reporting Agencies (CRAs).CRAs assemble reports on individuals for businesses, including credit card companies, banks, employers, landlords, and others. The FCRA provides important protections for credit reports, consumer investigatory reports, and employment background checks. The FCRA is a complex statute that has been significantly altered since 1970 by Congress and the courts. The Act's primary protection requires that CRAs follow "reasonable procedures" to protect the confidentiality, accuracy, and relevance of credit information. To do so, the FCRA establishes a framework of Fair Information Practices for personal information that include rights of data quality (right to access and correct), data security, use limitations, requirements for data destruction, notice, user participation (consent), and accountability.

    For more detailed information, please read the Fair Credit Reporting Act .

  • What is a Permissible Purpose? Why do I need one?

    Permissible Purpose is your organization’s reason for conducting background checks. In most cases, this is for employment purposes. Under Section 604 of the Fair Credit Reporting Act, there are certain permissible purposes an organization must have before initiating a background screening program. The defined permissible purposes include, but are not limited to:

    • Employment purposes
    • The applicant’s written authorization

  • What is a Disclosure and Authorization form?

    Disclosure and authorization is a required step under the Fair Credit Reporting Act. The Disclosure and Authorization form is the documentation used to obtain the candidate's prior authorization for the background check. Prior authorization is required before initiating a background check on any individual. A sample version of this form is available on our website by clicking here.

  • Where can I get the required FCRA forms for the background check?

    Samples of all FCRA forms are available on our website for your use. Click here to view the sample documents.

  • How long do I need to keep the candidate’s signed authorization form on file?

    The Disclosure and Authorization form should be kept on file for a minimum of 5 years as allowed under the federal statute of limitations for civil filings of non-compliance.

  • Why are there separate regulatory forms for California and New York candidates?

    The states of California, Oklahoma, Connecticut and Minnesota require organization’s to provide the candidates with the opportunity to request a copy of their completed background check. The candidate can initiate this request at the time of their original consent.

    California Requirements
    In addition to this requirement, the state of California has their own “Summary of Rights” document (under California Civil Code 1786.22) that must be provided to the candidate at the time of consent and in those instances where employment is denied based on the results of the background check. Click here for this document.

    New York Requirements
    In New York, companies must provide applicants who are subject to criminal background checks with a copy of the Article 23-A of the Corrections Law titled, "Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses." New York employers must provide a copy of the above document to the applicant:

    • Before a criminal history report is requested from Accurate Background AND
    • If the employer receives a background screening report reflecting a criminal conviction

    This legislation also requires employers to post a copy of Article 23-A of the Corrections Law and related regulations clearly in the workplace.

  • What is the purpose of Pre-Adverse and Adverse Action letters?

    Pre-Adverse and Adverse Action letters give the candidate the opportunity to dispute information provided in their report that they believe is erroneous. These steps were designed to provide candidates protection from mistakes as a result of human error, mistaken identity, outdated information, etc.

  • Do I have to send a copy of the report to the candidate if they request it?

    Yes, the candidate has the right under the FCRA to obtain a free copy of their background screening report at their request. Accurate Background can provide report copies to your candidates upon request.

  • How long are the results of a background check considered relevant?

    Although not required, the federal Fair Credit Reporting Act (FCRA) does state you must use the most current information possible and after 30 days any public records are considered out of date.

    At minimum, Accurate Background recommends running annual background checks to ensure nothing has occurred in the past year since the initial background check was conducted. If you are interested in conducting annual background checks, consult our Customer Service team for additional information regarding the recommended scope of the repeated background check.

  • What documents are required before conducting a background check?

    The candidates must receive the following documents before a check can be conducted.

    • Background Disclosure and Authorization (“D&A”) form
    • Summary of Rights

    For California candidates, the California Summary of Rights must be provided.

    For New York candidates, the Article 23-A of the Corrections Law titled, "Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses" must be provided as well.

  • Are these required documents provided through the Electronic Disclosure & Authorization (E-D&A) process offered by Accurate Background?

    Yes, the E-D&A process provides the required documents to the candidates.

  • Is the Electronic Disclosure & Authorization accepted for employment and education verification purposes?

    Yes, the E-D&A is accepted by 60% to 70% of institutions requiring a release. For those entities that do not accept the E-D&A, a wet-signature release is required.

  • Where can I get the latest Form I-9 Handbook for Employers that the USCIS released?

    Visit this link to get the revised USCIS Handbook for Employers that helps employers better understand the Form I-9 process. - Revised June 1, 2011

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