California Apartment Association

Employment: Use of Criminal Background Checks and Consumer Credit Reports

As information regarding criminal background becomes readily available on the internet, more employers are using criminal background checks as part of their screening process for prospective employees.  Criminal background checks raise a number of important legal issues: (1) the right to privacy on the part of an existing and a prospective employee, (2) the implication of credit reporting and employment discrimination laws, and (3) other questions about the role of private employers, as ex-offenders who have “done the time” attempt to rejoin society.   While legal cases addressing this issue date back to the 1970’s, the availability of records on the internet and the significant increase in the last 20 years of the number of working-age Americans who have been incarcerated have brought the issue to the forefront.