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For companies/business to conduct one is illegal since it would be considered Privacy intrusion, Search and seizure without a warrant, and Double Jeopardy. Double Jeopardy means if a person has comitted a crime once they cannot be held accountable for a crime more than once not even by a court and esp. not by a company. The first problem is that they shouldn't have access to criminal backgrounds which infringes upon double jeopardy. Double Jeopardy not only applies to courts/judges but to anyone else. Than we have privacy intrusion and search without a court odered warrant because even if the person provides consent businesses or companies are not suppose to allowed to ask for such information or be able to obtain such information. Not even those companies that are considered private background info comapnies are suppose to have this information or sell it to anyone. Why is it allowed because most people have not filed suit, sued, against companies that do background checks. Search and seizure without a warrant and double Jeopardy is the Bill of Rights and there are no exceptions. Its not whether about what some judge, senator, majority believes but whether its a violation of the bill of rights. Some people are exluded from these background checks because they are rich or have a status which is unfair and unconsitutional.
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Above is incorrect. In some employment, such as work in a daycare center, selling firearms, or working with explosives, a background check is required by law. In other cases, an employer may conduct a background check with the consent of the person being checked. This does not constitute a search, nor is it double jeopardy. Background checks will reflect crimes for which you were CONVICTED, not simply arrested. If you apply for a job with me as an accountant, I have a right to know that you were convicted of embezzling money in the past. Please note that laws vary place to place, we get questions here from several different nations, and that WikiAnswers may not be the best place to seek legal advice.
To the original poster- Name calling is not permitted on WikiAnswers. I have not called you names, and would appreciate the same courtesy. Your citations on the constitution and Bill of Rights overlooks that those apply to the actions of the government, not a private employer. As stated, some employment REQUIRES a background check, other cases it may be conducted with the consent of the employee.
What else can I help you with?
Is it legal to do a background check on a tutor you are about to hire?
Yes, it is legal to conduct a background check on a tutor you are considering hiring as long as you comply with relevant privacy and data protection laws. It is good practice to inform the tutor that you will be running a background check as part of the hiring process.
Is it legal to do a background check on a potential tenant?
Yes, it is legal to perform a background check on a potential tenant with their consent. However, laws may vary by location, so it is advisable to familiarize yourself with the specific regulations that govern tenant screening in your area.
What age does a background check start?
Background checks can vary based on the specific requirements of the organization. Typically, they may include information from the age of 18 onwards, as this is when individuals are considered legal adults. Some checks may also include juvenile records or information prior to age 18, depending on the nature of the check and legal regulations.
How do you fill out a 10 year background check?
You usually do not need to bill out a 10 year background check. The definition of a background check is that someone else is checking on you. It is impossible for you to report everything on yourself. This is why database systems are used to cull the information the employer is looking for. If you fill out your own check, you could be deceitful.
How many years back does a background check go?
The standard timeframe for a background check is typically 7-10 years for most criminal convictions, but this can vary by state and country. Some background checks may go back further for more serious offenses or specific industries that require a deeper search.
Is it legal to do a background check on a tutor you are about to hire?
Yes, it is legal to conduct a background check on a tutor you are considering hiring as long as you comply with relevant privacy and data protection laws. It is good practice to inform the tutor that you will be running a background check as part of the hiring process.
Is it legal for a misdemenor that you have not been found guilty of to be on your back ground check?
Arrests are very common on a background check.
Is it legal to terminate an employee after four years of service because of a background check?
Actually, it can be legal. If you lied on your application four years ago and it was found out through a background check that is grounds for termination. When you sign an application forms it states that you have told the truth on the form and this is legal and binding.
Is it legal to check your background without your consent?
Yes, provided the background check does not include protected or privileged information, such as medical or legal records or information. Any publicly available information about you can be checked or researched by any person at any time.
Is it legal to do a background check on a potential tenant?
Yes, it is legal to perform a background check on a potential tenant with their consent. However, laws may vary by location, so it is advisable to familiarize yourself with the specific regulations that govern tenant screening in your area.
Why did a felony not show up on a background check?
There are several reasons why a felony might not show up on a background check, including outdated information, clerical errors, sealed or expunged records, incomplete databases, and the level of access the background check provider has to certain records. It is important to verify the accuracy of the background check and consult with legal professionals if needed.
Will a misdemeanor show up in your background check?
Yes, a misdemeanor offense can show up on a background check. Background checks typically include information on criminal history, including misdemeanors, as they are part of a person's overall legal record.
How far in the state of Oklahoma will a criminal background check go?
A criminal background check in Oklahoma typically covers an individual's criminal history within the state and may also include a national background check. This can include information on arrests, convictions, and other legal infractions within Oklahoma and nationwide.
Is it legal for a potential employer to charge you a fee for your background check?
Usually they appoint some agencies and pay them to do the same
Can you find the birthplace of someone with a background check?
Yes, but employers don't bother, birthplace is irrelevant. Legal authority to work in the USA is documentary.Added: Not with the ordinary background check that most people ask about. However, a DEEP background investigation (e.g.: for a high level government security clearance) will reveal this information.
Will pardoned charges show up on a background check?
Pardoned charges should not show up on a standard background check. However, depending on the type of background check being conducted and the laws in the jurisdiction, some pardoned charges might still be visible. It's always best to consult with a legal professional for specific advice.
What information shows up on a criminal background check?
A criminal background check will typically have your name and identification information as well as list any legal violations or crimes you have committed. It will also give the date and place of the incidents and if you were tried and/or convicted.
