The disclosure can no longer be buried in an application in the fine print. A signed release is required before checking records such as criminal convictions or pending criminal cases, driving records, credit reports or educational credentials. An additional notice is required when a background firm checks references, such as asking previous employers about job performance. If an employer intends to deny employment based upon information in the report, the job applicant must receive a copy of the report and a notice of legal rights. If an applicant believes the information is wrong, the applicant can inform the screening agency, which must remove or correct inaccurate or unverified information, usually within 30 days.
Applicants have the right to inspect their files.
The law is designed to strike a balance between an employer's need to exercise due diligence in hiring and an applicant's right of accuracy and privacy. For applicants who are genuinely the victims of mistaken identity or bureaucratic errors, there is an opportunity to know what is being said about them and to fix the record so they are not denied opportunities unfairly. For a job applicant, honesty is always the best policy. Negative information honestly disclosed in an interview with an explanation may well have no effect. However, if the employer discovers it through a third party, then the lack of honesty may be the reason for not getting the position.