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Experienced Background Check Lawyers

Crosner Legal has significant experience representing employees, tenants, and other consumers who rights have been violated by unlawful credit and background checks. It is very common that upon submitting an job application, employees are required to undergo a background check. For tenants, it is common that landlords require tenant screenings which check for credit and other character information such as whether you have filed a bankruptcy or ever been evicted in the past. Credit checks and character/criminal background checks are also common with a lot of purchases, such as leasing or financing a vehicle or even financing a dental procedure.  […]


What are the information and documents required or retrieved by background searches?

Information present in background checks can vary in regards to accuracy. There are many cheap consumer services today that yield inaccurate results. Accuracy is, therefore determined by the resource used to come up with the information. As mentioned above, background check errors can also occur because of inaccurate legal reports filed in courts or because of normal court delays. To improve accuracy, you can run your own background check to see if the information you gather is accurate. Identity & Social Security verification  Anyone who is eligible to work in America must have a social security number. Job applicants are […]


What is a level 2 background check?

The FDLE (Florida Department of Law Enforcement) defines a level 2 background check as a fingerprint-based background check that applies to employees holding positions of trust or responsibility. A level 2 check is more in-depth and includes fingerprint-based searches spanning national FBI, the FDLE and county criminal records via local courts and law enforcement agencies. [1]  Requirements for a level 2 background check  State level 2 checks require a name request and a fingerprint card. National Level 2 checks have the following requirements;  Fingerprints of the individual being searched. The individual being searched must also agree to the terms and […]


How will I know if I passed my background check?

Under FCRA rules, employers are legally obligated to follow some steps before disqualifying a person from a job opportunity because of information acquired from background checks. First and foremost, employers must let unsuccessful applicants know they haven’t passed their background check by issuing a formal letter (pre-adverse action letter). They also need to surrender a copy of the background check report and a copy of an applicant’s rights. If the employer is based in California, they must issue a state statement of consumer rights.  You have 3 to 5 business days to dispute and/or resolve negative information contained in your […]


How do background checks work?

Employers want to hire the least-risky candidates i.e., candidates with favorable criminal, civil, and credit histories. Employers go as far as checking the social media accounts of prospective employees just to see if they can find evidence that suggests they aren’t good employees. Some may conduct background checks internally or hire companies to conduct the checks on their behalf. Most of these companies take background checks, further uncovering information unlawfully.  Background checks are supposed to be conducted lawfully in accordance with FCRA guidelines. As mentioned above, background checks must be authorized by the subject. They should also withhold information such […]


What does an employer look for in a background check?

Knowing what employers look for precisely in pre-employment background checks is important for preparing for job application. Most employers look for: Criminal history Inconsistencies in job applications and resumes  Credit history  Driving records  Civil history  Criminal history  Employers are particularly interested in your criminal record before they offer you a job. In fact, criminal background checks are the cornerstone of most employment-related background checks. Employers want to know if potential employees have any “skeletons” in their closet. Most employers are concerned about violent offenses, sex crimes, embezzlement, or fraud. They want to know if you have been convicted for crimes […]


How far back do background checks go?

The FCRA dictates how far background checks go. Employers, among other institutions that carry out background checks for purposes of pre-employment screening must follow strict rules. Some of the FCRA limits placed on background reports include: Tax liens, accounts in collection, civil suits and judgments can’t be reported if they are 7 or more years old  Bankruptcies that are 10 years or more can’t be reported  Expunged felonies/criminal cases can’t be reported/revealed unless by court order.  How far back does a criminal background check go?  Criminal background checks aren’t restricted by a federal act. For this reason, criminal convictions that […]


What shows up on a background check?

The information found in a background check is dependent on the type of background check in question. Each background check uncovers different types of personal background information. Since information uncovered in background checks is very sensitive, it is subject to privacy protection regulations. Background check information falls under the FCRA (Fair Credit Reporting Act) with requirements on how such information is handled by employers specified by the EEOC. [1] Retention and sharing of background information is also subject to some additional local and state guidelines.  What shows up in criminal background checks?  Almost all background checks will investigate an individual’s […]


What is a background check?

A background check is a process of searching and compiling the employment history, commercial records, criminal records, and/or financial records of a person or organization. The legitimacy, frequency, and  purpose of background checks vary between, industries, countries, and individuals. The method used to conduct a background check can also vary. For instance, a background check can involve personal references to comprehensive database searches. Also, there are several types of background checks.  The most common types – employee background checks are usually requested by employers for employment screening purposes, especially on job candidates seeking employment positions that demand a high level […]


How Long Does a Background Check Take?

There is no single or distinct answer to the above question given there are different types of background checks. Furthermore, the same kind of background check can take different times to complete because of various factors ranging from the type of information being sought after to technicalities, such as wrong names and legal requirements. In general, checks on an individual’s criminal record can take a few hours to several days. The time varies depending on the legal procedures as well as the number of results. A typical background check on a person’s employment and educational history can take several days […]


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