Piro Zinna Cifelli Paris & Genitempo, LLC Attorneys at law
Call For A Consultation 973-542-2766
in the section

Spoiler alert: FBI background checks don't tell the whole story 2

Finding a job is not easy. Finding a job if you have a criminal record is even more of a challenge, especially if your criminal record is incomplete. According to a report released recently by the National Employment Law Project, employers consider an FBI background check to be the gold standard, but the FBI's records often fail to tell the whole story. The arrest may be on file, but the dismissal of charges may not be.

Both workers and employers lose when such vital information is misreported or not reported at all, NELP says. Workers lose opportunities, and employers lose qualified workers. And the issue does, in fact, involve discrimination under Title VII of the Civil Rights Act of 1964: A person of color is more likely to have an arrest in his history than his white counterpart.

In 2012, employers tapped into approximately 17 million FBI criminal records, the report's lead author explained. Half of those, he added, are missing information on the final disposition of the case. The report points out, as well, that the FBI has the information and the wherewithal to update the records; it's just not a priority, apparently.

In the end, then, the report warns employers not to judge a candidate by his or her background check. Employers may want to dig a little further on their own or may want to work with the candidate directly to resolve any questions.

Business, especially small businesses, may also want to consult with an experienced employment law attorney for guidance.

Source: Business Insurance, "Worker advocacy group claims FBI criminal background checks are flawed," Judy Greenwald, July 30, 2013

No Comments

Leave a comment
Comment Information
  • Best lawyers* | Best Law Firms | U.S. News
  • New Jersey Supreme Court Certified Attorney
  • AV | AV* Preeminent TM | Martindale-Hubbell* | Lawyer Ratings
  • Super Lawyers
  • Super Lawyers | Rising Stars

*See methodology for inclusion at the websites listed: Best Lawyers® Best Law Firm News, Martindale-Hubbell and Super Lawyers. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Email Us For A Response

Make The Smart Choice: Contact Us Today.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Don't Take Chances Choosing A Lawyer.
Call Our Trusted Team Today: 973-542-2766.

Centrally Located

Our Essex County office is situated conveniently close to the courts of the seven northernmost counties of New Jersey.

Our Office

360 Passaic Avenue
Nutley, NJ 07110

Phone: 973-542-2766
Fax: 973-661-5157
Nutley Law Office Map