Bankruptcy and Employment Law
Information that shows up on a criminal background check is regulated by state and federal law. Legally, only certain information is supposed to appear on criminal background checks.
Now that so many databases are linked together, information that used to be requested separately can show up on any background check. The good news is that according to federal law, employers may not discriminate against anyone who has filed bankruptcy. This means that prospective employers cannot refuse to hire someone or fire a current employee because they filed bankruptcy.
Discuss the Background Check with the Employer
If you have any questions about what information an employer is looking for on a background check, it is best to ask when completing the application. You can take advantage of this opportunity to discuss anything negative that might appear on your criminal background check.
It is to your advantage to be straightforward with the employer about any blemishes on your record, including bankruptcy. Doing so shows that you are taking responsibility for your actions. You can tell the employer how you will avoid repeating the behavior in the future.
Information on Criminal Background Checks
Court related information that appears on criminal background checks includes felonies, misdemeanors, arrests, warrants, tax liens, judgments and bankruptcies.
Personal information includes age, date of birth, aliases, maiden names, property owned, marriages, divorces and driver’s license information.
Even contact information for your neighbors and family can appear on a criminal background check. Those conducting background checks can contact your neighbors and family members and ask questions about you. Of course your neighbors and family members are not obligated to answer. Your address information and phone records can go back as far as twenty years.
Why Do Criminal Background Checks?
Employers have been sued for hiring criminals that covered up their past when the employer did not perform criminal background checks. These offenders went on to cause harm to the employer, fellow employees or customers. For example, what happens if a child care facility fails to do a background check and accidentally hires a child molester? What if this child molester goes on to harm a child in his or her care? The employer will probably be sued by the family. These court costs are expensive for the employer to bear. It makes financial and legal sense for employers to carefully screen potential employees.