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Decoding Criminal Case Dispositions

A “disposition” is the final outcome of a case, regardless of what it is called. Here is a list of typical criminal case dispositions. Guilty or Conviction: This is the worst possible disposition if you are the defendant. It means that the case was heard and decided against you. With a conviction, the court will […]

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Reporting Disclosed Criminal Convictions

Job applicants often disclose criminal convictions during the application process. It may seem logical that we can include the disclosed record in our background reports. After all, we are simply verifying what the subject already disclosed, right?  Actually, it’s wrong. The subject’s disclosure of a criminal conviction does not affect our reporting obligations under the federal Fair Credit […]

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Does New York law require notice to the employee in order to have a consumer reporting agency conduct a background check in connection with the employee’s misconduct?

The NY FCRA sets forth notice and authorization requirements for investigative consumer reports as shown in “https://law.justia.com/codes/new-york/2017/gbs/article-25/380-c/” NY Gen Bus L § 380-C. However, this section is silent on the issue of employee misconduct investigations and we found no  language in NY FCRA law that is analogous to the federal FCRA exemption for employee misconduct investigations as […]

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