The United States Conference of Mayors Supports the Use of Non-Governmental Entities as an Option for Employment Background Checks
Adopted at the in 2020
WHEREAS, a 2015 Government Accountability Office report highlighted missing information in state records, with 10 states reporting that their databases were 50 percent complete or less, 13 states reporting between 75 percent and 50 percent complete, and only 20 states reporting 76-100 percent complete; and seven states did not have any data available; and
WHEREAS, when a criminal background check is done by a non-governmental entity, that search is protected by the federal Fair Credit Reporting Act (FCRA) and state FCRA laws, requiring reasonable procedures to ensure maximum possible accuracy, and requiring substantial systems to correct any inaccuracies that occur; and
WHEREAS, inaccurate and incomplete background checks disproportionately affect black job seekers because such checks import racial disparities in the criminal justice system into the hiring process,
NOW, THEREFORE, BE IT RESOLVED, that for the purposes of employment and non-law enforcement activities, a comprehensive review of an initial and continuous criminal background check conducted by a non-governmental entity that includes, at a minimum: (i) Social Security number trace; (ii) nationwide criminal search; (iii) county court records search; (iv) Federal criminal search; (v) US Department of Justice 50-state sex offender registry search; and (vi) continuous criminal monitoring, daily monitoring and immediate notification of any disqualifying criminal convictions is deemed by The United States Conference of Mayors to be a sufficient employment screening report for employment purposes.