Georgia Background Checks laws & HR compliance analysis

Georgia Background Checks: What you need to know

There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information. When employers hire a third party to conduct a background check or obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In Georgia, employers must comply with laws concerning criminal background checks and driver's record information.
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Under Georgia law, private individuals and businesses may request criminal history records by submitting the fingerprints of the person whose records are requested or a signed consent form with the person's full name, address, Social Security number, and date of birth to the Georgia Crime Information Center (GCIC). In most cases, the GCIC will not release records of arrests or charges that did not result in a conviction, or sentences for certain first offender crimes or for crimes where the individual was later exonerated or the charges discharged without court adjudication of guilt (GA Stat. Sec. 35-3-34, GA Stat. Sec. 35-3-34.1).
Under Georgia law, if an ...

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