Employers Who Conduct their Own Public Records Research
10/15/2003 12:00:00 AM
"In House" Public Records Information. "New Laws"

If an employer does their own investigation of an applicant or current employee without using the services of a background-screening provider and collects public records such as criminal records,social security/ "instant checks" or other public records retrieval there are new rules that are in effect. Any (online / data base / oral /written, or other) information must be turned over to the applicant/employee within seven days unless the employer suspects misconduct or wrongdoing in which case supplying the information may be delayed. In addition, an employer who uses this procedure must provide a form to all applicants/employees with a box that, if checked, permits a person to waive the right to receive the copy of any public record.


PUBLIC RECORDS WAIVER (Sample)

I understand that, in connection with my application for employment or during my employment if I am hired, we may obtain information bearing upon my general reputation, personal characteristics or mode of living, including public record information, without using a consumer reporting agency to obtain it. ??ublic record??includes records documenting a conviction, civil judicial action, tax lien or outstanding judgment against me.

___ I waive the right to receive a copy of any public record that UPS may obtain about me.
___ I do not waive the right to receive a copy of any public record that UPS may obtain about me.

Dated: _________ ______________________________
Signature
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