Background Screening Legislative Information

The laws applicable to the use of personal information for screening purposes (whether for employment or tenant screening) are constantly changing. Listed below is the latest in legislative action in the background screening industry.

Current Legislation

Topic	Subtopic	Bill #	Bill Summary	State
Employment	Permissible Use Of Credit Information By Employers	SB3	The bill creates the "Employment Opportunity Act", which specifies the purposes for which consumer credit information (i.e., consumer credit reports and credit scores) can be used by an employer or potential employer (jointly referred to as "employer").	CO
Employment	Employment Practices	HB303	Prohibits use of job applicant's personal credit history as hiring criterion; provides exception.	FL
Employment	Prohibits personal credit history	SB102	Prohibiting the use of a job applicants personal credit history as a hiring criterion; providing an exception, etc.	FL
Employment	Prohibits Employers from Using Credit	SB1356	Prohibiting an employer from using a job applicants credit report or credit history to make certain hiring, compensation, or other employment decisions; providing specific situations where an employer may use such information; providing exemptions for certain types of employers; providing remedies for aggrieved persons; providing for attorney fees and court costs; providing for a plaintiff to post a bond in certain situations, etc.	FL
Employment	Prohibits Employers from Requesting Credit Reports	SB42	A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, so as to prohibit employers from requesting credit reports on employees or prospective employees with certain exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.	GA
Employment	Use of credit reports for employment purposes.	SB261	Prohibits an employer from using a credit report in the process of hiring a prospective employee or in determining whether to continue the employment of an employee. Provides that an employee or prospective employee may bring a civil action against an employer for violating this prohibition.	GA
Employment	Limits the use of Credit in Hiring Decisions	HB1240	Prohibits an employer from using a job applicant's personal credit history as a hiring criteria except where the credit history is shown to be directly related to the position sought by the applicant	MO
Employment	Prohibits practice of requiring credit check as condition of employment.	A704	Prohibits practice of requiring credit check as condition of employment.Concerning employer discrimination and supplementing Title 34 of the Revised Statutes.	NJ
Employment	Prohibits job discrimination on basis of credit history or financial status.	A4418	Prohibits job discrimination on basis of credit history or financial status.	NJ
Employment	Concerning employment discrimination and supplementing Title 34 of the Revised Statutes.	S455	Prohibits employers from obtaining, requiring, or discriminating on the basis of credit reports.	NJ
Employment	Labor; creating the Employer Credit Privacy Act;	HJR2860	Labor; creating the Employer Credit Privacy Act;	OK
Employment	Concerning employer discrimination and supplementing Title 34 of the Revised Statutes.	S1102	Prohibits practice of requiring credit check as condition of employment.	NJ
Employment	Bill limits use of credit history and report in employment	HB780	A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, so as to provide that it shall be unlawful for an employer to fail or refuse to hire, bar, discharge from employment, or otherwise discriminate against an individual because of the individual's credit history or credit report; to provide for exceptions; to provide a penalty; to repeal conflicting laws; and for other purposes.	GA
Employment	Makes it an improper employment practice for an employer to refuse to hire or to discharge, reduce compensation, or modify any condition of a person's employment based on his or her credit score or history	HB1555	Makes it an improper employment practice for an employer to refuse to hire or to discharge, reduce compensation, or modify any condition of a person's employment based on his or her credit score or history	MO
Public Records	Access to Criminal History Information of Minors	SB1536	Prohibiting the Department of Law Enforcement from providing, for a fee, the criminal history information of a minor to persons in the private sector or noncriminal justice agencies unless the minor has been convicted of at least one felony or three or more delinquent acts punishable as misdemeanors, etc.	FL
Public Records	Clarifying restrictions on the use of the public records	HB2340	Clarifying restrictions on the use of the public records act for the purpose of obtaining records for commercial or profit-making purposes.	WA
Public Records	Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding licensures and employment of persons previously convicted of one or more criminal offenses.	A5357	Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding licensures and employment of persons previously convicted of one or more criminal offenses.	NY
Public Records	Criminal Justice Information System - Prohibited Dissemination	HB235	Prohibiting the dissemination of criminal history record information to a person other than a criminal justice unit if the information relates to a charge or conviction for a nonviolent crime that was allegedly committed more than 10 years previously, with a specified exception; and providing that this prohibition may not be abrogated by waiver or consent.	MD
Public Records	Authorizes court clerks to petition for destruction of records in certain criminal cases that have been finally disposed of for at least 10 years.	HB3185	As introduced, authorizes court clerks to petition for destruction of records in certain criminal cases that have been finally disposed of for at least 10 years. - Amends TCA Title 40, Chapter 32, Part 1.	TN
Expungement	Allows petitions for expungement of certain criminal records	SB559	Allows petitions for expungement of certain criminal records	MO
Expungement	Concerning automatic expungement of criminal records and revising various sections of the statutory law.	S1053	Provides for automatic expungement of criminal records under certain circumstances and reduces waiting period.	NJ
Ban the Box	Limits consideration of conviction record prior to interview	SB309	AN ACT to create 111.335 (1) (am) of the statutes; relating to: prohibiting consideration of the conviction record of an applicant for employment before the applicant has been selected for an interview.	WI
Ban the Box	Ban the Box	AB436	An Act to create 111.335 (1) (am) of the statutes; relating to: prohibiting consideration of the conviction record of an applicant for employment before the applicant has been selected for an interview. (FE)	WI
Ban the Box	Limits use of credit report for employment decisions; Ban the Box; Landlord Restrictions	SB286	AN ACT pertaining to the use of credit history; enacting the fair use of credit history act; amending K.S.A. 50-703 and repealing the existing section.	KS
Ban the Box	Concerning post-conviction job applicants and supplementing P.L.1945, c.169 (C.10:5-12).	S1054	Prohibits employers from requiring applicants to disclose prior criminal convictions.	NJ
Use of Background Screening	School employees; allowing school districts to set a policy and choose the type of background check to conduct prior to hiring a prospective employee	SB1566	An Act relating to school employment; amending 70 O.S. 2011, Section 5-142, which relates to criminal records checks; providing exception for requirement to conduct certain record checks; providing certain definitions; allowing school district policy to include certain record checks by private vendors; modifying requirements for substitute teachers and certain school employees; allowing school boards to choose type of record check to be performed; allowing for production of certain record in lieu of a new record check; providing an effective date; and declaring an emergency.	OK
Use of Background Screening	Criminal Background Checks; Employees	SB1471	Amending title 44, Arizona Revised Statutes, by adding chapter 35; relating to business employees.	AZ
Misc.	Private Investigation Board, established, members, terms, powers, vacancies, private investigators, licensure and regulation, subject to Administrative Procedure Act, civil and criminal penalties, Private Investigators Licensing and Regulatory Act	HB80	Currently, the practice of private investigation is not regulated or licensed by the state. This bill would regulate and license the practice of private investigation by private investigators. This bill would define terms; create the Alabama Private Investigation Board and provide for its membership, meetings, officers, powers, and duties; and would prohibit persons acting as a private investigator without a license, subject to criminal punishment as a Class A misdemeanor.	AL
Misc.	Revise certain record search fees charged by clerks of court.	HB1058	Revise certain record search fees charged by clerks of court.	SD
Misc.	Concerning the sealing of juvenile records.	HB2541	This bill would automatically seal criminal conviction data for juveniles 30 days after their 18th B-day. (Sen. Nick Harper & Rep. Jeannie Darneille)	WA
Misc.	Making juvenile records confidential.	SB6292	The bill would make criminal activity committed by a juvenile confidential unless it involved a violent offense, multiple charges, or public policy. (Sen. Nick Harper)	WA
Misc.	Concerning the privacy of nonconviction records.	SB5019	The bill would seal nonconviction data from dissemination, including: vacated convictions, S&C, lack of probable cause, etc. (anything but a conviction). (Sen. Debbie Regala)	WA
Misc.	Regarding inspection and copying of any public record.	SB6351	The bill would prevent us from getting public records if the agency said that it would be a hardship to produce. They can file an injunction and refuse to produce them. Currently only criminals face this issue in getting records. (Sen. Margarita Prentice & Rep. Deb Eddy)	WA
Tenant	Limits use of credit report for employment decisions; Ban the Box; Landlord Restrictions	SB286	AN ACT pertaining to the use of credit history; enacting the fair use of credit history act; amending K.S.A. 50-703 and repealing the existing section.	KS
Tenant	Concerning the fair tenant screening act	SB6315	AN ACT Relating to the fair tenant screening act; amending RCW 59.18.030, 59.18.257, and 19.182.110; and creating a new section.	WA
Tenant	Concerning the fair tenant screening act.	HB2642	The bill would require landlords to accept portable screening reports that tenants have purchased (within 30 days) and would allow tenants to take their report around to prospective landlords; thereby saving the multiple screening fees paid. Also, landlords are required to notify prospective tenants of the name and criteria of the screening service they use. (Sen. Dave Frockt & Rep. Derek Stanford)	WA
Tenant	Concerning the use of certain unlawful detainer and protection order records to protect housing opportunities.	SB6321	The bill would seal court records on unlawful detainers that were not prosecuted to conclusion as well as DV protection orders, and civil judgments. (Sen. Jeanne Kohl-Welles & Rep. Timm Ormsby)	WA
Employment	Prohibits the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions.	B1938	Prohibits the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions.	Washington DC
Employment	Use of credit reports for employment purposes.	SB261	Prohibits an employer from using a credit report in the process of hiring a prospective employee or in determining whether to continue the employment of an employee. Provides that an employee or prospective employee may bring a civil action against an employer for violating this prohibition.	IN
Employment	Enacts the Fair Use of Credit History Act.	SB286	limits Use of credit report for employment decisions.	KS
Employment	Relative to discrimination in hiring due to credit reports.	HB3518	Provides that for an employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions or privileges of employment of any individual because of the individual’s credit history or credit report, unless the information in the individual’s credit history or credit report directly relates to a bona fide occupational qualification. A bona fide occupational requirement requires at least one of the following: (i) state or federal law requires bonding or other security covering an individual holding the position; (ii) the duties of the position include custody of or unsupervised access to cash or marketable assets valued at $2,500 or more; (iii) the duties of the position include signatory power over business assets of $100 or more per transaction; (iv) the position is a managerial position which involves setting the direction or control of the business; (v) the position involves access to personal or confidential information, financial information, trade secrets, or commonwealth or national security information; (vi) the position meets criteria in administrative rules, if any, that the federal Department of Labor has promulgated to establish the circumstances in which a credit history is a bona fide occupational requirement; (vii) the position meets criteria in regulations promulgated by the executive office of labor and workforce development to establish the circumstances in which a credit history is a bona fide occupational requirement; (viii) the employee's or applicant's credit history is otherwise required by or exempt under federal law or any general or special law.	MA
Employment	Prohibits the use of credit history in the hiring process.	HB4363	Labor; fair employment practices; use of credit history in the hiring process; prohibit. Creates new act.	MI
Employment	Modifies reliance on credit or criminal history for employment requirements	SF1122	none	MN
Employment	Prohibits discrimination based upon an individual's credit history or credit report as prescribed.	LB113	no summary	NE
Employment	Adopts the Employee Credit Privacy Act.	LB530	No Summary.	NE
Employment	Prohibits the use of job applicant's personal credit history as hiring criteria, unless a reasonable nexus exists.	A4052	No summary available.	NY
Employment	Companion Bill to SB 1519 - Restricting use of credit	AB6672	No summary available.	NY
Employment	Restricts use of credit in employment decisions.	SB1519	Prohibits the use of an employee's or prospective employee's consumer credit report in making employment decisions, except in certain job related instances.	NY
Employment	Prohibits the use of credit information in hiring and employment determinations.	AB8070	Bill Summary: Enacts the "credit privacy in employment act" to prohibit the use of credit information in hiring and employment determinations.	NY
Employment	Prohibits the use of consumer reports for employment.	HB131	To amend section 4113.99 and to enact section 4113.73 of the Revised Code to prohibit employers from using a consumer report or investigative consumer report for employment purposes.	OH
Employment	Restricts use of credit in employment	SB30	To amend sections 4112.02, 4112.05, 4112.08, and 4112.14 of the Revised Code to specify that discrimination by an employer against any person because of the person's credit history is an unlawful discriminatory practice under the Ohio Civil Rights Law.	OH
Employment	Restricts the use of consumer reports in employment	SB128	An Act prohibiting employers from using consumer reports under certain circumstances; and providing for enforcement.	PA
Employment	Concerning unlawful employment discrimination and amending P.L.1945, c.169.	A2360	Prohibits job discrimination on basis of credit history or financial status.	NJ
Employment	Limits use of credit in employment	H3518	Relative to discrimination in hiring due to credit reports. The Judiciary.	MA
Criminal	Prohibits public and private employers from inquiring into a prospective employee's criminal background on an initial application for employment.
HB3251
As introduced, prohibits public and private employers from inquiring into a prospective employee's criminal background on an initial application for employment. - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 13; Title 47; Title 49; Title 50 and Title 71.	TN
Criminal	An Act Relating To Criminal History Record Inquiries By An Employer	H717	Prohibits requiring the disclosure of criminal history record information on an initial employment application; requires that an employer may inquire as to an applicant's criminal history record during an interview or thereafter	VT
Criminal	Prohibits employers from requiring job applicants to disclose criminal record on employment application.	Bill #: S2300	No Summary.	NJ
Criminal	State Personnel - Applicants for Employment - Criminal History Records Checks	SB671	Prohibiting specified appointing authorities in the Judicial, Executive, and Legislative branches of State government from inquiring into the criminal record or criminal history of an applicant for employment until the applicant has been provided an opportunity for an interview; providing that the Act does not prohibit specified appointing authorities from notifying an applicant for employment of specified information; etc.	MD
Criminal	State government; authorizing contracts with third-party vendor to conduct background checks; effective date.	HB2330	State government; authorizing contracts with third-party vendor to conduct background checks; effective date.	OK
Criminal	Regarding employment and criminal background checks for the Dept. of Forestry & Fire Protection	AB666	An act relating to public lands, and declaring the urgency thereof, to take effect immediately.	CA

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