The matters of interest for typical background checks are usually credit reports and criminal records. It's considered the most commonplace practice for employers to conduct background checks in order to become better informed on the past histories of prospective hires.
Landlords resort to the same method to weed out would-be troublesome tenants, but the regulations concerning this practice may soon be receiving some widespread changes. So far, New York, Massachusetts, and Hawaii are three states that currently bar both private sector employers and housing proprietors from inquiring about a person's criminal background until that person's qualifications for employment or housing have been otherwise determined.
Although, to many, such legal obstacles to hiring and tenant screening seem rather unreasonable, the mentioned states have put these rules in place to prevent what some refer to as the "blanket discrimination" that ex-convicts experience when seeking jobs or housing. The Los Angeles Times is reporting that joining those three states are possibly the cities of San Francisco and Seattle; a few areas in Wisconsin and Illinois are also considering taking similar actions. The city of Philadelphia already has these restrictions in place. Nevertheless, these laws still allow for job or housing applicants to be rejected if a previous conviction pertains in critical ways to the job or housing sought.
The trend to change existing regulations is not attempting to interrupt the functioning of the already established preemployment screening laws.
San Francisco's Reentry Council and Human Rights Commission have both expressed public support of the antidiscrimination laws; however, that support, even in stereotypically liberal San Francisco, is not widespread.
The San Francisco Apartment Association has been especially vocal in its opposition and it's claiming that the laws being considered would affect housing proprietors unjustly in addition to making them especially vulnerable to lawsuits.
On the other side of the debate, George Gascon, former San Francisco police chief and the city's current district attorney has stated that the proposed changes do not reflect a "soft on crime" stance. Rather, he insists, they are being developed in the interest of public safety. As quoted by the LAT, Gascon says: "If we release people into our communities and don't figure out a way to get them housing and employment, we put them in a situation where the only opportunity they have is often to reoffend."
As of today, nothing has been finalized in San Francisco.
For the folks who need them, conducting a criminal record search on potential hires or tenants is still as legal as it's always been.Sam Walters is a writer living in Los Angeles. Her writing appears in print and online.
Richard A. Manfredi has written about www.instantbackgroundchecks.com . Offers instant background checks, employment screening, criminal record and tenant credit checks.
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