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NAACP Urges Passage Of Legislation To Correct FBI Background ChecksMany businesses and employers run a criminal background check through the FBI database on a prospective employee before hiring them. Sadly, in 2006, the US Attorney General told Congress that about 50% of the FBI's records that are used for background checks are incomplete or inaccurate, mostly due to arrests that have not been updated by state and/or local authorities. The FBI conducts nearly six million criminal background checks a year for employment and occupational licensing purposes at the request of the states and federal agencies, such as the Transportation Security Administration (TSA) and the U.S. Census Bureau. Some private employers can also access the FBI's criminal records pursuant to federal laws regulating nursing homes, schools, private security officers and other selected occupations. Despite the increased access to the FBI's rap sheets for employment screening purposes, there have been no meaningful reforms to address the poor quality of the FBI's records. As a result, inaccuracies and delays in tracking down information missing from FBI rap sheets cost workers jobs, cause employers to lose out on qualified employees, and force government agencies to expend untold hours of valuable staff time processing appeals from workers unfairly denied employment due to erroneous or outdated information on their FBI rap sheets. Everyone suffers when background checks do not provide accurate information upon which to base decisions regarding the safety and security of the workforce. While the NAACP recognizes that some employers may require a criminal background check prior to hiring an individual for a particular job, we are concerned that the FBI's system is so seriously flawed with inaccurate records that it does a serious disservice to large numbers of U.S. workers and employers. In order to increase fairness and accuracy, the NAACP strongly supports H.R. 5300, the Fairness & Accuracy in Employment Background Checks Act. H.R. 5300 was introduced by Congressman Robert “Bobby” Scott (VA) on May 13, 2010. H.R. 5300 adopts proven strategies that fix the FBI records before they are released to potential employers. The FBI has a special unit that tracks down incomplete criminal records for federal gun checks required under the 1993 Brady Law. As a result of these investigations, two-thirds of the incomplete state records are updated within three business days. The bill applies this simple, yet proven, approach to employment background checks as well, thus improving the odds that the records will be accurate before they are released to the authorized employers and government agencies. In addition, the bill incorporates several basic consumer protections that already apply to private screening firms under the Fair Credit Reporting Act, thus ensuring that workers are treated fairly and with full knowledge of the facts when they submit to an FBI criminal background check for employment screening purposes. In today's difficult economy, this legislation is more important than ever to help remove false barriers being faced by some workers when they are trying to find or keep a job. Thus, the NAACP strongly supports H.R. 5300 and urges Congress to pass this bill immediately. |
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