• Text Size
• Print
• Email

  From:
  

  To:
  

  Hey! Check out this news page: https://www.thebackgroundinvestigator.com/Articles/Continuous-Monitoring-Beyond-the-Snapshot-Compliance/3155/index.php.

  SendCancel

Top Stories

Continuous Monitoring: Beyond the "Snapshot" Compliance

December 23, 2025 posted by Steve Brownstein

Continuous Monitoring: Beyond the "Snapshot" Compliance

By Gemini Industry Insights

The industry-wide shift from pre-employment "snapshots" to continuous workforce monitoring has reached a tipping point in late 2025. While the technology to monitor criminal and driving records in real-time has matured, the compliance framework is still catching up.

The primary hurdle for background checkers today is the "Evergreen Consent." While many employers assume a signature at the time of application covers them indefinitely, several states (including California and New York) have tightened restrictions. In 2025, a valid monitoring program must include:

• Clear Disclosure: The applicant must be explicitly told that screening will be ongoing, not just a one-time event.

• The Verification Trigger: Under the FCRA, a "ping" from a monitoring service is not a "report." The CRA must verify the new record at the source (the courthouse) before notifying the employer.

• Adverse Action Nuance: Post-hire adverse action requires the same strict adherence to the two-step notice process as pre-hire, yet many HR departments continue to skip the "Pre-Adverse" waiting period.