First Advantage Background Services Corp. Job-Seeker Privacy Violations

Lieff Cabraser is investigating multiple reports that First Advantage Background Services Corporation (“First Advantage”) has a policy and practice of improperly communicating information about job-seekers’ complete, life-long criminal history, including arrests and dismissed charges, in defiance of federal law.

Non-conviction criminal history information, such as arrests or dismissed charges not reflecting any actual adjudicated criminal guilt, can significantly reduce job-seekers’ employment prospects. Indeed, this is why the Fair Credit Reporting Act restricts the provision of non-conviction criminal history information, so that rehabilitated citizens have a fair and unprejudiced chance of getting hired.

As part of that system, all federally-regulated Consumer Reporting Agencies are prohibited from providing non-conviction adverse information older than seven years for citizens who have kept their records clean. Recently-released information indicates that First Advantage persists in illegally providing overbroad and improper information to prospective employers, resulting in the prejudicial denial of employment to individuals who should be protected from such wrongful disclosures.

Many states, including California, have expanded upon these protections with regulations prohibiting Investigative Consumer Reporting Agencies from providing reports containing any criminal history information more than seven years old, including information regarding convictions. The measures have been enacted to protect job-seekers from prejudicial judgment by prospective employers.

If you believe you have been denied employment as a result of First Advantage illegally providing excessive and irrelevant information to a prospective employer, we urge you to contact a lawyer at Lieff Cabraser today. There is no charge for our review of your potential case, and the information you provide will help us hold First Advantage accountable for all of its improper hiring-related conduct.


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