CA Licensing Reform and Criminal Records, compliance during COVID, and FCRA training are all included in this quarter’s compliance update.
Each quarter, PlusOne Solutions provides a compliance update to keep you abreast of changes and updates in legal developments as well as company news. This information is provided for education only and does not constitute legal advice.
Maintaining Compliance and Delays with COVID-19
Throughout the last six months, PlusOne Solutions has continued to work with Customers to ensure strong compliance levels. We have recently seen a lot of the courts reopen and drug labs resume more fulsome hours of operation. Much of the backlog of delayed criminal record checks have now been completed. We continue to encourage any individual that needs to be rescreened to submit their background screening before the expiration date, the individual will continue to report in compliance.
Effective July 2020, California enacted AB-2138 which is designed to make it easier for residents with criminal records to obtain professional licenses from 37 agencies within the Department of Consumer Affairs (DCA). In this state alone, 30 percent of all jobs (1,773 different occupations) require licensure, certification, or clearance from a DCA oversight board or agency. DCA boards have licensing authority over many professionals ranging from medical doctors, nurses, and pharmacists to accountants, architects, contractors, engineers, auto mechanics, and hairstylists.
Among the guidelines are strong reminders for any hiring / contracting decisions:
Restricts the discretion to use prior criminal history as grounds for denying a license.
Criminal convictions older than seven years may not be the basis for licensure denial.
A criminal conviction must be “substantially related” to the qualifications or duties required by the license or profession to deny, revoke, or suspend a license.
Licensing boards may no longer deny licensure due to a conviction that was expunged, dismissed, pardoned, or if the applicant made a showing of rehabilitation for a felony conviction.
This move is designed to provide more opportunities for individuals with criminal histories and support their re-engagement into society. In many cases, the nature of the record is not relevant to the role they will hold and for this reason, the record creates a barrier to productive contribution to society.
FCRA Training 2020 Reminder
PlusOne Solutions has sent out its annual training module for all Customer users regarding the Fair Credit Reporting Act (FCRA). This training covers the basics of the law, the responsibilities of requesting and using consumer reports as well as obligations for the destruction of information. Please watch for this notice and complete the training.
Why does this matter? As a Professional Background Screeners Association (PBSA) Accredited agency, PlusOne Solutions requests an annual certification from Customers to ensure their partnership in remaining compliant with FCRA obligations. Completion of this training constitutes certification and keeps Customer users updated on their obligations when using consumer reports.
Contents are provided for information purposes only and should not be construed as legal advice. Users are reminded to seek legal counsel concerning their obligations and use of PlusOne Solutions services.
About PlusOne Solutions
PlusOne Solutions has been an industry leader in the risk management field by specializing in compliance programs that meet the complex challenges of geographically dispersed contractors, vendors, and employee networks. PlusOne Solutions protects companies from possible financial, legal, and reputational risks associated with contractor and vendor relationships while creating safer work environments. To learn more, visit https://plusonesolutio.wpengine.com.
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