Legal Alert


Legal Alert

HR 2865 Fairness Accuracy in Employment Background Checks of 2013

A new bill has been introduced that would provide safeguards to ensure accurate record information is utilized when accessing the Federal Bureau of Investigation criminal record system. The law would require Attorney Generals to promptly correct any inaccurate information found on the FBI criminal record system or delete incomplete records (incomplete records would be cases where an arrest was made but no disposition was given). The Attorney General also has a duty to inform all reporting jurisdictions. Additionally the Attorney General will have to notify the subject of the record and advise them of the change of record information, including:

  • Obtain the consent of the applicant to exchange the record or information with the requesting entity;
  • At the time of consent, notify the applicant that the applicant can obtain a copy of the record or information;
  • Provide to the applicant an opportunity to obtain a copy of the record or information upon request and to challenge the accuracy and completeness of that record or information;
  • Promptly notify the requesting entity of any such challenge;
  • Not later than 30 days after the challenge is made, complete an investigation of the challenge;,
  • Provide to the applicant the specific findings and results of that investigation;,
  • Promptly make any changes or deletions to the records or information required as a result of the challenge; and
  • Report those changes to the requesting entity

No later than 1 year after the date of the enactment of this Act, the Attorney General shall issue regulations to carry out this act

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