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Employment Screening Laws in Washington, DC

Washington, DC employs the recommended rules and regulations standard policies of the hiring guidelines established by the Fair Credit Report Act (FCRA). Employers are prohibited from performing a background screening unless a conditional offer of employment has been made. Inquiries into an applicant’s criminal history cannot be made at the initial stage of the employment application process. Additionally, an employer cannot require any person to pay for, and provide, their own criminal or arrest records.

Background check consent must be completed and signed in a separate stand-alone form separate from employment application as per FCRA. Must be clear and conspicuous to their knowledge
Establish an HR policy when conducting employment background checks for each job position. For example, what past criminal offenses are to be considered in relation to the job position

If derogatory records are found:

If doing a nationwide criminal database search, verify that any database records found are updated and accurate at originating source (i.e, County Criminal Court and/or Real-Time State Criminal search
Send FCRA Pre Adverse Action Letter. Wait at least five days to allow the applicant to dispute any discrepancies before taking any further action
If by then, a decision has been made to not to hire the applicant based on the applicant’s response and further investigation of records found — a job declination FCRA adverse action letter must be sent

District of Columbia (Washington, D.C.)
This ordinance applies to District and Private employers

Background checks only after a conditional offer of employment
Incorporates EEOC criteria in individualized assessment
Policies apply to public and private employers in the District

Council of the District of Columbia voted unanimously to pass the Fair Criminal Records Screening Act of 2014, which applies to private employers. Under the new law, an employer that employs 11 or more employees in the District cannot make any inquiry into an applicant’s conviction until after making a conditional offer of employment. A conditional offer can only be withdrawn for a “legitimate business reason,” which must consider job-relatedness of the offense, time passed, rehabilitation, and other factors. A complaint process may be initiated with the Office of Human Rights and violation of the act may result in fines, of which half shall be awarded to the complainant. Reporting requirements are also included in the law such as voluntarily provided data on the hiring of applicants with records.

Remember that an employer must always consider EEOC guidance when making a hiring decision. The Equal Employment Opportunity Commission (EEOC) calls for companies to conduct an Individualized Assessment based on the nature of the offense and how it relates to the job position prior to automatically disqualifying an employment applicant based on their past criminal records history.

Employers are prohibited from obtaining a credit report on a potential candidate unless:

Federal or State statute requires a credit check
The position is with a Police Department
The position is with the Office of the Washington, DC Chief Financial Officer
The position requires possession of a security clearance under D.C. law
Disclosures are required to the Board of Ethics and Accountability
The position is with a financial institution.

Disclaimer: All resources in this informational article are intended for basic informative purposes and to serve as initial guidance. It is strongly recommended to always check with your legal counsel before proceeding as new laws may emerge from federal and local municipalities after the date of this article.

District of Columbia Criminal History Report

2017 CMD 112589 United States Vs. Doe, Mary
Case Type: Misdemeanor
Case Status: Closed
File Date: 09/24/2017
Status Date: 09/24/2017 Next Event:

Party Information
DOE, MARY ANNE – Defendant (Criminal)
DOB – 10/18/1987
Alias
AKA DOE, MARYANN
AKA DOE, PRINCESS

Disposition – Dismissed-Nolle-Diversion
Disp Date – 01/15/2018

Party Attorney – MASON, PERRY

Docket Information
Date Docket
09/24/2017 Charge Filed Charge 1: Poss of a Controlled Substance – Misdemeanor
09/24/2017 Event Scheduled Event: Arraignment – Citation
Date: 09/28/2017 Time: 10:00 am
Judge: SILVA, MARY Location: Courtroom C-10
09/24/2017 Gerstein Affidavit Filed
09/25/2017 Release Conditions

Pretrial Services Release Form
Sent on: 09/28/2017 16:31:00.89
09/29/2017 Event Resulted – Release Status:
PR PSA The following event: Arraignment – Citation scheduled for 09/24/2017
at 10:00 am has been resulted as follows:

Result: Defendant Pled Not Guilty
Trial Rights Were Asserted
Judge: SILVA, MARY Location: Courtroom C-10
MARY ANN DOE (Defendant (Criminal)); ; Judge MARY SILVA on behalf of Judge JOSEPH MANCUSO
09/24/2017 Event Scheduled
Event: Misdemeanor Initial Status Hearing
Date: 10/22/2017 Time: 10:00 am
Judge: JOSEPH MANCUSO Location: Courtroom 311
09/24/2017 Attorney Appointed
Attorney PERRY MASON representing Defendant (Criminal) MARY ANN DOE as of
09/24/2017 MARY ANN DOE (Defendant (Criminal)); ; Mr PERRY MASON (Attorney) on behalf of MARY ANN DOE (Defendant (Criminal)); Judge MARY SILVA on behalf of Judge JOSEPH MANCUSO
09/24/2017 CJA Eligibility
09/24/2017 Pre Trial Report
09/25/2017 Release Conditions

Pretrial Services Release Form
Sent on: 09/26/2017 09:53:57.39
08/26/2017 Event Scheduled
Event: Diversion Status Hearing
Date: 12/20/2017 Time: 9:30 am
Judge: JOSEPH MANCUSO Location:
Courtroom 311
09/24/2017 Deferred Prosecution Agreement with Community Service Filed
09/24/2017 Defendant Enrolled in Diversion
09/24/2017 Event Resulted – Release Status: PR PSAbr defendant entered into Diversion

The following event: Misdemeanor Initial Status Hearing scheduled for 09/24/2017 at 10:00 am has been resulted as follows:

Result: Hearing Held
Judge: TODD SCHARPEI Location: Courtroom 311
MARY ANN DOE (Defendant (Criminal)); ; Mr PERRY MASON (Attorney) on behalf of MARY ANN DOE (Defendant (Criminal)); Judge TODD SCHARPEI on behalf of Judge JOSEPH MANCUSO
Community Service Placement Filed – 6th District
Community Service Hours Completed Successfully
Diversion Successfully Completed
Event Resulted – Release Status: N/A. The defendant has successfully completed all diversion conditions. Case is dismissed by the court with prejudice.
The following event: Diversion Status Hearing scheduled for 12/24/2017 at 9:30 am has been resulted as follows:
Result: Dismissed – Nolle
Judge: MANCUSO, JOSEPH Location: Courtroom 311
MMARY ANN DOE
(Defendant (Criminal)); ; Mr PERRY MASON (Attorney) on behalf of MARY ANN DOE
(Defendant (Criminal)); Judge JOSEPH MANCUSO
01/15/2018 Charge Disposed – Nolle Diversion
01/15/2018 Case Disposed – Nolle Diversion

Case Disposition
Disposition Date
Dismissed-Nolle-Diversion 01/15/2018

Of further interest – Washington, DC

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