Can You Get A Business License If You Are A Register Sex Offender

Can a sex offender pass a background cheque? Whether employers can use information from the sex offender registry in hiring decisions depends on state laws—and misusing this information can take costly consequences.

Read this article to acquire when hiring managers tin can utilise sexual practice offender databases for employment decisions and how a groundwork screening company can help you lot stay in compliance.

Easy access to online sex offender registries seems similar a win for employers who want to make sure the people they hire aren't listed. Yet in some states, using that information can take scary consequences.

While the purpose behind these registries may seem very straightforward, every bit with many things, the devil is in the details. Get-go, a piddling history is in social club.

What is Megan's Law?

Megan's Law was named after a seven-twelvemonth old rape and murder victim, Megan Kanka, from New Bailiwick of jersey. Soon later on the law was passed, the federal government required all states to establish sex offender registries that could be accessed by the public.

The intent backside the police force and the registries that take since been established is sound; the practical applications of the registry data, though, can become murky.

Complying with Megan's Constabulary

In California, for case, all employers must comply with Megan's Police force, whether or not they utilise a third-political party background checking service. Megan's Police force requires convicted sex offenders to register with the state's registry then makes that registration information available online to the public.

Sounds fair, right? You lot have gratis, unrestricted access to xc,000 sex activity offender records online. Simply employers likely haven't read Megan'south Law in its entirety, and therefore may not be enlightened of the following provision from Cal. PC 290.46(l)(2)(E):

Use of whatsoever information from the Megan's Law Database for purposes relating to any of the following is prohibited:

Wellness insurance
Insurance
Loans
Credit
Employment
Didactics, scholarships, or fellowships.
Housing or accommodations.
Benefits, privileges, or services provided by whatever business concern establishment

The bottom line: California law prohibits employers from using sex activity offender registry data when making employment decisions.

So why practise groundwork screeners report this information if their customers can't use it?

Employers Accept Legitimate Concerns About Hiring Sex Offenders

There are important exceptions to prohibitions against using sexual activity offender registry data when making employment decisions. Megan's Law has carve-outs for employers to employ registry information if:

They are required to do and then by some other law
They are using the information to "protect a person at risk"

A number of online publications will lead y'all to believe that "person at risk" is defined in 290.45 of the California Penal Lawmaking. However, this is not the case. "Person at risk" is not currently defined nether the statute, and thus is left open to interpretation. A previous version of the statute defined person at risk as "a person who is or may be exposed to a risk of becoming a victim of a sex crime committed by the offender," but this is not current law.

Get peace of mind with a groundwork bank check provider that specializes in compliance at the federal, country and local levels.

Penalties for Misusing Sex Offender Data for Employment

Using California sex offender registry information for purposes other than to protect a person at risk or for a prohibited purpose as described above:

"shall make the user liable for the actual damages caused, and any amount that may be determined by a jury or a court, not exceeding 3 times the corporeality of bodily damages, and not less than $250, plus attorney'southward fees, exemplary damages, or a civil penalty non exceeding $25,000."Cal. PC 290.46(50)(4).

While $25,000 may be a drop in the bucket for large corporations with in-firm counsel to defend against claims, this penalty tin can cripple a modest to medium-sized business.

So what are employers to do when they learn that an applicant or electric current employee is on the registry?

Classic chaser response: "It depends."

Differing State Laws Must Guide Decisions & Deportment

Just because we've used California as an example here, don't assume you're out of the woods if you're located in another state. Several states have enacted some version of Megan's Law, and prohibitions on use of registry information vary state by state. To ensure compliance, review your specific country's law prior to denying employment based on a candidate's presence on the registry. And, when in doubt, consult with your legal counsel to:

1. Decide if you're an employer who falls under one of the ii exceptions that allow the use and consideration of sex offender registry information for hiring purposes.

If you lot're required by constabulary or authorized past your state department of justice to ask into sex offender history, you lot may do so.

Businesses that fall under this exception typically include:

Governmental agencies
Humane societies
Public housing authorities
Adoption agencies
Financial institutions
Community care facilities
Kid care centers

Consult your state's constabulary to perform a more than comprehensive analysis equally to whether yous fall under i of any exempted categories in your land.

two. Determine if you lot may also fall nether an exception allowing an employer to apply registry information in gild to protect a person at adventure. If your state has such an exception, you lot're likely to authorize if your employees:

Become into others' homes to perform services
Work with the elderly, disabled, or children

To be safe, perform a risk assessment for these applicants or employees and certificate information technology. Consider the work history of the applicant or employee, the groups of individuals the applicant will interact with on the job, and prove of rehabilitation.

Depending on your state, you lot may non be able to apply sex offender registry data in your employment decision unless yous qualify for an exception such as the ones outlined above.

Sex Offender Information You Tin can Consider

It's important to know that there is no prohibition on using records of conviction from criminal courts when making hiring decisions.

Although you may not be able to use the sex offender registry equally a factor in your hiring decision, you may still receive and apply court records showing convictions for the underlying criminal offence(s) committed by a registrant.

In most states, felonies and misdemeanor confidence records may exist reported indefinitely; all the same, depending on the state where the candidate lives or works, records may be restricted to seven or 10 years. For example, in California you lot may simply apply confidence records that are seven years of age or younger.

Yous besides may use information you acquire directly from the applicant. If the job candidate discloses the sex-offender condition, your business should accept a trained Hr professional who can direct the interviewee to elaborate on the convictions underlying the registration. Brand sure to document the information to avoid defoliation on the source of the information.

Bottom Line

Be conscientious nigh how you employ the sex offender registry for employment and be sure you are complying with the applicable state laws that affect your decisions. Every bit nosotros've noted, California, for instance, allows use of sexual practice offender registry information for employment purposes in express cases only.

Don't get caught violating Megan's Law. Telephone call your attorney, do some research, document your risk assessments, and reach out to your background screener to ensure yous're in compliance.

At GoodHire, we're always happy to reply your questions.

A Sex Offender Registry Listing search is included with our Basic, Standard, and Premium packages. GET STARTED

GoodHire follows FCRA, ban the box, and EEOC compliance laws

Disclaimer

The resources provided here are for educational purposes only and exercise not constitute legal advice. We advise you to consult your own counsel if you take legal questions related to your specific practices and compliance with applicable laws.

Virtually the Writer

Elizabeth McLean is GoodHire's General Counsel, an FCRA-compliance attorney and adept in the groundwork screening legal landscape. She monitors all things FCRA and EEOC. That ways she follows new legislation and court decisions and advises the company on processes that follow compliance best practices.