The beginning of a new year is a good time to review your
background screening policies, consider upcoming laws and prepare for success.
2026 Legislation
Throughout the country, numerous bills go into effect at
the beginning of each year. Many more laws become active as the year
progresses. It’s helpful to consider new and upcoming legislation as you dive
into the first business quarter.
A variety of bills will become law in 2026. Some of the
types of legislation we anticipate seeing include:
- Second chance laws. They do a
variety of things, such as creating expungement opportunities, specifying when
background checks should be run, and requiring hiring managers to assess any
records that are returned in a report.
- Artificial Intelligence. We
expect to see more laws that govern the use of AI and require employers to
implement policies that help ensure they don’t inadvertently discriminate
against any protected characteristic.
- Marijuana. More locations are
likely to legalize medicinal and recreational usage, which often leads to laws
that permit the expungement of records for offenses that were
de-criminalized.
Review Your Policies
The start of a year is a good time to review your policies
related to hiring and screening people. Example goals are to make sure your
organization is ordering background checks at the correct time, has policies on
what warrants an adverse action, and has sufficiently trained your staff.
After completing a thorough review of your company
policies, the next step is to ensure they are shared with everyone who will be
involved in the hiring process. Some companies have their employees acknowledge
and agree to those policies so they can show that each person was trained and
informed.
Ongoing Screenings
Almost every employer runs background checks on job
applicants. These reports help hiring managers make informed decisions and
complete due diligence practices. But not every employer takes advantage of
annual or ongoing screenings.
By monitoring employees throughout the year, businesses can
become aware of anything that might affect them or their team. For example,
they can see if a worker incurs a new criminal record that might be relevant to
their position, learn if someone lost a required license or credential or
discover that a driver has a new hit on their record.
Working With A CRA
If you’re not already working with a Consumer Reporting
Agency (CRA), that is a great thing to consider for the new year. A CRA that is
accredited by the Professional Background
Screening Association (PBSA) must first demonstrate that they take
reasonable steps to only provide current, accurate and reportable data.
CRAs provide risk mitigation because they offer
comprehensive reports that give reviewers essential information. Employers can
help protect their best interest by working with an accredited CRA.
Need Employment Background Checks?
If your organization is bringing on employees, contractors
or volunteers,
please contact us. Our friendly,
professional team can help you customize screening packages based on your
particular needs, relevant laws and industry standards. We are an accredited
CRA with more than 25 years of experience as a leader in our industry.
Backgrounds Online is available to assist you Monday
through Friday from 5am to 6pm PT.