Employer Alert: SB 731 Will Expand Sealing of Criminal Records 

January | California: Senate Bill 731 will provide for the automatic sealing of certain felony criminal records and arrests that did not result in a conviction will also be sealed. 


Creditors and Employers Beware: CFPB Amends Model Background Check Form and Adverse Action Language 

March | National: The CFPB has issued a final rule updating the model form for the FCRA Summary of Consumer Rights and information that must be included in adverse action notices under the ECOA. 


Updated FCRA Summary of Consumer Rights Released with a Mandatory Compliance Deadline of March 20, 2024

March | National: An updated version of “A Summary of Your Rights Under the Fair Credit Reporting Act” includes non-substantive revisions to correct contact information for various federal agencies. 


What We Learned From 2022’s Top FCRA Developments 

April | National: FCRA activity in 2022 included judicial decisions, regulatory actions, and federal and state legislation. 


Biden Admin Calls for Removal of Criminal Background Question on College Applications 

May | National: The Department of Education has called on schools to remove the criminal background question from college applications. 


Proposed Bill Would Require Contractor Background Checks, Larger Consumer Reports 

July | Massachusetts: A new bill would require background checks of contractors and would provide more money for consumers who get scammed. 


U.S. Supreme Court to Review Scope of Sovereign Immunity Defense to FCRA Lawsuits 

July | National: The Supreme Court has agreed to review a case that questions whether the government may be held liable as a data furnisher under the FCRA despite its invocation of the defense of sovereign immunity. 


California Modifies Employment Regulations Regarding Criminal History 

August | California: Updates to the FCA prohibit employers with 5 or more employees from asking about an applicant’s criminal history until after the employer has made a conditional offer of employment and even then, an individualized assessment must be completed. 


FCRA Regulation May Expand to Cover More Data Brokers 

August | National: The CFPB has introduced a new proposal that will expand the number of companies subject to the FCRA and add protections pertaining to the use of data derived from payment histories, personal income and criminal records. 


BIPA Litigation Update: Cothron’s Impact and Employer BIPA Defense Affirmed 

August | Illinois: BIPA decisions seem to be going both ways, with one case magnifying the scope of theoretical liquidated damages and the other offering a reprieve to defending employers. 


Texas Decimates May Local Laws – Fair Chance Hiring Practices Eliminated in Austin Alonzo Martinez 

August | Texas: The state has preempted local laws and ordinances that surpass or conflict with state laws, which carries significant implications for employers who conduct criminal background checks. 


California’s New Background Check Regulations: 10 Frequently Asked Questions 

October | California: The state’s Fair Chance Act will be expanded to require employers to conduct a more in-depth analysis before making adverse employment decisions based on criminal conviction history.


3D Printing Background Checks Proposed by NY State Assembly 

October | New York: State Assembly Bill A8132 has been introduced and would require a criminal history background check for the purchase of a 3D printer capable of creating firearms or any related components. 


The Roller Coaster Continues with FCRA Lawsuits 

October | National: FCRA lawsuits increased by 6.5 percent in August, only to decrease again by 5.8% 


NY Gov. Signs Bill to Seal Certain Criminal Records 

November | New York: New York’s Clean Slate Act will allow eligible misdemeanor convictions to be sealed after three years and a completed sentence, and after eight years for certain felony convictions. 


Governor Hochul Signs Legislation to Protect New York Children Attending Youth Camps from Sexual Predators 

November | New York: Legislation has been signed that directs the state Department of Health to require operators of children’s non-regulated camps to search the national sex offender database before hiring. 


Battle for Online Court Access in Virginia Rages at Fourth Circuit 

December | Virginia: Courthouse News claims that the state’s restrictions on who can access the Officer of the Court Remove Access system violates the First Amendment.