The federal criminal records are publicly accessible. A person with a record can access their own files. An employer who is concerned about the status of a prospective employee can check them out. Since federal laws state that some jobs cannot be given to people with certain records, employers must be aware of these facts.
The FCRA
The FCRA or Federal Fair Credit Reporting Act is the federal regulation that oversees the workplace background information evaluation.
This law determines what kind of data may be utilized and the duration which said data can be used. An example would be bankruptcy, which cannot be utilized after a decade. These restrictions are not applicable to felony convicts.
The Civil Rights Act
The Civil Rights Act of 1964 Title VII makes it clear that people with federal criminal records cannot be discriminated. That is, they cannot be denied work just because they have a record. It cannot mean automatic rejection.
However, there are exceptions to this rule. If the company or business can provide sufficient data to justify its decision not to hire, then there is no law violation. This is something that all employers and employees with records have to consider.
Getting a Copy of Federal or State Records
The first step is to determine the agency and the jurisdiction. For records of a federal nature you should get in touch with the FBI. The Bureau records may or may not have all state offenses.
If the record is not complete, get in touch with the proper county or state agency. If the arrest record of the individual is not on the Bureau record, contact the county or agency where the individual was tried and arrested.
Requesting Records
Asking for your own records is easy. Just make a cover letter and make your request to the Bureau. All information will be provided save for any that are being used in an investigation.
Information that involves national security may also be omitted. Asking for records on third parties are more complicated. Privacy laws will be taken into consideration first.
You will then have to provide fingerprints. This has to be on form FD-258. You can have your prints at a police station.
The final step is to mail the request. After a while, your federal criminal records will be given to you. If you are requesting records from other law enforcement agencies or the state, you have to do it in person.