2024 Trends in Background Checks: Proactive, Not Reactive

2023 has been a year full of surprising amendments, the changing identity of HR, plus a shift from candidate-forward choice to one that relies more on the employer. Of course, that has everyone thinking: what could we expect from 2024?

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Clean Slate Act Could Cause Laggy TATs

As discussed in last month’s newsletter, New York joined eleven other states in adopting the Clean Slate Act. The bill allows certain criminal records to be sealed years after an individual is charged with a criminal case, whether they are convicted or not. The eligibility of the records that can be sealed varies from state to state, but the Act does state that it will not seal cases of convicted sex crimes, murder, or other class-A felonies. 

Some employers and candidates are finding turnaround times lagging in states that have embraced the Clean Slate Act. Why? Due to the bill, convictions are being set aside from record systems. Processes must be modified, meaning many district courts must start from scratch. Additionally, researchers are being prevented from accessing court records while creating or updating procedures, leading to major delays, even for candidates with clear criminal histories. 

The good news is that our delays are decreasing as time passes. In addition, Atlantic is always auditing court researchers to find who is returning accurate searches as quickly as possible. Delays in the industry are not abnormal, but we’re always searching for solutions to get your background checks back so you can make informed hiring decisions. 

If you have questions about how this may impact your organization or how you are hiring, we suggest contacting your legal team. You can read the Act in its entirety here or read the article from 13 ON YOUR SIDE here. 

More Marijuana Changes for 2024

With the legalization of medical and recreational marijuana on the rise, it is incredibly important to keep up to date with ever-changing laws. While marijuana is still classified as a Schedule I drug at the federal level, bills are constantly transforming the laws at the local and state levels… and the latest laws are some of the more eye-opening to what could be soon for a lot of America. 

Both CA and WA have laws that will be in effect on January 1st, 2024. California’s SB 700 makes it unlawful to discriminate based on someone’s “use of cannabis off the job” or “away from the workplace.” Washington’s newly signed SB 5132 is an Act that is similar to SB 700 in not allowing discriminatory decision-making regarding the usage of cannabis outside of the place and work hours.  

The respective bills explain that it is against the law to discriminate due to a “drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.” This is on the basis that employers in these states should be testing for THC (tetrahydrocannabinol), which indicates current and active influence rather than inactive cannabis compounds. The above laws still hold limitations regarding positions that require a federal government background investigation or security clearance. This can also include safety-sensitive positions, including first responders, airline industry workers, and more.  

Ever since more states have been adopting medicinal marijuana, and then recreational, drug screening for THC has been a hot topic. We’ll stay updated with the changes and share any news that could pertain to you and your company, but we implore you to research what might work best for your organization. You can read more about the changes in WA here or how the bills are affecting CA here. As always, if you have any questions about laws concerning marijuana use and drug screening in the workplace, we recommend you contact your legal team.  

We’re Integrated with Workable!

Workable is our latest addition to our lengthy list of integrated partners to help make your hiring easier, from recruitment to onboarding. 

A top ATS in the recruiting space, Workable can post open positions to over 200 job sites. This way, you can grow your candidate pool in a single step. (Plus, you’ll initiate the background check with one click!) 

With our bi-directional integration, your team can initiate a background check within Workable. An online invitation will be sent to the candidate to fill out their background check information and provide authorization. The results will flow back into Workable via a report link, where your team has full access to the functions of our portal (including pre-adverse and adverse action letters). You will also be able to move them along your workflow within Workable. 

You can find out more about our Workable integration here. If you want to see exactly how it works, contact our office.