Background Investigation

It is the policy of Pinal County to conduct background investigations on all applicants who are offered employment with the County. Background investigations will be conducted of the finalist candidate for a position either before or after an offer of employment has been extended.

Having a criminal history, a criminal conviction, or a motor vehicle violation does not necessarily preclude employment. The nature of the offense, the circumstances surrounding it, and its relevance to a particular job are considered on a case-by-case basis. The Director of Human Resources (or designee), in consultation with the Appointing Authority and Legal Counsel, when necessary, will evaluate the relevance of the criminal history of the individual being hired to the position being filled.

The County may refuse to hire a finalist, may withdraw a conditional offer of employment to a finalist, or may terminate an employee where the finalist has made a false representation of material fact or omits to provide material factual information in the employment process.

Compliance with the Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law that regulates the activities of credit reporting bureaus. The law governs the use of third-party credit reporting agencies to investigate the background of applicants for employment and imposes notice requirements for employers as well as monetary penalties for failure to comply with its provisions.

Under the FCRA, employers must take certain actions whenever they obtain a consumer report on a job applicant or employee. All background screening reports are classified as consumer reports and requirements include notification, certification, and action before and after an adverse event.

If a consumer report uncovers information that may disqualify an applicant from employment consideration, the County shall notify the applicant of the information and provide a minimum of five days for the applicant to refute, explain or correct the information.

Note: The FCRA law only applies to background screenings performed by an outside company. It does not apply when an employer conducts in-house Standard Pre-Employment Screenings. Hiring departments should contact their Human Resources Employment Advisor for assistance when adverse action will be taken against a candidate or Pinal County employee.

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