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Background Checks in 2022

By: Vanessa Mitchell Tuesday, 15 February 2022

2022 is set to bring new hiring challenges and trends for organizations. In 2021 temporary court closures continued to plague the industry and organizations used conditional hiring or altered their policies to continue hiring. Now, as we enter a new year most of the 3,000+ county jurisdictions have reopened but continue to face staffing shortages which create court delays. These delays, paired with new legislation is now dictating how and when we background check. Let's explore trends and best practices for 2022.


Identifiers Redaction and Court Delays

A recent development in the background screening industry to keep an eye on is the redaction of date of birth and other key identifiers crucial to reporting requirements.

Currently in Michigan, a new rule was adopted in December 2021 (effective April 1, 2021) which redacts DOB on court records. Some counties are already redacting DOB.

Similarly, in California DOB cannot be found on electronically searched criminal records due to a recent court decision.

Criminal record searches with cases will require clerk assistance and will be delayed significantly. Criminal record searches that do not require clerk assistance will continue to have the same turnaround time as before.

For more information on the California and Michigan redactions, visit PBSA’s government relations page.

Many states and counties throughout the country continue to have delayed background checks due to limited hours operation and/or limited access to the clerks, and/or closures due to COVID-19.

We understand the challenges court delays and identifier redactions create while hiring and background screening applicants. We will continue to work diligently to continue to offer accurate and timely background checks and find resolution to these issues.


Background Check After the Conditional Offer

More and more employers are now waiting to conduct background checks on prospective employees after a conditional offer has been given. In fact, the 2021 Background Screening Survey from PBSA found that 73% of organizations typically conduct background checks in this timing.

Background check timing


Don’t Forget the Adverse Action Process

Whenever an employer uses a background check to make a decision that is not in favor of the applicant, the employer is taking Adverse Action and must follow certain rules to maintain compliance. 

Please note: depending on where you operate or where your applicant resides, you may be required to meet local Adverse Action regulation, such as the New York City Fair Chance Act Notice. Local laws may require employers to make a conditional offer of employment before conducting a background check, which you will need to factor into your Adverse Action Policy.


Appreciate the Benefits of a Comprehensive Background Check

According to a SHRM Human Capital Benchmarking Survey $4,129 is the average cost per hire, and it takes 42 days on average to fill an open position. Another noteworthy statistic is that 46% of new hires fail within 18 months and 81% of new hires are a disappointment to employers according to an interview expert.

Investing an additional 15% into thorough background screening, can lead to a significant decrease in turnover and an overall cost savings for your organization. It is not enough to run the minimum. A comprehensive background check with a thorough examination into the applicant, will save you time and money in the long run.


Audit Your Consent Form

Did you know, FCRA litigation cases have increased 3.5% from 2020 to 2021 according to Web Recon? Don’t become another statistic, make sure you are following FCRA regulations for all aspects of your background screening process including your consent form. Do you have a ‘Summary of Rights’, current state-specific language, and liability waiver in your consent form? The easiest way to be compliant is to utilize Choice Screening’s free Online Consent Form that is monitored by our in-house Compliance Director and updated regularly. Start reducing compliance vulnerabilities today!


Incorporate International Screening as needed

International Screening is becoming increasingly essential to any comprehensive background screening because organizations continue to hire candidates that live or have lived internationally. According to the 2021 Background Screening Survey from PBSA over 72% of organizations responded that international screening is important.

Gain worldwide access to criminal information on your candidate and eliminate potential gaps in their criminal history with the Choice Screening International Criminal Search.

International Screening


Create a Continuous Monitoring Program

Continuous monitoring, also known as rescreening current employees, will remain a crucial component to any background screening process in 2022. After the first day of work, an employee can commit a crime, lie about a master’s degree, get a DUI or engage in other activity that would disqualify them from continued employment, promotion or transfer. Choice ReScreen is a post-hire background screening service that helps you gain powerful insight after the initial job offer. Through a carefully selected package of services, you will quickly and easily ReScreen your current employees based on your requirements for ongoing employment, promotions, or transfers.

The 2021 Background Screening Survey from PBSA concluded that a criminal background check is the most common product among organizations who conduct a recurring background check.

Recurring Background Checks


As part of any good hiring strategy, partner with a background screening provider you can trust, stay informed, and don’t forget to consult legal counsel. Please note: this blog is not all-encompassing and is not meant to provide legal advice.

Topics: Background Screening, Compliance, Best Practices, FCRA, Choice ReScreen, PBSA, Trends

Vanessa Mitchell

Vanessa Mitchell

Passionate blogger dedicated to making your life easier when it comes to background screening.