A new California case came out March 23, 2010 that gives a background firm protection when it reports sexual offender data from the Megan’s Law Web site, and also clarifies that the prohibition of using sex offender registration information for employment does not apply when there is a person at risk.
For a quick review of the case, see:
http://www.esrcheck.com/wordpress/1440/california-case-protects-constitutional-right-of-background-screening-firm-to-report-sex-offender-registration.
The actual case can be found at:
http://www.courtinfo.ca.gov/opinions/documents/B214653.PDF
An independent certified public accounting firm contacted SI to perform a background investigation of an applicant being considered for a position with fiduciary duties. The subject disclosed to our client that some “minor credit issues” may turn up in his background. Public record searches revealed four unpaid federal tax liens filed in 2007 and 2008 totaling $82,000, and a recent judgment for $30,000.
The subject also failed to mention a foreclosure action filed against him in 2008. After a verdict in favor the bank for the sale of the property, the bank had to file an unlawful detainer action because the subject refused to vacate the premises. And adverse information was not limited to financial issues.
The subject’s motor vehicle record contained several negative items, including one suspension for failure to appear twice within nine months. The subject’s tendency to ignore court orders was further revealed when he was identified as a defendant in a closed misdemeanor case for indecent exposure. Court documents indicated that the subject failed to appear and a bench warrant was issued. Eventually, the subject made an appearance in court and pleaded guilty.
He was sentenced to register as a sex offender, pay restitution and serve 60 days in jail. SI’s findings confirmed that the subject served the jail time and then moved out of state; however, searches of multiple databases located no record that the subject had registered as a sex offender, as ordered by the court.
