Criminal Background Checks After the EEOC’s 2026 Change: Hiring Decisions, FCRA Notices and State Rules

Overview

A background report reveals a conviction shortly before a candidate’s scheduled start date. The hiring manager wants to withdraw the offer, while the candidate says the report is incomplete. HR now faces several decisions: What information can be considered? How does the record relate to the responsibilities of the position? What must happen before the employer can finalize its decision?

On October 28, 2026, the Equal Employment Opportunity Commission (EEOC) voted to rescind its 2012 enforcement guidance on the use of arrest and conviction records in employment decisions. The withdrawal took effect immediately, raising questions about how employers should approach criminal background screening and whether their existing hiring procedures need to be revised. Although the guidance has been withdrawn, Title VII's protections against unlawful discrimination remain in effect, and employers may continue using lawful screening practices developed under the earlier guidance. HR professionals need to understand what the agency's decision means for their current policies, particularly when a criminal record becomes a factor in deciding whether to hire someone.

The legal requirements surrounding background checks extend well beyond the EEOC's guidance. Employers using third-party background screening companies must comply with the Fair Credit Reporting Act (FCRA), including its disclosure, authorization, and adverse-action requirements. State and local restrictions can also determine when employers may ask about criminal history, which records they can consider, and what opportunities applicants must receive before a final decision. California, Illinois, Washington, and New York City have requirements that can affect different stages of the screening process. An employer following the same procedure for every location may overlook important differences in how a candidate's criminal history must be evaluated.

Consider a hiring manager who insists that any criminal conviction should disqualify an applicant, or a screening company that marks a candidate as ineligible without explaining the underlying findings. HR must determine whether the information supports the proposed decision, whether further review is necessary, and how to handle the applicant's explanation or dispute. Mistakes can occur when an employer relies on an automated recommendation, skips a required assessment, sends an adverse-action notice prematurely, or fails to consider information supplied by the candidate. These situations require HR to understand both the legal requirements and the practical steps involved in reaching a defensible hiring decision.

This webinar examines criminal background screening through actual hiring situations that HR professionals routinely encounter. The speaker will explain how to review questionable records, evaluate convictions against specific job responsibilities, conduct individualized assessments where required, and document the reasons supporting a proposed hiring decision. Particular attention will be given to the FCRA pre-adverse-action process, candidate disputes, required notices, applicable response periods, and the additional steps imposed by selected state and local laws.

Attendees will also examine how screening-company recommendations, automated rejection settings, and hiring-manager decisions can create problems when the appropriate review procedures are overlooked. Practical examples will illustrate how to handle disputed reports, determine whether a conviction warrants further consideration, respond to additional information from applicants, and complete the appropriate procedures before withdrawing an employment offer. The session will provide HR professionals with a practical framework for reviewing their current screening practices and handling difficult background-check decisions with greater confidence.

Areas Covered in the Session

• The EEOC's October 2026 guidance withdrawal and its impact on employer screening policies.
• Criminal-history inquiries, conditional job offers, and permissible background-check procedures.
• FCRA disclosures, written authorization, and employer responsibilities when using screening companies.
• Arrest records, convictions, pending charges, sealed records, and inaccurate background reports.
• Evaluating criminal convictions against job duties, relevant risks, and mitigating circumstances.
• Individualized assessments and documenting decisions involving potential disqualification.
• Pre-adverse-action notices, required disclosures, and applicable waiting periods.
• Handling candidate disputes, corrected reports, rehabilitation evidence, and reconsideration requests.
• Final adverse-action notices, hiring decisions, and supporting documentation.
• California, Illinois, Washington, and New York City screening requirements and common compliance mistakes.
• Screening-company recommendations, automated rejection systems, and hiring-manager responsibilities.
• Practical hiring scenarios involving disputed records, proposed offer withdrawals, and adverse-action procedures.

Why Should You Attend?

The EEOC's October 2026 withdrawal of its criminal background screening guidance has raised important questions for employers. Understanding what has changed, which legal obligations remain, and whether existing screening procedures need attention will help HR professionals make informed hiring decisions.

Criminal background checks can become difficult when reports contain disputed information, convictions raise concerns about job suitability, or hiring managers push for immediate disqualification. This webinar will help you evaluate these situations, determine when additional review is necessary, and document decisions while complying with applicable federal, state, and local requirements.

You will gain practical guidance on FCRA pre-adverse-action procedures, candidate responses, final notices, and common screening mistakes. Realistic hiring scenarios will help you identify weaknesses in your current process and handle background-check decisions with greater confidence.

Who Will Benefit?

This webinar is designed for HR, recruitment, and compliance professionals responsible for criminal background screening, evaluating applicant records, and making or reviewing hiring decisions. Professionals involved in employment screening policies, FCRA compliance, and adverse-action procedures will particularly benefit; those include:

• Human Resources Directors
• Human Resources Managers
• Talent Acquisition Directors
• Talent Acquisition Managers
• Recruitment Managers
• HR Business Partners
• Employee Relations Managers
• Background Screening Specialists
• Pre-Employment Screening Coordinators
• HR Compliance Managers
• Employment Compliance Specialists
• In-House Employment Counsel
• FCRA Compliance Specialists
• Background Screening Compliance Managers