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Free Proposed Legislation on Background Checks Essay Sample

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This background check legislation seeks to introduce an effective means and a secure privacy assured system of collecting background information from potential employees, current employees and any other persons whose details are of importance to the organization. A background check covers different aspects of a person's past and present life and is a tool that enables employers and service providers make informed decisions on how suitable one is for a position in the organization. In the day to day world, honesty is a rare virtue and employers cannot rely solely on the information given by the applicants. This means that there is great need to come up with a legislation that allows the employer not only to enquire on the employee's job background, but to also go an extra mile to have a clear understanding of the criminal records of the person in question.


Firearms are among the most sensitive appliances that a regular citizen would be entitled to posses. Licensing is vital and extreme care should be taken to ensure that guns remain in the right hands in order to enable security to all. This is one of the situations whereby need arises to apply a law that strictly calls for a serious inquisitive background checking system. Following this need, I have come up with the following legislation which if implemented will be of great importance to ensure transparency and accountability of employers incase their personnel do not match up to their expectations. It includes several areas of interest where the law would be of great significance.

Using the above illustration, there should be a mainframe database for each and every individual born in the state and should be created at birth. This mainframe database should have the genetic fingerprint of the individual to ensure absolute uniqueness of the profiles. To ensure privacy, a privacy policy should be developed to safeguard personal data of the citizens. Only law enforcement agents such as the police and national security bodies such as the Counter Terrorism Units should be allowed to access the information and update the profile of the individuals. However, employers via the law enforcement agencies can seek to have a print of prospective employees' profiles to enable them make informed decisions (Nadell, 2004).

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The profile must include among others the date of birth, place of birth, academic and the medical background (updated by reliable state doctors). It must also include the employment details, relations, and any criminal records of the individual in question. Through this pre-employment screening is more accurate since it takes into account all the significant events in an individual's life. This proposed structure can be of use in among others the following scenarios.

Fire arm licensing

This is to be carried using a strict procedure that among others includes a background check on the applicant. The applicant should be of sound mind as confirmed by a state doctor. During application for the license, physical mental must be confirmed and a violence-free past record should be confirmed. Relations should also posse's clean records. CCW (carrying a concealed weapon) license applicants should have attended at least three months of training amounting to 180 hours of active training on weapon handling and consequently issued with a certificate after taking examinations from a state departments authorized in fire arm training for citizens and law.

Currently, training for a CCW license is inadequate and takes an unreasonably short course. This makes it really easy unqualified citizens to carry guns in public. Failure to meet these qualifications will be punishable under the law.

Employer's obligation to the state

Through this background check law, the employer will be accountable to the state in case they take up employees who have a tinted background to take up specific positions in the organization that would pose a threat to the security of others within the premises. For example, in the case of a terrorist attack involving an inside job, the employer will be responsible for the where-about of the employee in question if by the time of employment he had another terrorism threat record in the mainframe.

Currently, no legislation strictly stipulates the obligation of the employers to seek to find out the background information before employing an employee. This means that incase of such a scenario, the employer wouldn't be accountable for his role in exposing other citizens to the danger (Harr & Hess, 2007).

Rental premises legislation

Landlords should be granted permission to access the background information of the prospective tenants. This should be done taking care not to disclose the privacy information to unauthorized parties. The tenant must sign a form giving the landlord a right to inquire his/her background information. This proves to be of great use to the landlord in ensuring security of his premises and other tenants. If in case the tenant has a record of escaping with unsettled damage fees from previous apartments, then the landlord will be informed on the nature of the so to be tenant.

Currently, this is not provided in the background check legislations of most states thereby, many premises owners have to live with uncertainty of the credibility of the tenants' level of responsibility. These are just some of the many areas which the law can effect accountability. Through this, citizens develop a culture of responsibility and self awareness to avoid inconveniences that would arise due to a criminal record. Others may include application for a bank account, visa cards, sponsorships and scholarships.

The world is dynamic and adoption of this legislation would see to it that we change with the changing times and reduce incidences of dishonesty, uncertainty and irresponsibility.

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