New Criminal Background Checks Regulations: Updates You Need to Know
On-Demand Recording
Program Summary
In our interactive instructor-led 90-minute event, you will learn how sweeping federal and state criminal background check reforms taking effect in 2026 will transform the way employers screen candidates.
With new restrictions on when employers can ask about criminal history, automatic record sealing under Clean Slate laws, and increased oversight under federal rules like Title VII and the FCRA, organizations must update their policies now to stay compliant.
Join us, and you will discover the following:
- What the newest Ban the Box, Fair Chance, and Clean Slate laws require in 2026
- How to time criminal history inquiries and evaluate sealed or restricted records
- What steps employers must follow when rescinding an offer based on background results
- Ways to reduce hiring risks while maintaining fair and compliant screening practices
Program Highlights
Understanding the New Background Check Landscape
- How to navigate 2026 updates in states like Washington and Virginia, including conditional offer requirements and sealed record limitations
- Ways to interpret federal protections under Title VII and the FCRA when assessing criminal history
- Techniques for distinguishing between arrest records, conviction records, sealed records, and expunged records
Compliance Risks and Required Screening Procedures
- How to follow compliant steps when conducting background checks, including disclosure, consent, and individualized assessments
- Methods for determining when a consumer reporting agency is involved and what obligations apply
- Solutions for properly rescinding an offer when background findings create legitimate risk
Building Fair, Inclusive, and Legally Defensible Hiring Practices
- How to understand the differences between Ban the Box, Fair Chance, and Clean Slate laws across multiple states
- Ways to strengthen hiring practices to avoid negligent hiring while protecting formerly incarcerated applicants
- Techniques for evaluating the risks and limitations of Artificial Intelligence in background screening
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HRCI CREDITS
This program has been approved for 1.5 (HR (General)) recertification credit hour toward aPHRTM, aPHRiTM, PHR®, PHRca®, SPHR®, GPHR®, PHRiTM and SPHRiTM recertification through the HR Certification Institute. Learn more at hrci.org
SHRM CREDITS
HRMorning is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP® or SHRM-SCP®. This program is valid for 1.5 PDCs for the SHRM-CP® or SHRM-SCP®. For more information about certification or recertification, please visit www.shrmcertification.org.
