In 2026, new legal and regulatory changes are pushing employers beyond simple compliance checklists and toward screening processes that are thoughtful, defensible, and well documented. It has become clear that background screening is no longer the only measure of compliance. How that check is conducted, interpreted, documented, and acted upon now matters just as much.
This shift is being driven by a convergence of clean slate legislation, expanding fair chance requirements, screening relevant to the role, and a growing expectation that employers understand their screening decisions. For employers, this means compliance risk is no longer isolated to a single adverse action or missed notice. It lives within the overall integrity of their screening program.
Clean Slate Laws
Automated record sealing and expungement processes now operate in many jurisdictions with little or no notice to employers. Records that were once legally reportable can become restricted overnight, creating real risk for organizations relying on outdated data. In 2026, compliance increasingly depends on whether screening results reflect what is legally reportable at the time a decision is made, not what existed prior. Employers are expected to demonstrate that their screening process actively monitors court data, applies jurisdiction-specific rules, and suppresses records that should no longer be considered.
Fair Chance Act
Many jurisdictions now regulate not only when criminal history can be reviewed, but how employers must evaluate it. Individualized assessments, consistent decision-making, and proper notice timing are no longer best practices, they are enforceable expectations. Regulators and plaintiffs’ attorneys are increasingly focused on whether employers can explain their decision-making process in a clear, consistent, and documented way. In this environment, informal or inconsistent workflows present real exposure.
Credit History
More states and local jurisdictions continue to limit the use of credit checks to narrowly defined roles, placing the burden on employers to demonstrate job-relatedness and business necessity. Blanket screening policies that once felt efficient now pose unnecessary risk. In 2026, compliance requires thoughtful alignment between role requirements and screening scope, supported by documentation that explains why specific searches are used.
Drug Screening
As cannabis laws continue to vary by state, employers are navigating conflicting requirements related to testing, accommodations, and adverse action. Many jurisdictions now expect employers to define safety-sensitive roles with precision and apply testing programs accordingly. Adding to the challenge is increased awareness of test evasion methods, which has placed additional emphasis on collection integrity and program oversight. The question employers face is no longer whether they test, but whether their testing program is intentional, compliant, and defensible.
Employer Guidance
As we enter 2026, employers should focus on building thoughtful adjudication processes, consistent hiring policies, and ensuring decisions are made in a fair and defensible way. As screening requirements continue to vary by state and city, employers can no longer rely on outdated policies.
Employers benefit from working with an accredited background screening company that stays ahead of changing laws, helps translate regulatory requirements into practical hiring guidance, and supports consistent decision-making across the organization.
At GIS, we view compliance as an ongoing process, not a static checklist. Our approach is built around accuracy, jurisdiction-specific expertise, and transparency at every stage of the screening lifecycle. In today’s environment, compliance isn’t just about accessing data, it’s about having a partner who helps you use that information responsibly and confidently.
GIS continuously monitors legal and regulatory developments that affect background screening and integrates those changes into our searches, reporting practices, and workflows. We focus on ensuring that only legally reportable information is delivered, that adverse action processes align with applicable compliance requirements. Just as importantly, we help clients understand what their results mean and how to apply them.
The compliance landscape will continue to evolve, but the direction is clear. Background screening is no longer about checking a box. It is about building a process that is accurate, fair, and defensible. Employers who adapt to the shift will successfully manage risk, protect their organizations, and hire with confidence.