Virginia’s New Clean Slate Law Brings Changes for Employers

Effective July 1, 2026, Virginia’s Clean Slate law introduces a significant change to how certain criminal records are handled. The law allows qualifying records to be sealed from public access, giving eligible individuals an opportunity to move forward without some past offenses continuing to create barriers to employment, housing, and other opportunities.

While the law is intended to expand second chances, it also serves as a reminder that employers should regularly review their hiring practices to ensure they remain compliant with changing state laws.

How the Law Works

Virginia’s Clean Slate law does not apply to every criminal record. Instead, it establishes criteria that determine whether an individual may have an eligible record sealed. Depending on the type of offense and the circumstances of the case, some records may be sealed automatically after specific waiting periods, while others require the individual to petition the court for relief.

Because eligibility varies, employers should not assume that every prior conviction or charge will continue to appear on a background check.

What This Means for Employers

As more eligible records become sealed, employers may notice differences in the information returned during background screening. A report that previously contained certain criminal history may no longer include records that have been legally sealed under Virginia law.

For employers, this reinforces the importance of making hiring decisions based only on legally reportable information rather than expecting a background check to reveal every historical offense.

It is also an opportunity to review internal hiring policies and ensure that criminal history is evaluated consistently and in accordance with applicable federal, state, and local regulations.

Why Compliance Matters

Employment screening laws continue to evolve across the country, with many states expanding record-sealing initiatives and other fair chance hiring measures. These changes highlight the need for employers to work with screening providers that stay current with legislative updates and provide reports that reflect applicable reporting requirements.

Attempting to rely on outdated records or information obtained outside of a compliant background screening process can create unnecessary legal risk.

Preparing for Future Changes

Virginia’s Clean Slate law is part of a broader trend toward expanding access to record sealing and second-chance opportunities. As similar legislation continues to emerge in other states, employers should periodically review their background screening policies, adjudication procedures, and hiring practices to ensure they remain aligned with current laws.

A well-designed background screening program balances workplace safety with compliance by helping employers make informed hiring decisions using accurate, legally reportable information.

As employment laws continue to change, staying informed is one of the best ways organizations can protect both their hiring process and the candidates they evaluate.

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GIS is here to help employers navigate evolving background screening laws. If you need assistance reviewing your screening practices or understanding how your state’s laws may impact your hiring process, please contact us.

Summer Employment Scams Are on the Rise: What Job Seekers and Employers Should Know

The summer hiring season brings new opportunities for students, recent graduates, and seasonal employees entering the workforce. Unfortunately, it has also become a prime time for employment scammers looking to take advantage of individuals eager to find work.

Recent reports show a significant increase in job-related fraud, with scammers using increasingly sophisticated tactics to steal money, personal information, and even identities. Rather than relying on obvious warning signs, many fraudsters now invest time in building trust before attempting to exploit their victims.

How Modern Employment Scams Work

Today’s job scams often begin with an unexpected message claiming to offer an exciting employment opportunity. These messages may arrive by text, email, or through social media platforms and frequently advertise flexible schedules, remote work, or salaries that seem unusually generous.

Unlike older scams that immediately requested payment, many fraudsters now take a more gradual approach. They may communicate with candidates over several days, conduct what appears to be an interview, or even provide small incentives to establish credibility before requesting sensitive information or money.

Once a candidate believes the opportunity is legitimate, the scammer may ask for payments related to equipment, training, onboarding, or other supposed employment expenses. In many cases, the promised job never existed.

Common Warning Signs

While every situation is different, several indicators may suggest that a job opportunity deserves closer scrutiny:

  • An employer reaches out unexpectedly without the candidate applying.
  • Compensation or benefits appear significantly better than similar positions.
  • The hiring process moves unusually fast with little verification.
  • The employer requests payment before employment begins.
  • Communication occurs only through messaging apps or unofficial channels.
  • The company is difficult to verify through independent research.

Legitimate employers generally do not require applicants to pay fees to secure a position or receive company-issued equipment.

The Risk Beyond Financial Loss

Employment scams can expose victims to more than lost money. Many fraudulent hiring schemes are designed to collect personally identifiable information such as Social Security numbers, driver’s license information, banking details, or other sensitive documents.

Once obtained, this information can be used for identity theft, financial fraud, or other criminal activity long after the fake job offer has disappeared.

Employer Guidance

While job seekers are often the direct targets, employers also have a role to play in reducing fraud. Criminals frequently impersonate legitimate organizations by copying company logos, creating fake recruiter profiles, or posting fraudulent job advertisements using recognizable business names.

Employers can help protect applicants by:

  • Clearly listing open positions through official hiring channels.
  • Encouraging candidates to apply only through verified company websites.
  • Educating applicants that legitimate employers will not request payment during the hiring process.
  • Monitoring for fraudulent postings that misuse the organization’s name or brand.

Organizations should also ensure they have secure hiring processes that verify applicant identities and protect sensitive personal information throughout the recruitment process.

Staying Vigilant

As technology continues to evolve, employment scams are becoming more convincing and more difficult to recognize. Taking time to verify an employer, research a company independently, and question offers that seem unusually attractive can help job seekers avoid becoming victims.

For employers, maintaining transparent hiring practices and implementing strong identity verification and background screening procedures can help protect both candidates and the integrity of the hiring process.

Awareness remains one of the most effective tools in preventing employment fraud. By understanding how these scams operate, both employers and job seekers can make informed decisions and help create a safer hiring environment.

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As hiring fraud continues to evolve, employers need trusted tools and reliable partners to help protect both their organizations and their candidates.

GIS is committed to helping employers navigate today’s hiring challenges through compliant background screening solutions. If you have any questions regarding identity verification technology, and ongoing education on emerging risks or employment laws, please contact us.

The Hidden Cost of Waiting Too Long to Build HR Infrastructure

As organizations grow, operations often move faster than structure. Hiring accelerates, managers absorb larger teams, and decisions get made quickly to keep up. Growth is the goal. But many companies delay formalizing their people processes until something breaks, and by then the fix is far more expensive than it ever needed to be.

The absence of HR infrastructure rarely announces itself. It surfaces gradually through inconsistent hiring decisions, unclear accountability, reactive employee relations, and managers improvising their own rules. Documentation drifts. Leaders spend more time reacting than building.

What feels “flexible” quietly becomes exposure. And the highest concentration of risk sits at the very start, the moment of hire, where most organizations move fastest and document least.

That is precisely where screening and onboarding compliance matter most. A disciplined hiring foundation should include:

  • Background screening applied consistently across every role, with clear, documented adverse-action steps
  • I-9 completion and reverification within required timeframes, stored separately from personnel files
  • Consistent offer, classification, and onboarding practices
  • Defined compensation and pay-equity standards
  • Documentation and compliance aligned across states and entities

These are not administrative details. They are the points where a single miss can quickly become a compliance, legal, or financial issue. An inconsistent screening process can become an FCRA or discrimination claim. A skipped adverse-action step can do the same. A late I-9 can surface in an audit with per-form penalties. A misclassified role can trigger back pay and damages. Any one can cost more than years of building the process correctly.

The organizations that get hurt are rarely the ones that screened too carefully. They are the ones that treated the hiring moment as a formality and discovered, too late, that it was the riskiest decision they made all year.

Structure does not slow growth.

It protects it.

As regulatory scrutiny continues to increase across states, building people infrastructure before you need it is no longer optional. It is risk management, and at the point of hire, it is your first and cheapest line of defense.

Growth exposes what structure has not yet solved. BMI HR Advisors helps companies close those gaps before they become costly.

Maria Perez-Marom, Principal, BMI HR Advisors, Inc., Strategic HR Advisory for Multi-State and Remote Workforces

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HR professionals are on the front lines of hiring, compliance, and talent management, giving them a unique perspective on the challenges and trends shaping the employment landscape. Their insights are invaluable for understanding how background screening practices intersect with evolving laws, workforce expectations, and organizational goals. In this article, we draw on the expertise of HR leaders to highlight key industry trends and provide actionable guidance for employers.

For questions about background screening laws, best practices, or compliance guidance, please contact us.

Summer Is Here: Are Your Seasonal Staff Properly Screened?

As the school year comes to an end, summer camps, youth sports programs, childcare providers, enrichment programs, and recreation departments are preparing for their busiest season. Many organizations rely on seasonal employees, volunteers, and temporary staff to support increased participation throughout the summer months.

While filling these positions quickly is often a priority, ensuring the safety of the children and families you serve should remain at the forefront of every hiring decision. A thorough background screening program can help organizations make informed hiring decisions, reduce risk, and create a safer environment for participants.

Why Summer Programs Face Unique Screening Challenges

Unlike year-round hiring, summer staffing often involves large volumes of applicants hired within a short timeframe. Organizations may be recruiting camp counselors, coaches, bus drivers, lifeguards, activity coordinators, and volunteers simultaneously.

The pressure to onboard staff quickly can sometimes lead to shortcuts in the hiring process. However, positions that involve direct interaction with children require careful screening and verification before individuals are placed in trusted roles.

Key Background Checks for Summer Program Staff

Criminal History Searches

Criminal background checks are often the foundation of a summer hiring screening program. These searches can help identify criminal records that may be relevant to the position and assist organizations in evaluating potential risks.

Criminal screening is commonly recommended for:

  • Camp counselors
  • Childcare staff
  • Program directors
  • Recreation employees
  • Youth sports coaches
  • Volunteers working directly with children

Organizations should ensure that any criminal history review is conducted consistently and in compliance with applicable federal, state, and local regulations.

Sex Offender Registry Searches

For organizations serving minors, sex offender registry searches can provide an additional layer of protection. These searches help identify individuals listed on state or national sex offender registries and are commonly included in youth-serving screening programs.

Motor Vehicle Record (MVR) Checks

Many summer programs rely on transportation services to move participants between activities, field trips, or program locations. Any employee responsible for operating a vehicle should undergo a Motor Vehicle Record (MVR) check.

MVR checks can help organizations review:

  • License status and validity
  • Driving violations
  • Suspensions or revocations
  • Serious driving offenses

Common positions requiring MVR checks include:

  • Bus drivers
  • Van drivers
  • Transportation coordinators
  • Staff responsible for field trip transportation

Employment and Reference Verification

Past employment and professional references can provide valuable insight into an applicant’s experience working with children and their overall suitability for the role.

Verifications can help confirm:

  • Relevant work history
  • Positions held
  • Dates of employment
  • Professional references and feedback

Ongoing Monitoring

Hiring is not a one-time event. For organizations operating year-round youth programs, ongoing criminal monitoring or periodic rescreening may help identify reportable events that occur after the initial background check has been completed.

Building a Safer Summer Program

Parents trust summer organizations to provide a safe environment for their children. A comprehensive screening program helps demonstrate that commitment while supporting responsible hiring practices.

Whether hiring camp counselors, coaches, childcare providers, volunteers, or transportation staff, implementing the appropriate background checks can help organizations reduce risk and make informed decisions throughout the summer season.

As summer hiring ramps up, now is the ideal time to review your screening policies and ensure your program is prepared for a safe and successful season.

At GIS, we are committed to helping organizations create safer environments for the communities they serve. Protecting your organization, and the vulnerable populations who depend on it, is at the core of what we do. If you have questions about your summer hiring or background screening process, please contact us.

HR Insights: A Spring Reset for Your Organization

As the ground softens and sunny days get longer and warmer, it’s a natural time to do some “spring cleaning” in your organization. Spring is when organizations reset what’s drifted. Whether it’s paperwork piling up, outdated practices, missed conversations, or a lack of follow-up, this is a good time to address gaps before they become larger compliance or operational issues. A quick check now can help prevent larger issues later. Here are a few areas worth revisiting to set your business up for a successful summer:

Benefits & Employee Experience Check-In

Revisit your benefits package and look at what employees are actually using. This is a good time for leadership to check in with their teams to understand what’s working and what isn’t. Tailor your offerings accordingly and consider cutting what’s unnecessary. Review utilization data and renewal costs to determine whether your current offerings are delivering value or if adjustments are needed to better align with employee needs and budget. Even a small engagement can close a long-overdue feedback loop and make a meaningful difference. Just think – Are my benefits still aligned with my employees’ needs?

I-9 Reviews

Audits can be nerve-racking. A thorough review of your I-9s this spring can help reduce risk. Ensure they are accurate, completed as required, and stored properly. Best practice is to maintain I-9s separately from other employee files to limit exposure and allow for a more efficient audit process.

Personnel Files

Clean out your files! Personnel files should contain only job-related documentation, such as offer letters, performance evaluations, disciplinary actions, and signed policy acknowledgments. These files should clearly tell the story of the employee’s work history and relationship with the company. Sensitive information should not be stored in personnel files and should be maintained separately. One of the most common areas of confusion is medical documentation. Medical records must be kept separately, with restricted access, including any records related to leave requests, accommodations, or other health-related information. By keeping these records separate, you protect not only the employee’s privacy but also ensure compliance with confidentiality requirements.

Performance Evaluations

Spring is a great reset point if you’re noticing some stalling after year-end reviews. Refresh goals, realign expectations, and keep momentum moving. Check in with management to ensure they are aligned and leading their teams effectively. Shifting from annual reviews to ongoing conversations helps maintain engagement and clarity across the organization. An aligned organization is powerful.

While you’re reviewing your forms, documentation processes, and files, this is also a great opportunity to check for consistency. Documentation should be clear and objective across employees to ensure fairness. Gaps, vague language, or inconsistent records can create risk over time, especially when strategic decisions need to be supported.

As part of a general compliance check, consider the following:

  •  Do these processes reflect any new federal laws or regulations that took effect this year?
  • Are there any state-specific changes in laws and regulations in the state(s) in which I operate? If so, do my processes follow these changes?
  • Are my policies outdated?

Even if nothing feels different, something likely is. Federal and state laws are constantly changing and can easily be overlooked. A short compliance and documentation review now can help reduce risk and keep your organization operating smoothly through the rest of the year.

Trisha Berk, MAIOP, SHRM-CP, HR Generalist, CompLyons HR Consulting, LLC

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HR professionals are on the front lines of hiring, compliance, and talent management, giving them a unique perspective on the challenges and trends shaping the employment landscape. Their insights are invaluable for understanding how background screening practices intersect with evolving laws, workforce expectations, and organizational goals. In this article, we draw on the expertise of HR leaders to highlight key industry trends and provide actionable guidance for employers.

For questions about background screening laws, best practices, or compliance guidance, please contact us.

Balancing Speed and Accuracy in Background Screening

In today’s fast pace hiring environment, speed has become a defining factor in the background screening industry. Organizations are under pressure to fill open roles quickly, while candidates are eager to begin their new positions without delay. As a result, many screening providers have shifted their focus toward delivering results as fast as possible.

While quick turnaround times can help keep the hiring process moving, speed alone is not enough. When accuracy is compromised, the consequences can be significant. An incomplete or incorrect background report can lead to uninformed hiring decisions, potentially introducing risk into an organization. Whether it’s missing critical information or reporting inaccurate data, even small errors can have far-reaching impacts.

Beyond internal risk, there are also compliance considerations. Background screening and reporting laws are ever changing,  and accuracy plays a critical role in maintaining that compliance. Reporting incorrect or outdated information can expose organizations to legal challenges, reputational damage, and unnecessary liability. In this space, diligence is not optional, it’s essential.

It Matters to Us

At GIS, we believe that speed and accuracy should work together, not compete. We understand the urgency behind hiring and the need to move efficiently, but never at the expense of quality. Our approach is built on balancing both priorities, ensuring that reports are delivered in a timely manner while maintaining the highest level of accuracy.

Every search we conduct is approached with a strong focus on detail and verification. Thorough quality assurance processes are in place to help ensure that the information provided is complete, reliable, and compliant with current regulations. This level of diligence helps reduce the risk of errors and gives organizations confidence in the decisions they make.

What It Costs

It’s important to recognize that faster is not always better if it leads to gaps in information. A report that is delivered quickly but lacks accuracy can ultimately slow an organization down or run them additional costs, requiring corrections, or even re-screening.

At its core, background screening is about trust. Organizations rely on accurate information to make informed hiring decisions that impact their people, their operations, and their reputation. By prioritizing both speed and accuracy, GIS helps ensure that this trust is well placed.

In an industry where cutting corners can create real consequences, taking a thoughtful and thorough approach makes all the difference. Speed matters, but accuracy is what makes it meaningful.

At GIS, our commitment to quality, accuracy, and compliance allows us to provide a more thoughtful and dependable approach, helping organizations build their team with confidence while staying compliant every step of the way.

If you have any questions about your current background screening process, please don’t hesitate to contact us.

Rhode Island Proposes Clean Slate Law and Automatic Expungement

Rhode Island recently proposed their own Clean Slate Act. If passed, it would enable automatic expungement of eligible criminal records for an estimated 77,000 residents. Under the current Rhode Island Law, individuals must actively petition the court for expungement, followed by a judicial review and hearing to determine eligibility. The proposed legislation would remove the need for this step in many cases, shifting the process toward an automated system where the court would independently identify and seal eligible records.

If passed, Rhode Island will join more than a dozen other states that have adopted similar clean slate initiates aimed at streamlining record sealing.

Impact on Background Screening

Clean slate legislation has a direct impact on employment background screening practices. Traditionally, criminal record checks rely on publicly available court data and state repositories. However, automation of expungement processes means eligible records may be sealed more quickly and without direct court filings by individuals.

For employers and background screening providers, this shift highlights the importance of:

  • Maintaining access to up-to-date and compliant data sources
  • Understanding state specific expungement and sealing laws
  • Ensuring screening practices remain compliant with ever changing laws

As more states move toward automated systems, the timing and accuracy of record reporting become increasingly important in hiring decisions.

Employer Guidance

As clean slate laws continue to expand, employers should take proactive steps to ensure their hiring processes remain compliant and effective. This includes staying informed on state legislation and understanding how expungement and record sealing laws differ across the jurisdictions where they hire. Employers should also work with compliant background screening partners that actively update data sources and adhere to all applicable reporting standards.

In addition, organizations should regularly review their hiring policies to ensure they align with evolving legal restrictions on the use of criminal history in employment decisions. Focusing on job relevance when evaluating criminal records, will help that any consideration of past convictions is consistent with fair hiring practices and the requirements of the role.

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Partnering with an accredited background screening provider that stays current with state and local laws and regulations can help ensure your organization remains compliant throughout the screening process.

GIS is committed to staying ahead of evolving reporting requirements and regulatory changes. If you have any questions about your local reporting laws or compliance considerations, please contact us.

Two Men Sentenced in Stolen Identity Remote Hiring Scheme

Federal authorities recently uncovered a long-running scheme involving two New Jersey men linked to efforts that helped fund North Korea’s weapons of mass destruction programs. The operation involved overseas IT workers who used stolen identities of U.S. individuals to obtain remote positions with American companies.

These workers were able to pose as legitimate domestic employees while gaining access to corporate systems, including roles at major Fortune 500 companies and firms operating in sensitive industries.

According to federal authorities, U.S. based facilitators played a key role in enabling the fraud by creating fake business entities, managing shipments and hosting of company issued laptops, and setting up remote access tools designed to conceal the true location of the workers. In some cases, these arrangements allowed unauthorized individuals to gain access to internal systems and sensitive company data after onboarding.

Over time, the scheme exposed serious vulnerabilities in remote hiring practices and identity verification controls, as fraudulent workers were successfully integrated into U.S. company environments under false identities.

Stolen Identity

This case reflects a growing trend in hiring fraud where the primary risk is no longer limited to falsified resumes, but has expanded into full scale identity fraud.

Beyond concerns of exaggerated experience, employers are now experiencing threats such as:

  • Stolen or entirely fabricated personal identities
  • Remote work setups that avoid in person identity verification
  • Ability to bypass screening or verification processes

Remote hiring significantly increases fraud risk due to the lack of face-to-face interaction, making it easier for individuals to present themselves as legitimate candidates without ever being physically verified.

Organizational Risk

The impact of fraud extends far beyond simple hiring deception. In cases like this, organizations can face significant financial losses from wages paid to fraudulent employees, as well as exposure of sensitive company data, including proprietary systems and technical information. These situations can also lead to cybersecurity breaches, particularly when unauthorized individuals are granted access to internal networks.

In addition, companies may experience operational disruption that requires costly remediation efforts and system audits. In more severe cases, especially those involving defense-related or regulated data, there can even be national security implications. Ultimately, the risk to employers is not limited to hiring the wrong individual, it can escalate into data compromise, regulatory exposure, and long-term reputational damage.

Background Screening Fraud Technologies

This case reinforces the importance of conducting thorough background screening throughout the hiring process. Even when criminal history checks, employment verification, and credential validation are completed, those measures can be compromised if the applicant’s underlying identity information is falsified or incorrect.

New background screening technology, such as biometric identity verification, adds an additional layer of protection by helping confirm that the individual applying for the role is truly who they claim to be. This is especially critical for remote positions, where candidates may never meet employers in person, making traditional verification methods more challenging.

Employer Guidance

As identity fraud becomes more prevalent in hiring, it is increasingly important for employers to strengthen key areas of their screening and hiring processes.

Identity Verification – Implementing more robust verification methods helps ensure that candidates are who they claim to be before onboarding begins.

Monitor Red Flags – Paying close attention to inconsistencies in personal information, unusual access patterns, or discrepancies in location can help identify potential warning signs.

Continuous Monitoring – Post hire monitoring or periodic re-verification, especially in sensitive roles, can help detect and prevent risks that may emerge after employment has started.

Partnering with an accredited background screening provider that offers advanced protective technologies is essential to strengthening the overall screening process.

Click here for more information.

GIS recognizes that fraud continues to evolve, which is why we are committed to continuously enhancing our solutions to help protect our clients and their organizations. If you would like to discuss your current background screening process or preventative measures, please contact us.

Rhode Island Privacy Act Now In Effect

The Rhode Island Data Privacy Act (RIDPA) represents the state’s entry into the expanding landscape of comprehensive privacy laws across the United States. Designed to give residents more control over their personal information, the law also establishes clear responsibilities for businesses that collect and use that data.

Who Is Covered by the Law

RIDPA applies to businesses and organizations that determine how and why personal data is processed, referred to as “controllers”, and that either operate in Rhode Island or target products or services to its residents.

A controller falls within the law’s scope if it meets at least one of the following thresholds within a calendar year:

  • Processes personal data of 35,000 or more Rhode Island residents, excluding data used solely to complete financial transactions;
  • Processes data of 10,000 or more residents and derives over 20% of its gross revenue from selling personal data

The law defines personal data broadly as information that can be linked to an identifiable individual. However, it excludes de-identified data and information that is already publicly available.

Exceptions

Certain entities are not subject to RIDPA, including government agencies, nonprofit organizations, higher education institutions, and specific industries already regulated under federal privacy laws. Additionally, several categories of data, such as protected health information and certain education or driver-related records are exempt.

Consumer Rights Under RIDPA

The law grants Rhode Island residents several rights regarding their personal data. Individuals may:

  • Confirm whether a business is processing their data and access that information
  • Request a copy of their data in a usable format
  • Correct inaccuracies in their data
  • Request deletion of their personal information
  • Opt out of certain types of processing, including targeted advertising, data sales, and profiling

Businesses must respond to these requests within 45 days, with a possible extension if necessary. Generally, at least one request per year must be fulfilled at no cost to the consumer.

If a request is considered excessive or unfounded, the business must justify that determination and may either charge a fee or decline to act.

Employer Guidance

While the Rhode Island Data Privacy Act includes exemptions for certain employment-related data, employers should still align their broader data practices with the law’s core expectations. Employers should also ensure their data processing practices are non-discriminatory and provide a mechanism for individuals to withdraw consent where applicable, honoring those requests within a reasonable timeframe.

In addition, organizations should be mindful of obligations tied to higher-risk data activities, such as conducting data protection assessments where appropriate. Just as important is the oversight of third-party vendors. RIDPA expects formal agreements with service providers that address confidentiality, proper data handling, and accountability. Even where exemptions apply, adopting these practices can help employers strengthen compliance, reduce risk, and stay prepared for the evolving landscape of state privacy laws.

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GIS is here to support your organization as privacy laws continue to evolve. If you have any questions about your states privacy laws or compliance obligations, please contact us.