Background Check Information: A First Amendment Issue?
A recommendation to help ex-offenders in Georgia get jobs is butting up against the First Amendment.Broadcast Version
The recommendation comes from Governor Nathan Deal’s Criminal Justice Reform Council which is part of Deal’s push to help people re-enter society after they get out of prison.
The council recommends making sure companies doing background checks report accurate information under existing law.
According to Thomas Worthy, who co-chairs the Council, “Those potential employees should have a process to which they can avail themselves to correct any omissions or any incorrect information just as people have that same or similar process when dealing with the criminal history database maintained by the GBI (Georgia Bureau of Investigation).”
Georgia First Amendment Foundation Executive Director Hollie Manheimer disagrees with altering legal records for any reason. “As soon as you start making records disappear or go away, you’ve got a problem,” says Manheimer. “Folks who want to clear their good name can’t do it, and folks who probably do have something on their record can’t show it or not show it.”
The council also recommends that a cause of action be available if the reporting agencies fail to comply but Worthy says it will leave the details on how to achieve the recommendation up to the General Assembly.
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