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A Georgia licensee orders a background check limited to the last 7 years and to Georgia counties only. Absent a legally required limitation, may the licensee restrict the check by time and geography this way?

Correct Answer

B) Deficient: no time or geographic limits unless the law requires them

The criminal background checks conducted by the commercial entity must have no time period limitations, geographic limitations or other restrictions in the search criteria, unless such a limitation is required by applicable federal or state law. Other choices: a customary seven-year window is exactly the kind of limitation excluded; residence history does not license a geographic limit; and the rule removes limits rather than setting a 10-year one. Source: Ga. Comp. R. & Regs. 80-11-1-.05(3)

Answer Options
A
Sufficient, because seven years is the standard reporting period
B
Deficient: no time or geographic limits unless the law requires them
C
Sufficient where the employee has lived in Georgia for those 7 years
D
Deficient: the search must instead cover a full 10 years everywhere

Why This Is the Correct Answer

The criminal background checks conducted by the commercial entity must have no time period limitations, geographic limitations or other restrictions in the search criteria, unless such a limitation is required by applicable federal or state law. Other choices: a customary seven-year window is exactly the kind of limitation excluded; residence history does not license a geographic limit; and the rule removes limits rather than setting a 10-year one. Source: Ga. Comp. R. & Regs. 80-11-1-.05(3)

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