Is it legal for your background check to be disclosed?

UPDATED: Sep 30, 2022

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Is it legal for your background check to be disclosed?

I had to complete a background check to volunteer at a school district in
Wisconsin. I did not pass the background check and they disclosed to the agency,
not me, that I did not pass my background check and I will not be able to
volunteer with the school district. The agency told my employer I did not pass
the background check and in return I was terminated due to my background check.
Was it legal for the school district to disclose my background check?

Asked on October 24, 2016 under Employment Labor Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It may be disclosed unless they agreed in writing to keep the results confidential or not disclose then, or they obtained your consent to the check only on the express or explicit promise of keeping it confidential. Otherwise, background checks access publically available information, and publically available information may be disclosed. (If they did agree to keep it confidential and violated that agreement, you could sue them for breach of contract.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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