Chairman Howard Coble
House Committee on the Judiciary
Crime, Terrorism, and Homeland Security Subcommittee
Ranking Member Bobby Scott.
House Committee on the Judiciary
Crime, Terrorism, and Homeland Security Subcommittee
S. 1743 The Private Security Officer Employment Authorization Act of 2003
Dear Chairman Coble and Ranking Member Scott:
On behalf of the American Civil Liberties Union (ACLU), we write to express our views on S. 1743, the Private Security Officer Employment Authorization Act of 2003. This bill is scheduled for a hearing on Tuesday, March 30, 2004. We have concerns about the legislation in its present form, because employers of private security officers would be allowed access to applicants and employees arrest records that could be used to deny them employment.
This bill would allow for an employer of private security officers, with the permission of the applicant or employee, to request their criminal history records. Employers would also have to grant access of these records to applicants and employees. The Attorney General would have authority under this legislation to provide criminal history records to employers, which could include a person's arrest record, related to criminal felony charges that have not been resolved in the past year. In addition, employers could gain access to arrest records if under a state's standards for employment of private security officer's employers are permitted to consider an applicant or employee's arrest record.
We understand that some employers desire to conduct background checks on people who apply for and hold positions as private security officers. These background checks must be carried out in a way that provides employers with relevant information while protecting applicant's privacy. We are concerned that an employer who has access to arrest records will deny an innocent person a job based on arrests. People who are arrested for or charged with crimes in many cases are never convicted, therefore being arrested or charged with a crime without being convicted should not be held against them when they apply for a job. We urge you to amend Sec. 3 of the bill, to require that arrests records not be included in criminal history records given to employers of private security officers.
S. 1743 would allow for states to obtain criminal history records through submission of fingerprints by the applicants for private security officer positions or employees who hold these positions. However, the bill does not indicate whether fingerprints that are used to check criminal records would be retained by the government and used for other purposes. The government should not retain the fingerprints of people who have not been convicted nor ever charged with a crime. Therefore, we urge you to create a procedure that would prohibit the subsequent use of fingerprints for applicants who have no criminal record and are not employed as private security officers.
It is important to ensure that private security officers who protect individuals' lives and property are qualified for their positions. Also, it is essential to ensure that applicants are not improperly denied work based on arrest records. We look forward to working with you to address the privacy concerns in the legislation.
Sincerely,
Laura W. Murphy
Director
Jesselyn McCurdy
Legislative Counsel