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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We are a private owned staffing firm in NC and SC. Some of

Customer Question

We are a private owned staffing firm in NC and SC. Some of our clients are asking for a copy of the background report that we ran on the candidates that are working for their company. Is it legal to share this document and if so what NDA or release forms should we have with the client prior to sending over such private information?
Thank you,
Teri ********
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It is legal to share information of any public record found for the candidates. Examples of public records include: arrests, convictions, divorces, title ownership, etc.

However, it is not legal to share any information which is not public record without a specific release from the candidates. Examples of non-public records include: medical records, or credit score.

There is no mandatory NDA to give to the client.

However, the candidates should sign a release if the information includes any non-public record.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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