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Updated · Aug 01, 2023
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Background checks are crucial when vetting potential employees, tenants, or other types of applicants as they reveal information relevant to their eligibility for the role.
That said, “Does a 302 show up on a background check?” becomes an important question, as involuntary mental health commitment may disqualify certain applicants.
Thankfully, a typical background check excludes mental health records since they are protected under the Health Insurance Portability and Accountability Act (HIPAA).
It is also important to understand what your background check consists of before agreeing to them.
But there are still some exceptions that we review below!
Section 302 is a regulation under Article III of the Pennsylvania Mental Health Procedures Act that allows the state to involuntarily detain and check for mental illness persons who are a danger to themselves, those around them, and the environment.
Once a 302 is authorized and processed, detainees must be released after 120 hours unless a 303 for an extended involuntary treatment is filed.
Note: Other U.S. states enforce equivalent statutes with similar provisions.
In general, background checks do not include medical records of any kind, regardless of the applicant’s state of residence, as the aforementioned federal act protects them.
Nonetheless, certain sensitive positions, especially those in law enforcement, federal government jobs, and medical professions, require applicants to pass a mental health check—a procedure that often also looks at the candidate’s past mental history.
Gun owners are also affected by involuntary mental health checks as they are disqualified from handling firearms according to the Federal Firearms Prohibition under 18 U.S.C. Section 922(g)(4), which prevents the sale of guns to persons with mental issues.
Individuals whose mental health issues lead to certain crimes or other types of offenses will be revealed in standard background checks as part of their criminal history.
For instance, employers and landlords conducting checks in Pennsylvania will likely learn about a 302 on an applicant’s record if it was connected to a past crime.
However, criminal records can be expunged under certain circumstances and/or disappear after a set number of years, depending on the offender’s state laws.
In any case, regardless of whether or not employers are able to access the candidate’s medical records, they are prohibited from basing their hiring decision on them.
In addition to an involuntary detainment, other mental health-related issues and actions may also pop up on a background check, especially if they are crime-related:
As you can see, your medical history is protected by law and will not appear on a standard background check if the incident has not been recorded as part of a crime.
Does a 302 show up on a background check? In general, your mental health records are considered sensitive health information and, as such, are protected under federal law.
While it is possible to find the owner of a phone number and their address through background check tools, accessing health information such as a 302 is illegal.
That said, with sufficient cause and legal exemptions, such as those involving court orders and working in mental health institutions, your records will matter and may be accessed.
It is important to remember that background checks may take time and it is possible to remove personal information from a background in the U.S.
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