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Call us today for a
courteous response to
any questions you may
have about employment
screening.
We will be glad to discuss
any issues and give you a
prompt and competitive
quote based on your
search volume with no
obligation.
Phone 800.459.3034
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Background Checks
Frequently Asked
Question
1. Q. How do
we cost justify Background Checks ?
There are a number of ways to look at the cost
effectiveness of background checking.
To begin with, it makes sense to hire people
whose background can be verified as they
represented it to be and who are well suited to
the job.
This also helps you avoid many potential
problems in the future, and your current
employees appreciate knowing that their
co-workers have been well screened.
Second is the avoidance of the cost of negligent
hiring and negligent retention law suits. The
courts have increasingly held Dealers and other
employers to a higher standard of protecting the
public.
The cost of these lawsuits not only includes
your legal bills, but all of your staff's time
in the preparation of materials for defense of
the suit, and your own time in the whole ordeal.
A recent article in
Automotive News
quoted a large Dealer group in the midwest as
having calculated the cost of hiring an employee
to be over $1700 and up to $4000 or more.
The cost of a criminal background check, driving
record and workers' comp claim history report is
a very small percentage of that total amount.
While the cost of a good background check
is usually less than $75, most employers know
the cost of a "Bad
Hire" is incalculable.
TWO HIDDEN COSTS:
If you cut corners and purchase background
checking records from a vendor who sells you
stored data from CDROMs, Magnetic Tapes, or
large compiled databases, you run the risk of a
large Federal fine for violation of FCRA Section
613 (2). Our sources provide recently retrieved
data. The amended law empowers each State's
Attorney General to enforce the Federal law
through their State Labor Department. A normal
audit of personnel records for any reason would
reveal your company's use of stored data.
The FCRA particularly provides for civil suit
penalties on behalf of the employee who was
damaged by illegally acquired information. For
the FTC staff opinion letter regarding "Stored
Data":
Click Here
2. Q.
What must be included in an employer's notice
of adverse action?
A. It must include the statement required by
Section 615(a)(2)(B)
that the Credit reporting Agency (Background
check Company) is not able to provide the
specific reasons for the adverse action
because it did not make the decision to take
the action. For sample letters see our Forms
page by
4. Q. In the
context of using consumer reports for
employment purposes, is it permissible to
give the notice required under Section
604(b)(3) in the same document as is used to
give the adverse action notice which is
required under Section 615(a)(2)?
A. Section 604(b)(3) requires an employer
who expects to take adverse action, based in
whole or in part on a consumer report, to
provide the individual with a copy of the
report and a summary of consumer rights
under the FCRA before the action is taken.
Section 615(a) requires certain notices to
be provided after the action is taken. As a
result, an employer's compliance with
Section 604(b) alone is not enough to comply
with Section 615(a), or vice-versa. However,
as explained in the attached staff opinion
letter (Weisberg, 6/27/97), employers may
provide the information required by Section
615(a) in a way that minimizes duplication
with that supplied pursuant to Section
604(b)(3).
5. Q. How quickly must the
employer wait before an adverse action is
taken after providing the "notice of
adverse action"
A. The law is silent as to how long the
employer must wait after making the
Section 604(b)(3) pre-adverse action
disclosure before actually taking adverse
action; it states only that the specified
items be provided before the adverse
action is taken.
Employers may wish to consult with their
counsel or Human Resources consultant in
order to develop procedures that are
appropriate, keeping in mind the clear
purpose of the provision to allow
consumers to discuss the report with
employers before adverse action is taken.
6. Q. Must employers must comply with
the requirements of Section 604(b) of
the Fair Credit Reporting Act (AFCRA@),
15 U.S.C. ' 1681b(b), when obtaining
consumer reports on current employees
suspected of criminal or other workplace
misconduct ?
A. Section 604(b)(2) of the FCRA
requires an employer who plans to obtain
consumer reports for employment purposes
to disclose this fact to each affected
consumer and to obtain the consumers
written authorization before procuring
the report.
Section 604(b)(3) requires the employer
to provide the affected consumer with a
copy of the report and the summary of
consumer rights prescribed by the
Federal Trade Commission before taking
any adverse action based on information
in the report.
There is an option, however, that would
allow an employer to conduct its
investigation confidentially without
alerting the employee until the employer
is prepared to confront the employee
with its findings.
Section 604(b)(2)(A) provides that the
disclosure informing the employee that a
consumer report may be obtained shall be
given to the employee at any time
before the report is procured or caused
to be procured@ (emphasis added).
Therefore, an employer may choose to
provide a general disclosure in writing
to all current employees and obtain
their written authorizations at one
time.
Thus, should it later become necessary
to obtain a consumer report on any
individual employee, the disclosure will
have already been given and the
authorization already obtained, and the
employee would not have to be told that
a consumer report had been procured
until the employer was prepared to take
adverse action based on information in
the report.
7. Q.
How do I decide whether to run a County
Criminal Search, Statewide Criminal Search,
Multi-State Criminal Search or a U.S.
Federal District Court Search?
All four searches involve criminal records
research, but the source of information and
the focus of each search is very different.
While it is possible for all three to yield
the same case information on a subject, your
chances of finding information will be
greater if you follow these simple
guidelines:
We strongly recommend ordering both a County
and Statewide and or a
In fact, counties may not report some
crimes to the State at all.
For example, a conviction for "simple"
battery may not be reported to the State but
an "Aggravated"
battery involving the use of a weapon would
be.
Moreover, an applicant often forgets to list
other counties they have lived in where they
may have a criminal record and in such cases
the information is more likely to show up in
the State or multi-state criminal records.
There
are, however, still other limitations to the
Statewide Criminal History Search.
Law enforcement agencies and/or courts may
not report every arrest or conviction to
their statewide repository for criminal
records.
Some police departments, for example may not
report traffic violations or misdemeanors
(less serious) crimes, while some courts may
not report the final disposition (outcome)
of a criminal case.
Of the 48 Statewide Searches we offer, eight
require a Release of Information Form signed
by the subject of your search.
Order a U.S. Federal District Court Search
only if the subject of your search has been
prosecuted by the U.S. Attorney's Office for
a violation of the U.S. Criminal Code.
These cases have been investigated by a
federal law enforcement agency such as the
F.B.I., D.E.A. etc. and meet the strict
prosecution guidelines as a crime against
the U.S. Government. This search does
not include misdemeanor or felony cases
filed in County or State courts.
A U.S. Federal District Court Search does
not require a Release of Information Form
signed by the subject of your search.
8. Q. Why doesn't a
record always show up on someone that I know
has a criminal record ?
A County Criminal
Record Search may not reveal information
about criminal cases filed in city
(municipal) courts, mayor's courts,
magistrate courts or justice courts.
The scope of a report depends upon the court
structure with specific counties. Our
County Criminal Record Search is conducted
at the court that has jurisdiction over the
more serious misdemeanor and all felony
crimes. The price charged for a County
Criminal Record Search will not allow our
provider to send a researcher to every
justice, magistrate or municipal court in a
county. We report the information on
file in the court that has the largest
jurisdiction within a county. A record
will
not
show up on a Statewide Criminal History
Search if it was not reported to the state
repository by a local law enforcement agency
or court. A statewide search is only
as thorough as the information reported by
local authorities. Remember, unless
requested, our searches are seven-year
background checks. Perhaps the offense
occurred more than seven years ago.
For more
information on the short comings of Nationwide
criminal background checks:
Click Here
9. Q. I know
someone who has been arrested in the past.
Will this report
show that?
A. There is a difference between an "arrest"
and a formal charge. The fact that
your subject was "arrested" may not show up
on our report if the prosecutor or district
attorney did not authorize a formal charge.
We only report criminal charges formally
filed in a court. If someone was
"arrested" and released without a formal
charged filed, it will not be included in
our report.
10. Q. Can I see if someone has a warrant
out for their arrest?
A. Local and state police are now prohibited
from providing warrant and wanted
information to private companies or
individuals for commercial distribution.
11. Q. I know
someone who was convicted of Domestic
Violence (Assault on a Family Member) less
than seven years ago, but the charge did not
show up on your report.
A. Domestic Violence cases may be filed in
one of several county-level courts.
The case may have been filed in Family or
Domestic Court instead of a criminal court.
Family Court records are often not
considered "public record and may not be
available to us. This does not minimize the
serious nature of the offense. It just means
the record is stored in a different place.
12. Q. Will driving or traffic violations
show up on a criminal background check?
A.
Sometimes. Traffic violations may or may not
be considered
criminal offenses. However, many states are
now combing theses records as part of the
criminal arrest data for other crimes. These records are
generally filed in municipal (city) offices
and are frequently not included in a criminal
background check. You may order an MVR
(Driving Record) Report if you know the
subject's full name, date of birth and
driver's number and state.
13. Q. If someone has been in a federal
prison, does it show up on your reports?
A. You must request a U.S. Federal District
Court Criminal Background Check.
Persons sentenced to a federal prison have
been convicted of a violation of the United
State Criminal Code - a crime against the
Federal government. A County Criminal
Record Search or Statewide Criminal History
Search will not reveal information about
someone convicted in a Federal District
Court.
14. Q. Why do you only search seven years
back? How can I obtain information further
back than that
A. Until recently, companies were prohibited
from searching more than seven years when
conducting a criminal background check.
Many companies have chosen to continue the
seven-year search. Some Courts do not
maintain records on their computerized Index
after seven-years. The records are
archived either in storage or on microfiche
files. We have chosen to provide a
seven-year search since companies and most
individuals want results quickly. You
may request a 10-year search, but we can not
guarantee the thoroughness or accuracy of
records beyond 10 years.
15. Q. What does Nolle Prossed mean?
A. Nolle Prossed is from the Latin term "Nolle
Prosqui" meaning "We shall no longer
prosecute." Basically, it's an admission by
the prosecution that there is a lack of
evidence to pursue the case. It's also used
highly in plea bargains. It's different than
a "dismissal" simply because it is the
prosecution who elects not to prosecute a
criminal case.
16. Q. What does "Deferred Adjudication"
mean?
A. Adjudication is an agreement between the
defendant and the courts to clear the charge
from the docket. For this to occur, the
defendant has agreed to complete some sort
of arrangement, such as a fine, community
service, etc. If the defendant fails to hold
up their end of the agreement, then he or
she will be convicted of the charge and
sentenced accordingly. Deferred Adjudication
is generally not considered a criminal
conviction.
17. Q. What does "Disposition" mean?
A disposition is the final outcome of a
criminal case.
18. Q. (a) What does the application form
mean by known aliases?
A. An alias or AKA (also known as) is
any name that has been used by the candidate
in the past.
Many applicants have records associated with
more than one name. For example, Jane Smith,
aged 27, may have married three years ago.
Her maiden name was Jane Brown.
It is possible that criminal records could
exist under both names, or one of the two.
The
SSN trace
will generally pick up known aliases as it
is compiled from credit bureau files. It is
the employer's decision whether to order
multiple criminal records searches under the
various aliases. While available, they will
incur additional charges.
(c) How do I order searches for
candidates with hyphenated last names?
Some applicants have a hyphenated last name,
Abdul Smith-Mohammed for example. To
completely search for possible criminal
records, two names need to be searched.
Abdul Smith and Abdul Mohammed.
Remember, a
thorough
criminal background search requires
searching under all known names.
Criminal records searches must have an exact
name match in most jurisdictions to return
records. This is vital - without this exact
match a record will not be returned. If
Abdul Smith-Mohammed was arrested and
charged as Abdul Mohammed, and you search
for records matching Abdul
Smith-Mohammed, you will usually not find
this out.
You are advised to do criminal searches on
all known aliases. Use the SSN trace results
as a guide; they will show the names that
have been used associated with the
candidate's SSN.
If you find a name you were not initially
aware of, you can order additional searches.
19. Q. Some Sheriff's office web sites
make arrest records available for free. Why
shouldn't I use these records?
A. Besides being very limited in scope, It
is illegal to use these records in
connection with an application for
employment. The Fair Credit Reporting Act
specifically prohibits use of these records
as they are "Arrest" records, not records of
convictions and thus may not be used in
matters of employment.
Remember, the source of any records you use
will likely not remain hidden in the course
of depositions that are part of a lawsuit.
20. Q. Can our Garage liability insurance
carrier provide us with Motor Vehicle
Records (MVR'S) on job applicants?
A. Most Insurance Companies can no longer
provide clients with Motor Vehicle Reports (MVR’s).
This is because Insurance Carriers have been
determined not to be "Consumer Reporting
Agencies" as defined in the Fair Credit
Reporting Act.
In the future, as part of their normal
insurance underwriting procedures, insurance
companies may request driver license
information and obtain MVR’s only for their
insurance underwriting considerations, and
will only advise you if the respective
driver does or does not meet their current
underwriting standards.
21. What is an
example of Negligent Hiring?
A. Let's assume that someone drives a
vehicle on behalf of your company, but you
have not checked his or her driving record.
Then, let's say that he or she seriously
injures someone while on company business.
Among other things, you are likely to be
sued for negligent hiring if he or she has a
bad driving record and you had not checked
it. Similarly, you need to be checking
conviction histories for sexual assault,
molestation, robbery, etc.
22. What is an
example of Negligent Retention?
A. Let's assume that you hire someone after
checking to be certain that he or she has a
good driving record. However, a year later,
due to a personal crisis, he or she starts
to drink heavily or to abuse drugs.
You do not periodically check his or her
driving record or periodically drug test him
or her, and when he or she injures someone
with a vehicle while on company business, or
assaults someone, among other things, you
are likely to be sued for negligent
retention.
23. Explain knowing Governance?
A. Knowing governance, is knowing what laws
apply in each case.
One of our strengths is a knowledge of the
various laws that affect our background
check service offerings.
On the national level our primary guide is
the Federal Trade Commission, .
We must conform to the Fair Credit Reporting
Act, the Americans With Disabilities Act,
the Equal Economic Opportunity Commission
rulings, and many other laws and guidelines
It is important to us, and to you, that we
always comply with the applicable state and
federal laws when obtaining and providing
the information that you requested and will
rely on to make employment decisions.
However, it is
important to note that as the employer you
are responsible for knowing and complying
with the various employment laws that apply
to all aspects of hiring.
To protect yourself
you should frequently meet with your
attorney or HR consultant regarding these
issues.
24. What are some
of the key Federal laws that apply to
employment background check information?
FAIR CREDIT REPORTING ACT (FCRA)
What does the law do? The purpose of the
FCRA is to require Consumer Reporting
Agencies (CRA) to adopt reasonable
procedures for meeting the needs of commerce
for consumer credit, personnel,
employment, insurance, and other information
in a manner which is fair and equitable to
the consumer, with regard to the
confidentiality, accuracy, relevancy, and
proper utilization of such information
in accordance with the requirements of
this title. Note that the amended law does
not apply just to credit reports as is
commonly thought. Also note that CRAs
are not just credit bureaus. Any
organization that issues a report on a
consumer is a CRA.
Monitored - Enforced by: Compliance with the
requirements imposed under this title
shall be enforced under the Federal
Trade Commission Act by the Federal Trade
Commission with respect to consumer
reporting agencies and all other persons
subject under the title, except to the
extent that enforcement of the
requirements imposed under this title is
specifically committed to some other
government agency.
25. Q. Do you have
a billing code designated for each
Dealership or company department so that we
do not have to research which department the
background check should be charged to each
time we receive an invoice from you?
Yes, for your convenience we have designated
a billing code for each department in the
dealership. For a list of these billing
codes:
Click Here
26. Do some states
have laws that are even more restrictive
than the FCRA?
A. Yes.
California for example has its own versions
of the FCRA which are titled the Consumer
Credit Reporting Agencies Act and the
Investigative Consumer Reporting agencies
Act. For more information on these laws:
Click Here
27. Q. What are the
provisions of the Drivers Privacy Protection
Act (DPPA)?
A. For
information on the provisions of the Drivers
Privacy Protection Act:
Click Here
28. How do we read
Driving Records Motor Vehicle Reports (MVR'S)
A. for an
explanation of the codes appearing on
drivers licenses from the various States:
Click Here
29. How do we
read credit bureau reports from the the
three major credit bureaus ?
A. for an
explanation of the reading of the credit
bureau reports from the major credit
bureaus:
Click Here
30.
Where can I get a complete list of the FTC
Staff opinion letters on the Fair Credit
Reporting Act
A. For a
complete list of the FTC opinion
letters:
Click
Here
31. What do I do
about applicants that feel they are victims of
Identity theft?
32. Q. I see criminal
records checks being offered for as little as
$10.00. Why are yours higher?
The following two links explain why our
background searches may cost more than some
being offered:
For information on the pit-falls of low-cost
criminal background checks:
For the FTC staff opinion letter on using low
cost "Database" records for
33. Q. How do I order
background checks?
A. For step by step instructions on ordering
background checks:
Click Here
34. Q. How do we read
criminal records reports and what are the law
enforcement definitions and codes used?
A. for an
explanation of definitions and codes used to
read the criminal records background checks:
Click Here
35. Q. What
percentage of the population has a criminal
record?
A. About 3.2
percent
of the adult U.S. population, or 1 in 32
adults, were incarcerated or on probation or
parole at the end of last year.
A survey conducted by SEARCH for the federal
Bureau of Justice Statistics
found that “more than 59 million individual
offenders were in the criminal history files
of the State central repositories as of
December 31, 1999”
and that the FBI had criminal record
information for more than 48 million
individuals.
These figures are probably over-inclusive —
one individual may have records in multiple
states, and the FBI records include both
individuals with federal criminal records and
individuals reported to the federal criminal
records system by the states, with no
indication as to how many of thefiles are
duplicative.
Still, it is clear that many millions of
Americans have criminal records of some sort.
A recent report issued by the U.S.Department
of Labor concluded that “about 25 percent of
the nation’s adult population live a
substantial portion of their lives having a
criminal record.”
For the statistics on the percentage of the
population in jail or on parole:
Cick Here
36. Q. Is there one
Database that contains all criminal records?
A. No. for an
explanation of the various criminal records
Databases:
Click here
and
Clck here
for information on the results from a
Multi-State criminal background check.
37. Q. Can an
employer use arrest Records in employment
decisions?
A. For the
EEOC and Civil rights law on this subject:
Click Here
38. Q. Why is it
important to run a county criminal background
check if we allready order a state or national
criminal records check?
A. For more
information on the benefits of running a
county criminal background check:
Click Here
39. Q. When
requesting a background check should we use a
suffix to the last name such as Jr. or Sr. ?
A. No. Please don't use any suffixes
when requesting background checks.
For more information on the proper way to
order searches:
Click Here
A. for a
copy of the "Summary Of rights" which
must be provided to all job applicants for
whom a background check is requested:
Clkick Here
40. Q.
How can
we avoid Being Victimized by Phony I.D.
41. Q. What are a
companies' responsibilities regarding OFAC
(Office Of Foreign Control Assets) compliance?
A.
42. Q. What is the
difference between "Sexual Predators" and
"Sex Offenders"?
A. In Florida, Sexual predators have
been convicted of the most serious crimes,
like kidnapping and rape, or have been
convicted twice in 10 years of committing or
attempting to commit dangerous sex crimes.
Sexual offenders have been convicted of crimes
considered less heinous.
Schools and daycare facilities within a 1-mile
radius must be notified within 48 hours of a
sexual predator relocating to the area.
43.
Q What are the new Florida requirements
effective Feb. 01 2008 regarding the drivers
licenses of sexual offenders and sexual
predators?
A. The new law requires that
sexual
predators have “775.21, F.S.”
printed on the bottom-right corner of their
driver license or state identification card.
The number 775.21, F.S. is the Florida
law known as the Florida Sexual Predators Act.
Sexual offenders are required to have
“943.0435, F.S.” printed on the
bottom-right corner of their driver license or
identification card, for the corresponding
Florida statute dealing with sex offenders
The 43,000 sexual offenders and predators in
Florida have until Feb. 1, 2008, to obtain a
marked license or identification card, the
Florida Department of Law Enforcement
reported. Failure to comply with the law is a
third-degree felony.
44. Q. We determined
that an employee/applicant had been convicted
as a sex offender. What should we do?
45. Q. What must we
do in order to comply with the Fair And
Accurate Credit Transaction Act (FACT) as far
as protecting employee information contained
in background checks?
Disclaimer And
Terms Of Use
None of the information in this web site
should be construed as legal or insurance
advice.
All forms, policies, terms, information and
procedures should be reviewed by your legal
counsel before being used in any way.
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