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Saved a dollar, lost $1.1M, If only they had done a background check.. Dealership controller embezzles $1.1 million. Employee at BMW store sentenced to 21/2 years. Previous record of improprieties with past employers

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Updated resources for compliant background checks Government and industry know-how publications regarding using background checks for determining employment and rental decisions. Updated compliance changes.

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Performing Background Checks on a Global Basis  

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New EEOC Discrimination Guidance for Employees National Origin  

The post Always a first: Philadelphia’s new law prohibits employers to inquire potential employees about their past salary history appeared first on USAbackground.

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Always a first: Philadelphia's new law prohibits employers to inquire potential employees about their past salary history  

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Wisconsin Public Records Searches  

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Background Checks - Not all background check companies are created equal.

Wyoming Public Records  

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Do you really need criminal background checks?  

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Compliance Guide for Employment Background Checks  

The post Giving ex-convicts a second chance in society appeared first on USA Background Checks.

Oftentimes young people make mistakes whether due to socio-economical circumstances, immaturity, lack of adult mentor guidance or simple peer pressure. Sadly, most of them could have done something better if given the chance to prove themselves.

The most significant challenge an ex-convict experiences after being released from prison is finding a job. Despite the fact that they have already paid their debt to society, employers understandably are somewhat concerned with regards to employing an ex-convict as they will not pass an employment background check and thus, if hired makes the employer a target for a negligent hiring lawsuit in the event of a mishap.

Currently the state of Ohio has taken an interesting approach to tackle this problem and provide support for both the ex-offender and the employer. They are providing accreditation of achievement for the ex-convict as well as certifications of qualification for employers who volunteer to take part of this program.

The idea behind the certification is to forgive the employer of any accountability if the former offender does something illegal on the job, the employer cannot be sued for negligent hiring.

This concept takes away the burden from employers when they assume the risk on an ex-con that wants to return to being productive member of society. Read more…



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Giving ex-convicts a second chance in society  

The post Background Checks: Damned if you do, damned if you don’t appeared first on USA Background Checks.

Traditionally, the intended purpose of doing background checks has been to verify and/or find information you may not know about someone’s past. Doing so, enables you to become better informed about someone you are about to place your trust in. So far, sounds simple enough.

Enter lawmakers, regulatory governing bodies, consumers and simplicity becomes complexity.



Let’s examine the following hypothetical conundrum:

Hannibal Cannibal is released from prison after serving 20 years. While in prison, he mastered the art of cooking and became a culinary expert. Fresh out of prison, he worked as a chef for someone who never bothered doing a background check. After seven years in the job, his former boss “disappears” and the place goes out of business. He now applies to work as a chef in your restaurant. While filling out your job application, he rightfully and legally answers “no” to the question “have you ever been convicted of a crime in the past seven years?”

Scenario #1: You follow up with a face-to-face interview and become impressed with his culinary skills. You contract a background check service to verify his past. Your jaw drops to the floor when you receive the background check report and learn about the nature of the crimes he committed in the past. Based on his past criminal background check, you decline to hire him. In conformance to your state’s law, he could sue and most likely win a settlement from either you or the background checks company, given the fact that the felony conviction was more than seven years ago. Bear in mind, he did not lie in his application and he proved to you he possessed the skills required for your job position.

Scenario #2: Better yet, the background checking company under pressure to comply with the federal and state laws and to avoid being taken to court, gives you a “No Records Found” response based on the seven year criminal conviction threshold.

Scenario #3: After the background check showed “No Records Found” for the seven year criminal conviction search, you happily hire this gastronomical artist. A week into the job, you find the frozen, strangled body of your dishwasher in your walk-in freezer. Within 10 days, CSI links your new chef’s DNA to the murder scene and consequently, arrest him. The dishwasher’s family sues you for negligent hiring for putting your employee’s in harm’s way by hiring an ex-killer. Their attorney successfully presents the jury a convoluted defense that you did a minimal background check to save a few dollars, when in essence — you were complying with the FCRA and EEOC. They convince the jury, that had you spend an additional $10 to search past seven years for felonies of the violent kind, the dishwasher would still be alive today.

Although the hypothetical case described above borders on the extreme, it is totally possible under different variations applicable to every circumstance whereby a background check is warranted.

Synopsis

As a provider of background checks, we believe in redemption and giving others a second-chance. Having said that, we are referring to limitations based on the nature of the crime and its relation to the employment position. However, a violent act against human life that has been proven in a court of law should be available for employer’s review without any type of time limitations. It should be up to the employer to decide on a case-by-case basis without any government pressure. While there will always be lawmakers appeasing certain sectors of the masses in order to gain popularity among their constituents, we firmly believe in what is rightfully moral and logical.

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Background Checks: Damned if you do, damned if you don’t  

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Despite the fact that a nationwide criminal records database is often an effective background screening strategy, employers must be aware of the constraints and legal vulnerability related to utilizing them. In the event that the employer does not recognize the pitfalls, they might possibly end up in court wishing they would have invested an additional $20.00 for a county court criminal search.

Online criminal records database searches tend to be useful for the reason that they encompass a significantly larger coverage area when compared with conventional searches, which in turn are done at the county court house. A standard criminal search is performed at separate courthouses tend to be pertinent on the job candidate’s past address history. Considering the fact that the United States has over 3,200 counties, not all courts can be cross-searched simultaneously or individually online, for that matter.

Where do the records data come from?

Database criminal records are data-mined from a wide array of sources consisting of state criminal records repositories, department of corrections and criminal county courts that produce data files in raw format. By simply spreading a substantially broader coverage as compared to a county court search, a nationwide criminal database might possibly detect records in other counties or states that would otherwise not be found at the selected county criminal court search where subject predominantly resided for the past seven years.

The truth is, it can be extensively debated that the employer’s lack of turning over every stone by using a preliminary criminal search on a database establishes an inability to incorporate due diligence due to the fact that criminal databases are available online through background check companies for a nominal search fee.

Case in point

A recent hire commits a violent crime at the workplace. The employer made a decision to only search county courts where the subject resided for the past 10 years feeling confident that they are acting in compliance with FCRA guidelines. It just so happens that a serious criminal record was filed in another county or state that would have been easily found for $20.00 on a nationwide criminal database search — the employer is now staring at a negligent hiring lawsuit where there have recently been multi-million dollar settlements.

Records missed or not updated

Nationwide criminal databases can possibly be partially incomplete for a variety of factors. To begin with, they don’t really provide data from all states and counties. States repositories that resell bulk records to wholesale data providers do not guarantee that all felony and misdemeanor records from each and every county is integrated.

Secondly, some of those criminal records might not include recent case updates and/or not provide pertinent disposition and nature of offense information details. Lastly, a few databases only provide felony convictions derived from department of corrections limited to felons whom actually served time in a state correctional facility.

Aliases or former names

Criminal databases are cross-searched by first, last name and exact date of birth. Unless the court clerk whom originally entered arrest data into the court system included name variations or aliases, an employer might get a false negative. It is very commonplace for criminal offenders to give variations of their real name at the time of arrest hoping to get lost in the court system. On female subjects, they may also have a handful of different last names.

Each state has their own set of laws concerning what an employer is able and unable to use when it comes to rejecting an applicant based on their past criminal history. Simply because an employer found a criminal court record, but did not bother to look at the final disposition does not justify rejecting a potential job applicant. For instance, they may have been found not guilty of the crime or the record was expunged at a later date. Keep in mind, innocent until found guilty.

Conclusion

Nationwide criminal databases should be used as a supplementary guiding tool, but should not be relied upon to ultimately determine a hiring decision. A human resources manager should not develop a false sense of security, because there are situations where a person with a violent criminal record will not show up. By itself it is not a one size fits all product as it should be used in conjunction with an onsite criminal court search. An online criminal database will point you in the right direction, but not your final destination.

This post first appeared on What you need to know about criminal database searches

What you need to know about criminal database searches