Pre-Employment Background Checks

Employment Screening Background Check Companies

Criminal Records

May 2020:

There is a huge difference in the quality of employment background checks offered by various employment screening companies.

FCRA Compliant  background check companies

Be wary of   and avoid using any background check  company that relies on the disclaimer :
“These background checks are not to be used for employment or rental or tenant screening purposes.”  This disclaimer will usually be buried in the fine print. 

Of course if you are not using them for employment or tenant screening, they don’t have to comply with the FCRA, but as an   employer or landlord,  you do.

The primary purpose of the FCRA is to hold credit reporting agencies (Background Check Companies) responsible by being sure any reports they provide on applicants  with the means to be made aware of and  a formal mechanism to dispute any inaccurate information that may be   used against them for employment or rental purposes.

More than any other process in an organization, employee selection and screening may change a company’s destiny.

A criminal record employment background check is the basic building block of an employment background check offered by background check companies.

An article published in SHRM in June 2012 indicates the following survey results: Approximately two-thirds (69 per cent) of organizations reported that they conduct criminal background checks on all of their job candidates.

Roughly one-half of organizations conduct criminal background checks to reduce legal liability for negligent hiring (52 percent) and to ensure a safe work environment for employees (49 percent).

The top two convictions that are very influential in the decision not to extend a job offer are violent felonies (96 percent) and nonviolent felonies (74 percent ).

However, about three-fifths (58 percent) of organizations allow job candidates to explain the results of their criminal checks before the decision to hire or not to hire is made.

While cheap and fast, many  criminal records database searches will miss up to 40 or 50 percent or more of all criminal records. 

FCRA Compliant  background check companies

Be wary of   and avoid using any background check  company that relies on the disclaimer :
“These background checks are not to be used for employment or rental or tenant screening purposes.”  

This disclaimer will usually be buried in the fine print. 

Of course if you are not using them for employment or tenant screening, they don’t have to comply with the FCRA, but as an employer or landlord,  you do.

The primary purpose of the FCRA is to hold credit reporting agencies (Background Check Companies) responsible by being sure any reports they provide on applicants  with the means to be made aware of and  a formal mechanism to dispute any inaccurate information that may be   used against them for employment or rental purposes.

 Would you really trust the results of a criminal record background screening that misses or overlooks that many criminal records?

Would you entrust your company and it’s employees to anyone so poorly screened?

That’s why most people say that it may be better to do no employment background check at all, rather then trust someone based on such a poor criminal record background check.

FCRA Compliance:

Because of the high percentage of inaccuracies, any record found in a criminal record database search is not by itself legal to use in an employment decision.

It must first be verified as accurate and up to date at the reporting  state or county source.

Moreover, database records are so notoriously inaccurate, you may not hire a qualified candidate based on an erroneous record.

Many people believe it is better to order no background check at all than to operate under the illusion that someone has passed a background check, when so often records are missed in criminal record databases.

An important case of getting what you pay for. You can have fast or good, but not both.

As reported on KOAM TV, a new Study by Kelton Global Surveys Finds that 95 percent of Americans Overwhelmingly Support Employment Background Checks.

Americans have a high expectation of workplace safety, and expect their employer to take all needed steps to insure that safety, including  background checks.

Less than 15 per cent think that pre employment background checks are an invasion of their privacy.

We offer all forms of pre -employment criminal record background checks and all other pre-employment background screening services.

Our criminal record employment background screening offers the most comprehensive pre-employment background checks in the industry.

And we offer fast completion of reports.  Results are emailed to you immediately upon completion, so there is no waiting for the background check results.

We provide past employment verification, education verification and pre-employment drug screening. Just click on the link below for more information.

Employment Background Check Guidelines

1. Use a professional agency to process your background check.

 Professional background screening companies will do a far better job of locating the information you want.

They have the experience and processes to be accurate and efficient. They also prevent you from viewing data that might be a violation of state or federal law.

2. Online Employment Background Checks

Much of the information obtained can not be legally used and so much of it is inaccurate.
Companies don’t have the means to determine the veracity of this kind of information.
Moreover, much critical information will be missed as well.

3. Be legal at all times.

This means strict adherence to all Federal, State and City laws. This means laws like the Fair Credit Reporting Act (FCRA), “Ban The Box” and other myriad city and state laws governing the hiring process require serious attention in order to remain in compliance.

Many companies use professional Human Resources consultants to help them make sure their forms comply and that they conduct the entire hiring process in accordance with the governing laws.

Many laws must be followed on job applications, job interviews and all segments of the on boarding process.

4. Review All Of Your Employment Forms Frequently

In the past couple of years both the Consumer Financial Protection Bureau (CFPB), which is the enforcement arm of the Federal employment laws and the number of class action lawsuits brought against employers has seen a dramatic increase.

For what may seem the most minor violations such as failure to have an employment background check release on an entirely separate piece of paper, companies have paid out millions of dollars. 

An often overlooked area are online applications and releases. The same rules apply as far having a separate release. For more information on this subject: Click Here

5. Have a consistent hiring process.

The process must be consistent for applicants. Make sure all applicants for the same position undergo the same exact screening process.

For example, you may not run an employment credit report or a workers’ comp claims history report on some applicants for the same position and not on others.

6. Communication With Applicants

Comply with pre and post adverse notification requirements of the Fair Credit Reporting Act FCRA.

Negative information discovered in an employment screening background check should usually be discussed with the applicant.

Not only does this give the applicant the opportunity to explain their side of the issue, it helps clear up misconceptions, errors on the report and other mistakes.

7. Give The Applicant The Opportunity To correct Incorrect Information

While inaccurate criminal record report results are rare if you are using a quality employment screening program, they can happen. 

Employment Background Checks are not conducted to stop people from being hired. Rather, the intent of employment screening is to help your company hire the best possible employees.

8. Behavior Patterns.

Experience seems to show that individuals with a consistent pattern of negative behavior are more likely to continue to this pattern.

Likewise, patterns of positive behavior are likely indicative of future behavior as well. An applicant with a single blemish on their record may not have established a negative pattern and should not always be summarily disqualified.

9. Criminal Charges May Not Be As Bad As they Look

Understandably, often the explanation you will receive will be somewhat “sanitized” to cast the applicant’s charges in a more favorable light.

Conversely, sometimes people are “overcharged” in an incident making the incident seem much worse than it actually was. See our page on this subject by: Clicking Here

10. How long after an Arrest Is it safe to hire Someone?

An extensive study by Carnegie-Mellon university provided empirical data that suggests that for most people, those who have remained free of contact with the judicial system for a period of five years or more are no more likely to re-offend than those that have never been arrested.

This was true for most crimes, but there may be exceptions for certain types of criminals.
For more information: Click Here

11. EEOC Guidance On Use Of Criminal Records

From   Seay  MANAGEMENT Consultants newsletter Apr 2016

After you have received the results of the background check the decision process can begin. The Equal Employment Opportunity Commission asks that employers consider 3 factors when deciding whether or not to hire an applicant with a criminal background.

The three factors are:
1. The nature or gravity of the offense;
2. The time that has passed since the offense occurred; and
3. The nature of the job held or sought.
For example, if you have an applicant who has a criminal conviction on their record, you must consider the nature of the offense.
Was it violent?

The second factor revolves around the length of time that has passed since the conviction.

Did it happen within the last 6 months or did it happen 5 years ago? If it has been several years, the EEOC would take the position that the conviction should not be considered when making an employment decision.

The final step requires that an employer analyze the position the applicant is applying for and the conviction Does this conviction have a direct impact on the job they would be performing for your Company?

Linking the criminal conduct to the essential functions of the position can help an employer prove that a decision not to hire was made out of business necessity.

A hiring decision should be made after considering the above factors.

Please see our page on common Employment Background Check questions by:   Clicking Here

Our Automated Employment Screening provides an applicant controlled process that allows
FCRA compliant background check forms, including Electronic Chain-Of-custody  forms 
and  releases to be completed online by the applicant.

We provide several short   videos    to  easily acquaint you with the system.

This  makes the background check process fast and easy.

Please   Click   or call for more information.

Call Us now at    800-459-3034  and begin ordering instant driving records and background checks within minutes or:

  

A price list will be promptly e-mailed to you.

FOR MORE INFORMATION CALL ANYTIME

Disclaimer
None of the information contained in this web site should be construed as legal advice.
All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.

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