Author Archives: Criminal Background Check

Schools Should Perform Thorough Background Screening

Schools both Public and Private Should Use Criminal Background Checks as Part of a Thorough Pre-Employment Background Screening Policy. Recently in New Hampshire a substitute teacher was charged with felony sexual assault on an underage student and then was found to have a prior felony conviction. This incident could have been avoided had the school performed a thorough and complete background check prior to hiring. Anyone working or volunteering at a school that has contact to children must be thoroughly vetted prior to allowing such contact. Performing an in-depth criminal background check as part of the employment screening process is certainly necessary for people interacting with at risk populations like students/children. A quality criminal background check could provide previous malfeasance and uncover past convictions that would disqualify such a candidate from employment at a public or private school. To learn more about recent headlines concerning schools and their background screening policies read recent press release found at: http://www.criminalbackgroundrecords.com/news/2014-5-22-Schools-Remain-Critical-Environments-for-Thorough-and-Complete-Background-Screening.html

 

Why Criminal Background Checks Should be run Prior to Hiring

In recent news about the use of criminal background checks specifically in the ride-sharing and taxi industry show what the risk of such services bring to people especially at risk populations like children and the elderly. A recent Chicago Tribune investigation found that a new ride-sharing service did not conduct stringent criminal background checks and allowed their drivers to ferry passengers for months despite not knowing whether or not they had felony convictions. In related news the CBS Local discovered a Dallas car service company’s multi-state database it had used to perform criminal records checks on its drivers was missing conviction records.

Such companies often interact with children and the elderly and it is nationally agreed upon that such at-risk populations’ need the fullest protect the law has to offer and subjecting them to individuals responsible for their safety highlights the need for thorough criminal background checks prior to hiring. As the balancing act between civil liberties and public safety continue to evolve the use and depth of criminal record checks will continue to remain in the news. To read more about this subject read recent press release found at: http://www.criminalbackgroundrecords.com/news/2014-4-23-Background-Checks-In-the-News.html

 

Consumer Rights in Background Screening

The Fair Credit Reporting Act (FCRA) was written and enacted into law to promote the accuracy, fairness and privacy of information in the files of consumer reporting agencies. The FCRA makes it very clear to employers what is expected of them in regards to information gained for the purposes of employment screening. Among these is the mandate to get written permission from the potential job applicant prior to pulling criminal background checks on them. Employers are also required to give an adverse action notice and summary of rights as outlined by the FCRA if records were found that may adversely affect them. Although criminal records are classified as public records and are available to anyone through the courts, when used as part of an employment screening process have to adhere to the FCRA. To read more about this subject read recent press release found at: http://www.criminalbackgroundrecords.com/news/2014-3-17-Consumers-Rights-with-Background-Screening.html

Are Post Hire Background Checks Necessary?

Most companies and organizations in the USA currently do not conduct post hire background checks as part of an ongoing employment screening policy. However, some do and within their employment screening policy perform criminal background checks on current employees at a certain time interval like every three years. A private school in Pennsylvania conducts employee criminal background checks every five years as part of a youth protection program Catholic schools created in 2003. Leslie Davila, director of child and youth protection for the Archdiocese of Philadelphia and her office is responsible for monitoring employee records to make sure employee background checks are current. As post hire background checks are currently not the norm in the USA there are certainly those who do have an ongoing employment screening policy. When it comes to positions that are in contact with at-risk populations it certainly makes sense to conduct post hire background checks to at least thwart future criminal activity. To read more about this subject read recent press release found at:http://www.criminalbackgroundrecords.com/news/2014-2-13-Post-Hire-Background-Checks.html

What is the Ban-The-Box Initiative?

The ban-the-box initiative is a legislative movement across the United States making it so employers must remove the criminal history checkbox on their job application forms. The laws that have been created and those currently under review are very different from each other and causing significant confusion. Some States allow for criminal history questions and criminal background checks to be conducted after the first phase of employment screening (typically after the first interview). The common component to ban-the-box laws is that the employer cannot pull a criminal history check until after the initial phase in the employment screening process. This means removing the “Criminal History” checkbox from the job application. Then depending on the City, County or State the employer resides criminal background checks can then be performed. Sometimes a criminal check cannot be pulled until a conditional offer of employment has been made as in the case with Hawaii. Employers need to know how the laws in their location and State handle ban-the-box legislation and partnering with a third party background screening company is a great way to start. To read more about this subject read recent press release found at: http://www.criminalbackgroundrecords.com/news/2014-1-13-Background-Screening-Trends-2014.html

More States Adding Ban-the-Box Legislation

The Governor of California signed into law the new legislation regarding ban-the-box. The bill bans government employers from asking job applicants about their criminal history until later in the hiring process.  Minnesota just recently expanded its existing law regarding the use of criminal background checks in the employment screening process into law to now also cover private employers like Minneapolis based Target Corporation.  In light of this new law Target announced that they will remove questions about criminal history from job applications all over the country.  Additionally New Jersey is looking into enacting similar legislation but has been confronted with opposition from the State Chamber of Commerce.  One thing is clear the ban-the-box initiative isn’t going away, on the contrary is has gained significant momentum and looks to be on the current agenda for more US States.  To read more about this subject read recent press release found at: http://www.criminalbackgroundrecords.com/news/2013-11-15-Ban-The-Box-Comes-to-California.html

Don’t Forget to Background Check Santa

As the winter holiday season approaches part-time and seasonal employees especially those in contact with at risk populations like children should be background checked. A through criminal and sex offender background check should be conducted the same way as with full time employees. Those portraying Santa Claus and other holiday icons around children, the elderly and disabled should be vetted through various public records searches. Such background checks include criminal records checks, social security number trace, sex offender registry search and where applicable a driving records check. To read more about this subject read recent press release found at: http://www.criminalbackgroundrecords.com/news/2013-11-15-Will-the-Mall-Santa-Pass-His-Background-Check.html

Don’t Under Estimate the Importance of Risk Mitigation

The underlying motive of background screening is risk mitigation and it is a critical part of any successful pre-employment screening process. Background screening reports that should be utilized in the hiring process include criminal record checks, social security number validation, driving records (when applicable), consumer credit reports (when necessary), and sex offender registry checks. These background reports along with a thorough in person interview and credentials check together reduce the chances of making a bad hire and reducing the risks associated with a bad employee. Risk mitigation achieved through professional employment background screening protects a company or organization, protects other employees already in place and customers or others that they may come in contact with while working for the company or organization. To read more about this subject read recent press release found at: http://www.criminalbackgroundrecords.com/news/2013-10-3-Background-Screening-and-Risk-Mitigation.html

Universities Adding Criminal History and Sex Offender Questions

The University of Washington recently made changes to their new student application process. They added questions asking if the applicant has had a violent criminal history or are registered sex offenders. The University will not automatically deny enrollment to any applicant that reveals this information to them, instead the application gets forwarded to a special committee for additional review. Other education institutions in the USA also ask questions during the student application process regarding criminal history and sex offender status. With the EEOC and ‘Ban the Box’ legislation going on in the country today it makes more and more sense for educational institutions to work with a professional third party background screening company to help keep their application process compliant with current law and trends. To read more about this subject read recent press release found at: http://www.criminalbackgroundrecords.com/news/2013-9-10-College-Applications-Include-Criminal-History-and-Sex-Offender-Questions.html

EEOC Files 2 Big Law Suits

The EEOC just recently filed suit against two big firms because of their use of criminal history checks in their employment screening program. Criminal background checks are used by 69% of US Employers within their pre-employment and employment screening process. The EEOC guidelines are causing a lot of ripples in the employment screening arena. Some employers are clearly not discriminating candidates based on any of the protected classes listed under federal law; however, even non-purposely disproportionate results can lead to a law suit as the EEOC just made clear. It is a good time for employers to work with third party background screening companies to review their current employment screening policies and make any necessary updates to it to protect themselves from employment related law suits. It is especially important to review the use of criminal background checks in the hiring process. To read more about this subject read recent press release found at: http://www.criminalbackgroundrecords.com/news/2013-8-8-Employers-Review-Background-Screening-Policies.html