Background Screening & Compliance FAQ

 Background Screening & Compliance FAQ
We understand that comprehensive applicant processing often means addressing concerns about
what is legal, what is required and what is optional. We’ve compiled a list of broad sweeping
answers that respond to commonly asked questions.
If you have additional questions about applicant screening and/or testing, please do not hesitate
to contact us directly. At Hirease, there is always a friendly, helpful person available to answer your
questions and help you make smarter hiring decisions faster.
Q: Is employment screening expensive?
A: Verifying an applicant’s credentials and clear criminal history costs less than a few hours on the
job, which is an excellent return on a small investment.
Q: Do you have to specify all aspects of the background screen or is a
general release enough?
A: Employers must provide a clear and conspicuous disclosure to an applicant/employee stating
that a background check will be performed. Employers must also obtain a signed authorization
(release) from the applicant/employee. The disclosure is required to be a separate standalone
document but may be combined with the authorization. The release and disclosure should not be
contained as part of the application.
Q: Can we perform Credit Checks?
A: Some states prohibit the use of employment
credit reports except in limited circumstances.
These states include: California, Colorado, Connecticut, Illinois, Hawaii, Maryland, Nevada, Oregon,
Vermont and Washington. It is advised to only run employment credit checks on those
applicants/employees when there is a bona fide purpose for requesting the credit report that is
substantially job related.
Q: What are the requirements for not giving a reference?
A: There is no specific regulation regarding providing references. However, some companies have
policies regarding providing references and may only confirm job title and dates of employment.
Q: How far back should one search on a criminal background?
A: Typically, researchers search the past seven or ten years which is in compliance with the Fair
Credit Reporting Act (FCRA). In general, felony and misdemeanor checks run for the past seven
years. The FCRA does not limit the time for reporting convictions. However, adverse matters that did
not result in a conviction are only reportable for 7 years under the FCRA. Individual states may have
their own reporting guidelines; therefore, it is best to research your state laws.
Q: If management is anxious to hire quickly and the individual starts
before the results are back, is this OK?
A: This is ok, however, it is advantageous to communicate prior to the offer that the employment is
“at will” and conditional based upon the results of the background investigation. If negative results
come back that would result in adverse action, HR and management would need to review the
adverse action with the individual in order to proceed with the termination.
Q: Should churches perform background screening?
A: Yes. It is becoming a standard to perform background screening in all industries, including
religion.
Q: How should we introduce background screening when it has never
been done in the past?
A: Provide an educational session as to what employment screening is, why it is in place, and the
reason for starting the screening (safety for all workforce, etc). All employees must sign disclosure
and consent forms prior to conducting employment screening.
Q: How do you know if you are getting the best information when
running a criminal background check?
A: Traditionally, the best searches are those run on the county level. Statistically, 95% of all crimes
are committed in the counties in which the individual has lived. They can be supplemented by a
statewide search (where available) and/or the national criminal search. Running a 10% hit rate on
average within the industry is typical.
Q: Does the National Association of Professional Background Screeners
have sample policies?
A: Yes. Additionally, if you are a member of the Society for Human Resources Management (SHRM),
sample policies are located on their website.
Q: What if we receive information on a criminal check that an individual is
convicted of a criminal sexual offense?
A: It may not be job related, but character related. How you decide to pursue this would be based
on your company policy.
Q: Why should applicants be screened?
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10% of job applicants have a criminal record
40% of resumes contain material lies or omissions about education, past employment or
qualifications
The cost of background screening is less than the cost of a bad hiring decision
Employee and customer safety
Q: What should a written background screening policy include?
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Type of searches to conduct (by general job classification)
Depth of searches
Number of past employers to verify
Where to search criminal records
Ø Statewide
Ø County by County
Ø Federal
Ø Multi-state database
How to handle any adverse information found on the report
Post-hire practices for regular updates (criminal, driving records, credit reports)
Review of FCRA and local state laws
Q: What is the typical process for employment screening?
1. Subject Applicant signs an FCRA release form, authorizing screening
2. Employer provides release form and subject data to screening agency
3. Screening agency conducts investigation according to federal, state and local laws
4. Results provided to Employer, usually within 72 hours
5. Employer shares results with subjectapplicant, as required by law
Q: What is the national criminal search?
A: A powerful high-speed multi jurisdictional search of state and county criminal records databases.
This search is a great tool to possibly detect crimes committed in jurisdictions that the applicant has
never lived. It should be used as an extra layer of protection in addition to an in-person court search.
States Included: AK, AL, AR, AZ, CA, CO, CT, DC, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MI, MN,
MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR (Benton, Clackamas, Lincoln, Marion and
Yamhill Counties), PA, RI, SC, TN, TX, UT, VA, VT, WA, WI, WV. Though "National" in scope, data
provided is compiled from multiple public record data sources. We make no claims to the
completeness of the database or that data for all states or jurisdictions is included in the current
product offerings. We acknowledge that the service provided here does not substitute for an inperson courthouse search of criminal records, and we recommend that the database products be
added to end-users traditional screening methods. We take reasonable measures to update these
records as available, but as in all public records, we rely on the completeness and accuracy of each
state’s records.
Q: What is a National Sex Offender search?
A: This database contains currently registered violent and sex offenders with felony conviction
records. The data has been compiled from violent and sex offender registries in all 50 states plus DC,
Puerto Rico and Guam. Further investigation via statewide criminal record databases or county level
research is strongly recommended. Links to each state repository are provided for viewing details of
offenders' records.
Q: What types of drug screening do you offer?
A: Hirease offers both DOT compliant and non-DOT drug screening. We offer three different types
of drug testing to fit your company’s needs: urine, hair, and oral fluid. Hirease works closely with two
national laboratories: Quest Diagnostics and Labcorp. Although urine drug testing is the most
common type of drug test, we can customize your account to your meet your exact requirements –
anything from a basic 5-panel screen to a more thorough 13-panel screen (also known as a
“Healthcare Professional Panel”).
Q: Do you offer drug testing on site?
A: Hirease offers pre-employment drug testing that can be administered on-site.
Q: What does OFAC stand for and why is it important?
A: The Office of Foreign Assets Control (OFAC) administers a series of laws that impose economic
sanctions against hostile targets to further U.S. foreign policy and national security objectives. This
exhaustive report screens the names and descriptor information of people identified as posing a
threat to the interests and security of the United States. This screen also runs against a database of
known narcotics traffickers, terrorists, and businesses and organizations supporting threatening
activities.
* Information provided in part by SHRM, NAPBS, SHL, Inc. and Bruce Berg