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Capwell - Critical background screening resources


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Critical Background Screening Resources For HR Professionals In Florida …

Critical Background Screening Resources For HR Professionals In Florida

Robert Capwell

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  • 1. Critical Background Screening Resources For HR Professionals In FloridaPresented by:Robert Capwell – CKOrcapwell@ebiinc.comEmployment Background Investigations, Inc. (EBI)Page 1
  • 2. Today’s Presenter Robert Capwell Chief Knowledge Officer Employment Background Investigations, Inc. (EBI) Past Chair - NAPBS (National Association Of Professional Background Screeners) * Presenter is not a licensed attorney - Nothing in this presentation should be deemed as legal advice. Readers should consult with their own legal counsel to determine their individual legal responsibilities.Page 2
  • 3. Agenda Today’s Presenters FCRA Compliance Getting The Right Information Up Front Searching Criminal Records In Florida And Beyond Searching For Sex Offenders Employment And Reference Checking Developing Policy And Use Of Criminal Information Education Fraud And The Impact Of Diploma Mills The Use Of Social Media For Screening Using E-Verify As A Florida Employer Best Practice Take-A-Ways Q And APage 3
  • 4. The Fair Credit Reporting Act (FCRA) Steps For FCRA Compliance Step Action Taken Certification by Employer signs a “Certification Form” that Employer includes: “permissible purpose” , required consent, and will comply with FCRA and state equal opportunity laws and regulations related to the use of consumer reports Disclosure and Disclosure that a background check will be Authorization conducted (include nature and scope); include the name, address and contact info for the consumer reporting agency, obtain consent and date Summary of Consumer Provide the applicant/employee with this Rights Under the FCRA Federal Trade Commission prepared document Investigative Consumer Further explanation of nature and scope if Report Disclosure requested within five (5) days of applicant request Pre & Adverse Action Follow all notification requirementsPage 4
  • 5. Getting The Right Information Up-Front Best Practices Discussion: Capturing Applicant Information Information Obtained Paper Based Electronic Based Complete Name, Alias, Use additional pages The ability to upload DOB, SSN, Passport # to fill-in the blanks additional information Driver’s license Obtain a copy if Copying and scanning possible Address history Is it complete? The use of dates and forced fields Criminal history Obtain complete Be sure to forward – disclosure (convictions conviction information additional details – and arrest records only) - (City of Jacksonville inquiry exempt to post-offer Provide disclaimer that criminal conviction disclosure will not affect consideration for employmentPage 5
  • 6. Obtaining Criminal Records Information In Florida’s Sixty-Seven CountiesPage 6
  • 7. Cases Heard By Court Level General Information On Cases Heard By Each Court – Supreme Court not included Case Type District Court Circuit Courts County Courts of Appeals 5 20 – Jury 67 Trials 322 Judges Civil Small claims up a a to $5,000 Felony Preliminary a a hearing Misdemeanors a DWI a Ordinance Matters a Traffic , no parking a Juvenile a aPage 7
  • 8. Obtaining Exact Address Information Is Critical Multiple Counties Within A City City Counties Fanning Springs Gilchrist, Levy Longboat Key Manatee, SarasotaPage 8
  • 9. Florida FDLE Court Access Using Criminal Justice Information Services (CJIS) Includes arrests (no juveniles) and convictions of felonies and serious misdemeanors Access online or by mail - $24.00 – One match is included Level 1 check - Search by name and SSN or DOB Level 2 check – State and national fingerprint check Multiple name matches could require additional info or fingerprint submission Subject information returned may include name, last 4 of SSN, DOB, address or physical description Arrest information only – Do you have final case disposition? Search county for final disposition Broward County moves records to microfiche after 3 years VECHS Program (1999) – Work or volunteer with children, elderly, disabled – Includes state and FBI checkPage 9
  • 10. Criminal Justice Information Services Why Is Criminal Information Missing From CJIS? Subject was never arrested or fingerprinted in Florida Subject’s record is sealed or expunged Subject’s fingerprint card never received, had errors, not yet entered Arresting agency failed to submit information Fingerprints sent to FBI and not the FDLE If juvenile arrested before 10/1/94 nothing available If arrested after 10/1/94 only felonies available If arrested after 1/1/95 felonies and misdemeanors available Updates to the CJIS system can lag approximately 90 days Turnaround time for fingerprint verifications could take 15-30 days Does not include information regarding subjects heard within Indian Tribunal CourtsPage 10
  • 11. Going Beyond Florida Jurisdictions Looking Beyond Florida For Proper Due Diligence County/statewide Search county or state of residence for all names searches and addresses for proper coverage Border States: Alabama, Georgia Fill in the gaps with Includes any electronic records from county and available electronic other courts, AOC, DOC, sex offender registries, jurisdictional records government agency lists, international sanction lists Verification of Always verify accuracy for proper compliance electronic information International searches Consider searching based on time overseasPage 11
  • 12. Searching Sex Offender Records Florida Sexual Offenders and Predators Sex Offender Sexual Predator A person that commits a sex crime as A person that commits the following defined by Florida state law: sex crimes or actions: Sexual assault; Repeat sexual offenders; Sexual battery; Sex offender that uses physical Voyeurism; violence; Solicitation; Sex offenders that prey on children; Prostitution; Sex offenders that pose a higher safety Public lewdness risk; Violation of probation or community control Required to verify their home address Required to verify their home address on a periodic basis based on their frequently and banned from certain offense community areas Must register for a period of time Must register for a longer period of based on expiration of sentence time or for life Currently there are approx. 56,919 plus offenders registered in Florida Information on non-compliance is not available – Typically 8% to 10% in other states – Child Protection and Safety Act – Adam Walsh ActPage 12
  • 13. Do You Have The Whole Story? Record Vs. Registry A sex offender search is limited to violations that require a person to register with a central repository A criminal search is looking at all criminal records regardless of nature or gravity How can you use one without the other? What about offenders coming from other states?Page 13
  • 14. Sex Offender Resources in Florida Additional Resources FL Sex Offenders and Predators Dru Sjordin National Sex Offender Public WebsitePage 14
  • 15. Florida Criminal Records Guidelines Florida State Guidelines Can employers ask job applicants about arrests not leading to conviction? Yes Can employers consider arrests not leading to conviction? Yes Consumers do not have to acknowledge expunged or sealed records Most public employers can deny employment based on a felony or first degree misdemeanor that is directly related to the job. Fla. Stat. Ann. § 112.011 No Florida statute prohibits private employers from reviewing the arrest or conviction records of job applicants or employees City Council ordinance in Jacksonville restricts a city applicant from being asked of prior criminal history on a pre-offer basisPage 15
  • 16. Title VII Concerns Of Discrimination Title VII of the Civil Rights Act of 1964 Intentional discrimination is actionable Concerns of neutral employment policies that have racially disparate impact upon minorities Racial minorities are more likely to have criminal records than whites EEOC Notice N-915 Convictions – Employer Considerations Nature and gravity of the offense or offenses Time passed since conviction/release Nature of job held/sought – Job relatednessPage 16
  • 17. EEOC Resources EEOC Resources EEOC Resources For Handling Conviction html Information EEOC Resources For Handling Arrest cords.html Information EEOC Resources To Avoid Discrimination color.html#VIB2convictionPage 17
  • 18. Drafting A Policy Procedures and Drafting Policy Follow FCRA process – detail steps in policy Follow state guidelines from application to separation Identify “bright line” disqualifiers by individual position Establish “substantial job relatedness” criteria Establish a matrix – type of crime, age of crime, extent and type of review based on position Involve higher-level management and counsel when necessary Update policy and document process as it changesPage 18
  • 19. Employment And Reference Verifications Best Practices Discussion: Employment Verification Considerations In-House Challenges Design scope by Consider time Third party access to on- position and relevance resources – third line verification party verifications resources Supervisor and Paper based – email Follow-up process reference interviews and after hour verifications International Credible sources and Use of bilingual staff verifications turn-around time and resources on the ground Employment fraud Detection methods Tracking fraudulent employersPage 19
  • 20. Be Aware Of Resume Fraud – www.fakeresume.comPage 20
  • 21. Be Aware Of Employment FraudPage 21
  • 22. Spotting Fake Employment History Things To Consider If it doesn’t make sense, question it Was a complete address supplied and verified? Using Reverse Look Up to verify number and location Can you identify the company anywhere else on the web? If you are doing a phone verification, ask for other departments or listed supervisors for verification Check with the Secretary of StatePage 22
  • 23. Education Verifications Best Practices Discussion: Education Verification Considerations In-House Challenges Design scope by Consider time Database access and position and relevance resources – third- third-party integration party sources Is accreditation How do you identify Resources and track important? time-line of accrediting bodies accreditation? International Credible sources and Use of bilingual staff verifications turn-around time and resources on the ground Concerns of diploma 3,000 plus in The use of databases mills existence – how do and gathering resources you track?Page 23
  • 24. Concerns Of Diploma Mills Diploma Mill Statistics According to Verifile, UK, there are over 810 known diploma mills in the United States Top ten states that have unaccredited institutions and unrecognized agenciesPage 24
  • 25. High School and College Diploma MillsPage 25
  • 26. High School Diploma Mills in FloridaPage 26
  • 27. Martin Technical CollegePage 27
  • 28. Martin College Inc.Page 28
  • 29. Graduates of Almeda UniversityPage 29
  • 30. Spotting Diploma Mills Things To Consider If it doesn’t make sense, question it Was a complete address supplied and verified? Using Reverse Look Up to verify number and location Is the institution provided listed on a government resource site?Page 30
  • 31. Education Verifications (continued) Additional Resources Council For Higher Education Accreditation The US Department of Education United Nations Education, Scientific and Cultural Organization American Association of Collegiate Registrars and Admissions Officers (AACRAO) Oregon Student Assistance Commission ited.aspxPage 31
  • 32. Using Social Media For ScreeningPage 32
  • 33. Using Social Media For Screening Things To Consider Did you disclose to the applicant/employee? Are you invading the privacy of the applicant/employee? Are you gaining access under false pretences? Are you discriminating against the applicant/employee? Would what you see affect the candidate’s/employee’s ability to perform their job? How can you verify the information you find?Page 33
  • 34. facebook For ScreeningPage 34
  • 35. myspace For ScreeningPage 35
  • 36. E-Verify Use By Employers For Federal Contractors For Florida Employers Effective September 8, 2009 No current mandate to use E-Verify (FAR) E-Verify requirement clause should be included in the contract Federal contracts that are valued at $100,000 or greater; or contract that is 120-days or greater; COTS items are exempt Services performed within the U.S. or U.S. territory Employees that work on the contract need to be E-Verified (there are exemptions) Must sign-up within 30-days of contract award Existing employees within 90-days; 3-days of hire for new employeesPage 36
  • 37. E-Verify Resources Additional Resources Social Security Administration Department of Homeland SecurityPage 37
  • 38. Questions and Answers Robert Capwell Just One Solution (800) 324-7700 ext. 181Page 38
  • 39. Best Practice Take-A-Ways The Fair Credit Reporting Act If outsourcing to a CRA, provide all FCRA and state related notifications Follow pre-adverse and adverse process Provide the candidate/employee an opportunity to respond Conducting Criminal Record Searches Get the right information up front Conduct thorough screening within counties of residence Look outside of state borders if necessary Fill in the gaps with electronic data Searching Sex Offender Records Remember what you are getting Don’t rely on your home state alone Remember record vs. registryPage 39
  • 40. Best Practice Take-A-Ways Employment And Reference Verifications Design a program that makes sense and is consistent Outsourcing may make sense Be on the alert for fraud Education Verifications Design a program that makes sense and is consistent Be on the alert for fraud and diploma mills Use the right resources to verify legitimacy Using Social Media For Screening Are you violating privacy? Is what you‘re finding factual and usable? Don’t believe everything you readPage 40
  • 41. Best Practice Take-A-Ways E-Verify For Florida Employers Don’t forget the Federal Contractor MandatePage 41