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How far back should background checks go?
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How far back should background checks go?


The background screening industry is a highly unregulated industry which has resulted in low quality products and services. Most background screening firms provide a limited 7 year search. Our webinar …

The background screening industry is a highly unregulated industry which has resulted in low quality products and services. Most background screening firms provide a limited 7 year search. Our webinar will explore the reasons a background check should be limited and when it should not. We will also model what a best practices background check should look like.

Published in Business , Economy & Finance
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  • Conversation about firm saying if someone arrested they would be able to automatically notify


  • 1. How Far Back Should Background Checks Go?
    Select speakers or Phone on Webinar tab
    The Webinar will begin shortly. While you are waiting please answer the following question using Twitter: @SHSscreening
    Do you consider the age of the criminal record as a key factor in your adverse action decision? Use #crimrecord
  • 2. Inaugural SHS FREE Webinar Series
    • Provide Education- Foundation SHS was built upon
    • 3. Quick Updates:
    • 4. New products/services- iRefCheck coming soon…
    • 5. New Partners- Accupay, AppliTrack, Keystone Group
    • 6. New Integrations- AppliTrack
    • 7. Encourage Social Media to Connect & Network with our 3,000+ Users
    • 8. Twitter- customer service, network, information resource
    • 9. FaceBook- What we stand for- community work-missions
    • 10. Blog
  • Who is Mike McCarty?
    Metro Nashville PD
    Domestic Violence Division
    Breaking the Cycle
  • 11. Background Screening Industry
    Highly unregulated
    Low quality products
    Low quality service
    Provides what market wants instead of what market needs
  • 12. Background Screening Assumptions
    Background checks provide all criminal records
    All names included
    National database is complete
    Fingerprint will tell us everything
  • 13. What Impacts Reporting of Criminal Records?
  • Fair Credit Reporting Act
    Applies to all forms of background screening if using CRA
    Protects consumers
    Requires use of “up-to-date” information
    One click criminal database searches NOT compliant
    Verify information with court of record
    Does NOT apply to volunteers
  • 18. FCRA Limitations
    Limits arrest/ non-conviction report to 7 years; unless
    Salary is $75K or above
    No limit on convictions
  • 19. EEOC Requirements
    Limits use of non-convictions
    Conviction alone is not enough
    3 pronged approach:
    Nature of crime & time since committed
    Position sought
    How crime impacts position
  • 20. State Law Restrictions
    States can further restrict FCRA
    12 states restrict reporting of criminal records to 7 years;
    7 of those states only restrict if salary is $20K or less
  • 21. Why Do We Have 7 Year Rule?
    FCRA was amended in 1998 to remove 7 year limit on convictions
    State restrictions for employment
    Why does 7 yr rule exist when majority of states have no restrictions?
  • 22. Additional Issues Impacting Reporting
    States destroying misdemeanor records after 10 years
    Juvenile Record
    Varies by state & even county
  • 23. So how far back should background checks go?
    As far back as possible
    Complete picture of applicant
    Compare to application: dishonesty always grounds for denial
    Laws and restrictions do not apply to volunteers
  • 24. Volunteers
    No restrictions on volunteers
    Can report all arrests, non-convictions & convictions
    We create employment & volunteer packages so we know if record is reportable
  • 25. Where Does That Leave Us?
    Partner with trusted screening firm who will:
    Search as far back as possible
    Filter records
    Keep you current in ever-changing laws
    Committed to integrity of FCRA
    Need policy based on EEOC 3 pronged approach
  • 26. Questions?
    Send questions to Twitter: @SHSscreening or Email me:
    Sign up for blog: