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How far back should background checks go?

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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
  • Transcript

    • 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?
      CEO SHS
      Metro Nashville PD
      Domestic Violence Division
      Breaking the Cycle
      iRefCheck
    • 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
      Expungement
      Sealed
      Juvenile Record
      Archived
      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: mike.mccarty@safehiringsolutions.com
      Sign up for blog: info.safehiringsolutions.com