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How far back should background checks go?
 

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.

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

  • 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
  • Inaugural SHS FREE Webinar Series
    • Provide Education- Foundation SHS was built upon
    • Quick Updates:
    • New products/services- iRefCheck coming soon…
    • New Partners- Accupay, AppliTrack, Keystone Group
    • New Integrations- AppliTrack
    • Encourage Social Media to Connect & Network with our 3,000+ Users
    • Twitter- customer service, network, information resource
    • FaceBook- What we stand for- community work-missions
    • Blog
  • Who is Mike McCarty?
    CEO SHS
    Metro Nashville PD
    Domestic Violence Division
    Breaking the Cycle
    iRefCheck
  • Background Screening Industry
    Highly unregulated
    Low quality products
    Low quality service
    Provides what market wants instead of what market needs
  • Background Screening Assumptions
    Background checks provide all criminal records
    All names included
    National database is complete
    Fingerprint will tell us everything
  • What Impacts Reporting of Criminal Records?
    • FCRA
    • EEOC
    • State Law Restrictions
    • Change in Disposition
    • Court Policies
  • 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
  • FCRA Limitations
    Limits arrest/ non-conviction report to 7 years; unless
    Salary is $75K or above
    No limit on convictions
  • 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
  • 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
  • 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?
  • Additional Issues Impacting Reporting
    States destroying misdemeanor records after 10 years
    Expungement
    Sealed
    Juvenile Record
    Archived
    Varies by state & even county
  • 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
  • Volunteers
    No restrictions on volunteers
    Can report all arrests, non-convictions & convictions
    We create employment & volunteer packages so we know if record is reportable
  • 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
  • Questions?
    Send questions to Twitter: @SHSscreening or Email me: mike.mccarty@safehiringsolutions.com
    Sign up for blog: info.safehiringsolutions.com