This document discusses background checks and compliance. It outlines what types of background checks employers can conduct, including criminal, credit, employment and education history checks. It explains the legal requirements around background checks under the Fair Credit Reporting Act. Recent lawsuits against companies for background check non-compliance are also mentioned to emphasize the importance of following regulations. The document provides details on various check types, search locations, costs and turnaround times to help employers understand how to properly conduct background checks.

1. Background Checks & Compliance
Jane McFadden

3. Background Checks
• Who?
• What?
• Where?
• When?
• Why?
• How?

4. Definition- Research/Validation

5. FCRA- Fair Credit Reporting Act
Types of checks
What you can see
How long the information is revelant
Responsiblities with
deregatory information

6. Recent Compliance Lawsuits
Since February 2014
Whole Foods
O’Riley Auto Parts
Extended Stay America’s
…Don’t let your company make this list.

7. FCRA- Fair Credit Reporting Act
Disclosure
Authorization
Pre-Adverse Action
5 days for Dispute
Adverse Action

9. Background Checks
• Who?
• What?
• Where?
• When?
• Why?
• How?

10. Who conducts the search?
• Employers
• Landlords
• Business Partners
• Businesses extending a line of credit
• Businesses hiring contractors to come work
• Family for In Home care givers or nannys
• Non-Profits/Churches checking volunteers

11. Why?
– PRE EMPLOYMENT!
Limit Risk and Liability from negligent
hiring practices.
Hiring is expensive.
Help create safe work environment for
employees and customers.
Insight Is Better Than Hindsight!

12. What to Search?!
• Social Security Verification
• Criminal Conviction History
• Credit History
• Moving Violation Report
(MVR)
• Employment History
• Education Verification
• Professional License Check
• Workers’ Compensation
• Violent Sex Offender Search
• Federal Exclusions
(OIG/GSA/OFAC)
• FACIS Levels 1, 2, 3
• Federal District Court
• Drug Testing
• E-Verify & I-9 Verification
• International EMP/EDU
• FBI Check

13. Social Security Verification
Skip Trace- Initial check that will verify
the name and the social security number.
They are who they say they are.

14. Criminal Conviction History
The PERMANENT RECORD!
In most cases it lists all non-expunged
criminal offenses and may sometimes
include traffic offenses.
Depending on the state we can report
charges, dismissals, adjudications,
acquittals.
The bluer the state the more restrictions
on what is able to be reported.

15. Where?
FCRA LAW- says that derogatory
information must be confirmed by the
originating source of the document.
County Courts
Federal Courts

16. What to Search?!
• Social Security Verification
• Criminal Conviction History
• Credit History
• Moving Violation Report
(MVR)
• Employment History
• Education Verification
• Professional License Check
• Workers’ Compensation
• Violent Sex Offender Search
• Federal Exclusions
(OIG/GSA/OFAC)
• FACIS Levels 1, 2, 3
• Federal District Court
• Drug Testing
• E-Verify & I-9 Verification
• International EMP/EDU
• FBI Check
• References

17. Credit History
• Search of someone’s financial stability
• FCRA Restrictions

18. When
Pre-Employment? Before they start work for you!
CONSISTENCY IS KEY!
Make sure you’re doing the same checks at the same step in
the process for every candidate applying for a specific job.

19. Moving Violation Report
Statewide search conducted by the
Bureau of Motor Vehicles
Report all driving infractions
State Fees $2-$27.50;
Ohio & Kentucky- $5

20. Professional Licenses

21. Worker’s Comp Cases
Checks previous claims filed by
candidates.
Employers must try to find another
postion within the company.
Doesn’t need to be the same pay
grade/position

22. Violent Sex Offender Search
• Local, State, and National research registry.
• Billy Joe Bob may get missed if you only search
William Joseph Robert.

23. Terrorists Checks
• Federal Exclusions- OIG/GSA/OFAC
– OIG Office of inspector General
– GSA General Services Administration
– OFAC Office of Foregin Assests Control
• FACIS 1, 2, 3 (Fraud Abuse Control Information
Systems)

24. Federal District Court
LOCATION AND RESPONSIBLITY
Violations of Federal Law
94 Federal Judicial Districts
Violations on Federal Land
Prosecuted by US Attorney General

25. WHAT ARE YOU SEARCHING FOR?
• Urine
• Hair
• Instant
• 5 panel
• 9 panel
• 12 panel
• Alcohol
• DOT

26. What to Search?!
• Social Security Verification
• Criminal Conviction History
• Credit History
• Moving Violation Report
(MVR)
• Employment History
• Education Verification
• Professional License Check
• Workers’ Compensation
• Violent Sex Offender Search
• Federal Exclusions
(OIG/GSA/OFAC)
• FACIS Levels 1, 2, 3
• Federal District Court
• Drug Testing
• E-Verify & I-9 Verification
• International EMP/EDU
• FBI Check

27. E-Verify & I-9
Confirm eligiblity to work in the
United States
Confirm Social Security Number
Completed within 3 days of new hire

28. FBI Check
• Relies on statewide database
• Ordered if Required by Law

29. REFERENCES
Gather as much information as
they are willing to give.

30. How to Search
• 5 types of criminal checks- FBI, Federal,
National, State-wide, and County Courts
• 4,300 County Courts in the US
• 94 Federal Judicial Dirstricts
• Public Records

31. Turn Around Time
What are you paying for?
Is Price your top Priority?
Are you willing to give up quality and
completeness for saving a few $$

32. Ban The Box
Make sure you give you applicant a fair
chance at getting the job, and not
automatically disqualifying them based
on the fact that they have a record.
If you believe in the American Court
System we should believe that the time
pays for the crime and admit them back
into society and the workforce.

33. Background Checks
• Who?
• What?
• Where?
• When?
• Why?
• How?

34. THANK YOU!!!
Jane McFadden
Client Services Advocate
Human Resource ProFile
513-388-4300
JaneM@HRProFile.com