Employers often perform various background checks on applicants prior to offering them employment. These checks can include a criminal background check to learn whether an applicant has criminal records. However, there are background check limitations and mixed reports on how far back the information on a criminal background check can go. While the federal government, through the Fair Credit Reporting Act (FCRA), allows reporting of criminal convictions without any time limits, some states follow the seven-year rule. Time restraints on criminal background information varies between states and many state’s regulations are more restrictive than federal laws. Employers and background screening consumer reporting agencies must abide by these state laws when performing criminal checks.

Understand Reporting Limitations Imposed by State Laws

Applicable state laws limit what a consumer reporting agency can report. Under the FCRA, there aren’t any background check limitations when reporting any convictions. However, agencies are generally limited to seven years when reporting other adverse information. These time restraints are sometimes null, however, when the applicant’s salary exceeds $75,000 annually. Some states prohibit arrest information or pending arrest information from being reported.

State Background Check Limitations Based on Job Relation

Federal law doesn’t forbid employers from making hiring decisions based on an applicant’s criminal history in regards to how it relates to the job, however some state laws do impose restrictions. In these states, an employer can’t disqualify an applicant with a conviction record unless the crime is directly related to the job he/she will be performing. When disqualifying an applicant, employers may be required to provide proof his/her criminal record was relevant to the position he would have received.

State Background Check Limitations on Arrests Without Convictions

Federal law also doesn’t prohibit all employers from using arrest records in employment decisions, but state laws pose limitations. If an arrest didn’t lead to a conviction, many states don’t allow employers to use this data.

State Background Check Limitations on Pending Arrests

Arrest records are further broken down into pending and non-pending arrests. In some states, employers can consider pending arrests in the hiring process, but not non-pending arrests.

Conclusion

Comprehensive background checks are important business investments when compared to the potential losses the business could suffer, if it hired an unsuitable candidate. For each of the highlighted background check limitations, employers can typically go back seven years on criminal background checks for employment purposes. Besides various state and city laws, the U.S. Equal Employment Opportunity Commission (EEOC) also protects applicants against discrimination.

Source: http://www.acc.com/legalresources/publications/topten/State-Background-Check.cfm

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

Without a good hiring process to attain top employees, a business cannot succeed and thrive. New hires who aren’t a fit can throw off the functioning of a business and reduce productivity. In worst-case scenarios, low quality hires can commit fraud or violence in the workplace.

Employment screening is a crucial part of an effective hiring process, as are focused interview techniques for finding the best new staff members.

Below are some of the most innovative hiring processes employed by some of today’s top companies:

Collaborative Hiring Process at Apple and Tesla Motors

Steve Jobs always favored a collaborative hiring process for Apple, and it’s still in use at the company today. Apple values allegiance, loyalty and secrecy in order to stay ahead of competitors, and getting the opinion of numerous staff members assists in this process.

The Tesla car company is known for introducing job candidates to the entire company. Candidates often spend an entire day at the facilities undergoing multiple interviews. This is an excellent way to determine if an applicant will be a fit for the current company culture. A rapid-fire questioning style is also used to test for mental agility.

Google’s Theoretical and Hypothetical Questions

The Google company is well known for its unconventional hiring processes. Among them is the use of theoretical and hypothetical questions that can throw candidates off guard and garner insights into their problem-solving abilities. From being asked to design an evacuation plan for the building to explaining how they might find a needle in a haystack, nothing is off limits. Applicants who are able to think on their feet and demonstrate creative critical thinking skills rise to the top of the list.

Thriving Under Pressure at Teach for America, Gallup and Pizza Hut

Teach for America and the Gallup polling company use interview techniques in their hiring process to look for the ability to excel under pressure. Teach for America presents candidates with real-life scenarios to test for fortitude, leadership abilities and character. Gallup uses a specialized series of lengthy interviews including initial online assessment followed by key questions to assist in matching the candidate’s strengths with the ideal job. At the other end of the spectrum, the Pizza Hut company has conducted 140 second interviews at the South By Southwest festival in their search for new digital talent.

In today’s rapidly evolving marketplace, companies are seeking top talent who will fit well. Outsourcing national criminal background checks to a professional employment screening company frees up time and resources for creating the most innovative interview process possible.

Source: http://www.enthusiadams.com/2011/11/17-interview-questions-developed-by-gallup/

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

Background checks are a valuable asset when it comes to hiring a new employee to work for your company. This is especially true when it comes to individuals with no established relationship beforehand and you’re judging their character by what’s written on their resume. With this being said, here’s a look at why criminal background checks help protect employers and employees alike.

Criminal Background Checks Protect Employers And Provide Truth

Many are guilty when it comes to embellishing the truth (and hiding the facts) when it comes to their work history. Although many recruiters can spot these actions on paper, embellishments may go uncovered without running a background check beforehand. Such things that a background check can uncover, to help protect employers, are:

• A work history and education verification background check before the hiring takes place.
• Proof of a third-party drug test before any job offer is made.
• Prior felony and/or misdemeanor criminal convictions (state and federal levels).

When Criminal Background Checks Protect Employers And Employees

As an employer (or employee), you have the right to know about the candidates that are entering your workforce. Given the legal relationship that the business and the possible employee are about to embark on, your company needs to protect its employees and and be aware of any criminal convictions that the potential new hire may have.

For example, there were almost 572,000 non-fatal crimes that occurred in the workplace each year from 1993 to 2009, according to the Justice Department Bureau of Justice Statistic Workplace Violence. However, many of these cases potentially could have been avoided if criminal background checks had been performed to protect employers.

So in consideration of the information above, a criminal background check is the sure-fire way to help protect employers and help keep your workplace environment safe for employers and employees alike. By eliminating possible issues with potential employees, a criminal background check allows businesses to focus on the tasks at hand.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

Marijuana legalization passed in several states, but remains illegal at the federal level. Drug convictions are some of the most common charges to show up on a criminal background check. Many of these convictions involve marijuana, a substance once strictly prohibited in all states and now available for recreational use in a few regions and medical use in many more.

Recent changes in marijuana legalization have added to the confusion of the criminal background check process.

Federal Law Versus State Marijuana Legalization Law

While recreational use of marijuana is deemed legal in many states, it remains illegal at the federal level. As such, employers can still terminate employment if they discover that employees have used marijuana recently, especially in the workplace. Federal law protects employers’ right to create a zero-tolerance drug policy, enforced, in part, through background checks. Thus, regardless of whether businesses are based in recreational marijuana legalization states, medical marijuana legalization states, or states in which all use of cannabis is prohibited, it is perfectly acceptable to bar current drug users from employment if their drug use could potentially harm customers or other employees. Background checks remain a thorny issue, so it is important to use discretion and get legal counsel. Regardless of federal legality, it may be deemed discriminatory to bar somebody with an old marijuana conviction from, for example, a retail job.

The Role of Drug Testing

Many employers continue to use drug testing to determine whether new and current employees have abided by company drug policies. These tests are often inaccurate, as cannabis may linger in the system for up to six months after it has been used. However, for some employers, any evidence of past cannabis use is grounds for termination or non-hiring. For employers who utilize drug testing, it is imperative that employees are informed of the role of drug testing in the workplace, who is subject to drug tests, and how often they will occur. Policies regarding drug testing and the termination of those with drug-related convictions should be clearly outlined in the employee handbook.

For businesses located in states that permit recreational marijuana legalization, the decision of whether to enforce a zero-tolerance policy ultimately comes down to personal preferences. There are no legal consequences for those who opt for the zero-tolerance approach. In fact, in many industries, this approach is necessary for workplace safety, particularly in childcare, health care, and transportation. Accusations of discrimination may arise for those who bar employees with previous drug convictions, so drug testing may be a more reliable means of weeding out drug users.

Source: http://www.drugfreebusiness.org/Media/documents/IBH_workplacetesting.pdf

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

One could be forgiven for thinking that an FBI fingerprint database check is the creme de la creme of background checks, the figurative gold standard of all that is out there. Though popular due to being well-known, such background checks are intended for law enforcement, not as an employment screening tool. Consequently, there are numerous oversights that employers should be aware of prior to relying on the FBI as the sole pre-employment background check.

As a pre-employment and tenant background screening service, Screening Intelligence is dedicated to protecting the safety of employees and landlords. While state legislators are to be applauded for their efforts at mandating background checks for many industries, the FBI screening tool should be supplemented with other, more comprehensive measures in order to lessen risk.

Here are three of the primary reasons why FBI fingerprint database isn’t sufficient on its own.

1. Incomplete

Although television shows such as “Criminal Minds” and “CSI” perpetuate this notion that the FBI fingerprint database is all-encompassing, it simply isn’t true. One of the most egregious mistakes is that the FBI doesn’t always offer information about the outcome of a case. For instance, there aren’t details stating if a case was dismissed, or a record expunged. In 2013, the National Employment Law Project released a report indicating that such inaccuracies are potentially preventing 600,000 Americans from being hired at jobs they otherwise would be perfectly suited for on an annual basis.

2. Inaccurate

Roughly half of all final outcomes from criminal cases are missing from the FBI fingerprint database simply because some states aren’t required to report them. A 2015 Government Accountability Office Report underscored this point by stating that 10 states reported that their databases were 50 percent or less complete; 13 states reported a completion of only 50 to 75 percent; while a mere 20 states reported 76 to 100 percent completion. Seven states didn’t offer any information.

3. Applicant protections

FBI fingerprint database reports do not provide applicants with the sorts of protections that the Fair Credit Reporting Act (FCRA) and similar state laws mandate. Ordinarily, applicants have the right to know what is on their record and then dispute it. Without exercising that right, a person may be excluded from a job due to an error or oversight.

Consumer reporting agencies (CRAs), including Screening Intelligence, go far beyond fingerprint databases to ensure accuracy. Many CRA services will include using personal identification information to examine hundreds of primary sources, such as education, employment, driving records, and criminal history backgrounds with outcome data. When you’re trying to decide what background checks service to use, consider one that provides you with the whole picture.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

 

It’s every company’s worst nightmare: handing the proverbial keys to the computer system to a cyber criminal. And yet, that’s what thousands of companies do if they don’t properly screen their new network administrators and systems administrators for criminal history or other shady dealings. According to the Bureau of Labor Statistics, the job outlook for network security administrators is expected to grow 18 percent, which is faster than the current job growth. With this growth comes a crop of new cyber criminals ready to step in and take advantage of unsuspecting companies.

Not a Cyber Criminal…Yet

According to Computer Weekly, cyber criminals are already looking to compromise a company’s staff by looking through their social media accounts and coercing their compliance. About 61 percent of companies have been compromised in their security, whether intentionally or inadvertently through their employees’ actions. If these people had been screened and properly vetted, there would be a lower probability of this happening as the company could be made aware of the potential threat of hiring a cyber criminal.

Types of Security Concerns

Hacking is no longer the realm of the kid in his parent’s basement causing a bit of trouble because of a virus or malware. Hacking is big business — cyber criminal business, but still big business. Hackers aren’t the kids who bring down the grandparent’s home computer; they are part of organized crime, government intelligence agencies, terrorists, or even eastern European firms that are for hire to destroy any system for a fee. Symantec’s 2015 report shows that malware continues to attack systems. In 2014, some 317 million pieces of malware were identified. The hackers that network administrators and systems administrators are up against are well educated and sometimes better funded than they are. It’s little wonder that the very people companies hire to protect their systems are the same ones who may destroy them.

Sources: http://www.ecpi.edu/blog/2015-cyber-security-trends-hacking-internet-of-things

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

You may hear about the horror stories that can result from a failure to implement complete workplace background checks on employees in the news or through the grapevine fairly regularly. But it’s unusual that when stories are told of gross employee theft, violence, criminal incompetence or a dozen other things that improperly vetted staff may do to hurt their employers, that anything other than the disturbing act itself and the resulting damage is shared. What you rarely hear about is that the offending employee’s background was not thoroughly researched, that there was no criminal background check or that the workplace background check was not done well.

Here are a few examples of the kinds of things that can happen, and have on a massive scale in recent years, as a direct result of a failure to perform proper and complete workplace background checks.

Workplace Violence – From the sad, tragic, and outrageous circumstances that can result from violence in the workplace, nothing can make incidences like these more bitter to the employer and HR department than knowing that violence committed by an employee could have been avoided with thorough workplace background checks.

Professional Theft – Oftentimes, professional criminals live out their careers in crime knowing that they are guaranteed to spend part of their lives in prison. For such a person, committing fraud in the job application and interview process is simply a matter of trying employer after employer until someone forgoes criminal workplace background checks and hires them. When this happens, the new employee can quickly gain access to valuable capital, cash registers and commit massive theft. Such a person may not be afraid of being fired or incarcerated. To them, the risk may be worth the reward.

Frivolous Lawsuits – In today’s employment market, there is very little loyalty between employer and employee, and there are a small but dangerous number of people out there who make their livings by filing frivolous lawsuits against employers. For those who are talented at this – just about any kind of employer – no matter how honest or well-meaning, is at risk.

Gross Incompetence – An incompetent employee can cost an employer massive amounts of money, or cause incalculable damage in a matter of hours, sometimes even moments. Heavy equipment operators, those who handle client’s financial information, and many other seemingly simple positions place the integrity of an entire organization in the hands of a single employee.

By performing simple and relatively inexpensive workplace background checks, you may avoid many of these dangers as well as the one that loom behind all of them: negligent hiring lawsuits. Don’t let your firm become another statistic by forgoing employee workplace background checks on all new and recent hires.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

In the digital age privacy, safety, and security are high commodities. More and more of the business we conduct is done via electronic means. This makes it easier for criminals to falsify their identities, perpetrate fraud and to leave their criminal records far behind them. We have put together a helpful list of background check frequently asked questions.

It is more important than ever for employers to know that the people they hire are who they say they are and deserve the trust for which they are asking. With modern computer hackers and identity fraud on the rise, online background checks are becoming an ever more important line of defense for modern business.

Here Are The Top Background Check Frequently Asked Questions:

What is an online background check?

This is one of the top background check frequently asked questions that arises. An online background check refers to the process of searching and assembling the criminal, financial, commercial and other records of a person or persons.

These checks are done to ensure a potential applicant or employee does not have a criminal record which may disqualify him or her for the job, that they have the credentials they claim to have, and that they are trustworthy.

Why should I run background checks?

For employers, a background check can serve several purposes:

• To verify a person’s identity
• To ascertain a person’s possible criminal history
• To help promote workplace safety and security
• To conform with security policies

Why are there so many different types of background checks?

Background checks have become very common and are a preferred way to screen a person’s history. There are many different reasons an employer or others may benefit from running a background check to include the following:

• General background checks for employment
• Criminal background checks for firearm purchases
• Government background checks
• Background checks for childcare providers
• Eviction records, for property rentals and leases

Is there such thing as a Standard Background Check Package?

In short, no. This is one of the most misunderstood background check frequently asked questions that arises. For an individual background check service, there will be standard packages, but these will vary greatly from one vendor to another. At InstantCriminalChecks.com, we offer a few different background check types such as a State or National Criminal Background Check, a Federal Criminal Check as well as County Criminal Background Checks.

Is a background screening program worth the investment?

Absolutely. Before online background checks became readily available, the main way to check a prospective employee or renters’ background was to engage the expensive services of a private detective.

Today, it is possible to order background checks online to help you know whether or not you are dealing with the person they say they are, bringing peace of mind and security to your home or office.

How do we start a background screening program?

Begin simply by selecting the type of background check you wish to perform. Click on “Order Now” to begin the process. Otherwise, you may request a quote or view a sample background check.

If you have additional background check frequently asked questions, click the following for more information about FAQ Background Check Questions and the services we offer.

Source: https://en.wikipedia.org/wiki/Background_check

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

An employee is one of the most important investments a company can make, doubly so for a small business like yours. With fewer employees to rely on, selecting top-notch individuals is vital, as is reducing training time by retaining quality talent. The applicant tracking process and small business background checks can help achieve these objectives.Small business background checks enable hiring managers to select more qualified candidates, saving them time and energy in the hiring process.

More Information to Consider

Sometimes a seemingly perfect candidate has a less-than-perfect background that he or she failed to mention at the interview. Depending on the severity of their past legal issues, a small business could be putting themselves out – to the end of potentially losing their entire business – by associating with that individual. A business that, for example, caters to children’s birthday parties would likely not survive the credibility fallout if a child abuser was suddenly uncovered within their staff. Small business background checks may help a hiring manager discover this information.

Building Trust From the Beginning by using Small Business Background Checks

With the impact of small business employees increased due to their smaller numbers, the chances of assigning important job duties early on is high. As a small business owner, it’s only natural that you would worry or even second-guess your decision to hand over the store keys or operations, even temporarily, to a new hire. Performing a small business background check helps to forget a better bond of trust and helps to make your team more cohesive from the start.

As your small business strives to become larger, avoiding small business background checks is only postponing an unpleasant surprise as your hiring volume increases. You wouldn’t hesitate to invest time and training in a worthy new employee, so don’t second-guess your investment when it comes to finding a worthy employee in the first place.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

Because of America’s inconsistency with teacher background checks, teachers accused of misconduct have been able to sneak to a different state and maintain their teaching license.

Laws vary from state to state, meaning that not every state uses the same uniform practices to screen teaching applicants. This allows a teacher that might have been unfit to teach in Pennsylvania to move to California and start anew.

How does your state rank on teacher background checks?

USA TODAY shed light on the matter by collecting data from school officials across the nation in order to give each state a ranking on how well it screens teachers before hiring them. The scale ranges from A to F and gives up to 40 points for how a state checks an applicant’s background, up to 40 points for if the state shares the licensing and disciplinary information publicly or in a nationwide database, and up to 20 points if the state has laws that forces educators to report misconduct to the state.

Overall, the only states to score the top ranking of A were Oregon, Hawaii, North Dakota, Ohio, Vermont, Alabama, and South Carolina. Eight states had a ranking of B, 13 states had a ranking of C, 10 states had a ranking of D, and 12 states had a ranking of F.

Results of Teacher Background Checks Study by USA TODAY NETWORK.

Grade	State
A	Alabama, Hawaii, North Dakota, Ohio, Oregon, South Carolina, and Vermont.
B	Arizona, California, Iowa, New Jersey, New York, Pennsylvania, Texas, and Washington.
C	Alaska, Arkansas, Colorado, Florida, Georgia, Illinois, Kansas, Kentucky, Minnesota, Montana, Nebraska, South Dakota, and Wisconsin.
D	Connecticut, Delaware, Idaho, Mississippi, Missouri, Nevada, Rhode Island, Utah, Virginia, and Wyoming.
F	Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Mexico, North Carolina, Oklahoma, Tennessee, and West Virginia.

 

Most of the lower states only had district-level teacher background checks instead of state-level teacher background checks. Some states also did not have records of disciplined teachers at the state level, meaning that even if a background check was performed, it would come back clean.

Some educators across the nation are taking steps to improve their rating. Hendry County schools in Florida are now running a Google search on all applicants, while Collier and Lee schools host an onboarding session with all new teachers to show them their professional standards.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.