Background Check

Golf · August 2004

I have been asked to look into doing background checks on all new hires. We are a light industrial manufacturing company. What are some of the pros and cons of doing a background check? Do you use an outside service?

Any information would be appreciated.

deniseE · August 2004

We just finished writing such a policy/procedure...the upside is that you can weed out employees that might be prone to violence or criminal behavior.

The downside, is that you need to have a tight policy that is fair to all individuals that will be evaluated under this policy. And be prepared to defend it.

We elected to obtain our background check through our State Police. It's fairly inexpensive compared to some of the 3rd party entities that we had...we're hoping it's also more reliable/accurate.

The other angle to consider is whether or not you will evaluate existing employees and how. will it be on going?

Shadowfax · August 2004

It is my opinion that you must also comply with the notice requirements of the FCRA, which can be onerous. I think others on this forum have disagreed in the past, but I don't see any way around it. Even the State Police checks would appear to me to be subject to the Act if you are using the info to make hiring/firing decisions. An outside agency will generally handle that part for you - but -they will not be solely liable in the event of a vio of the FCRA.

twochr · August 2004

if you are only going to do background checks and not credit checks, then you don't have to worry about the FCRA. Our company is a real estate developer; however, we do own two apartment complexes and we manage and maintain. We do background checks on all apartment hires due to the fact that they will be going into people's apartments to make repairs, etc., and they do have master keys. We adhere to this policy strictly for all apartment hires, even if they are just leasing assistants who never get out of the office. We use an outside agency that we trust. We do not do background checks on other hires. We do have a signature block on our applications for a paragraph that says we have the right to do any background checks we deem necessary, pre-employment drug testing, credit checking, etc.

pork1 · August 2004

GOLF: We use an outside resource for complete background checks and the cost is very reasonable. We do this on CDL driving positions, I also augment that check with local phone calls to listed references provided by the individual on our applications. From these contacts I ask for others that know this individual and I also contact them for references on the individuals character. The out side source is DAC services, they have recently been bought out and now have a a new name but the DAC Services will still get you to the new web page.

PORK

Don D · August 2004

I disagree with the notion that only credit checks are subject to FCRA and also with the notion that driving records are 'consumer reports'. FCRA is all about consumer reports and consumer reporting agencies, both of which are clearly defined in the act.

Even if we assumed the highway patrol or police department to loosely meet the definition of a consumer reporting agency, the information they provide does not meet the definition of a consumer report, which is: "any written, oral or other communication by a consumer reporting agency bearing on credit worthiness, credit standing and capacity, character, general reputation, personal characteristics or mode of living which is used or collected for the purpose of serving as a factor in establishing eligibility for employment purposes".

Driving records, criminal records and employment verifications do not meet any part of that definition. Nor, as you can see, is that definition restricted to 'credit checks'.

Shadowfax · August 2004

Well, I have been driven, finally, to research for a definitive answer regarding criminal history checks and whether they are covered by the FCRA. Here is the skinny as I can find it:

"A report concerning an individual's driving record or criminal record constitutes information about the 'character, general reputation, personal characterisstics, or mode of living' of the individual and thus meets the definition of a 'consumer report' under section 603(d)(1), if the third party performing the check is a 'consumer reporting agency'as the term is defined in section 603(f) of the FCRA.

When an employer obtains information that is available to the public from a local law enforcement agency or police department, the empoloyer's actions are not covered by the FCRA".
FTC Staff letter, June 11, 1998.

So, the same information obtained from a different party is, on one hand covered by the FCRA, and obtained from another party not covered. Get your criminal/driving history from the police and no need to comply with FRCA; get it from your third party supplier, and you must comply. It ain't the info, it's whom you get it from that matters. Makes perfect sense to me! And we're supposed to be able to figure this nonsense out!!

neveradull · August 2004

If what you are looking for is a criminal history check you can do that yourself by going through the state highway patrol, go to: [url]https://watch.wsp.wa.gov/[/url] follow the instructions and sign up. If you are a non-profit it is free otherwise costs ten bucks.

Don D · August 2004

[font size="1" color="#FF0000"]LAST EDITED ON 08-26-04 AT 02:49AM (CST)[/font][br][br]That's a hoot, and not particularly accurate if you want a thorough check. When we check someone's criminal history, you cannot do that by going through the state highway patrol only. That information must be accessed county by county based on where the candidate lived historically. There is no national database for this information and certainly does not just cost ten bucks. We often pay as much as 10 per county. It can cost a ton of money to run state criminal and misdemeanor history, plus driving record history, plus each county you want checked out across the country.

If all you want is the State of WA MVR, it may cost ten bucks, but conviction history goes much, much deeper and gets expensive to access. By the way, those of you who employ OTR drivers know that while a first or second offence DUI is typically a misdemeanor in the United States, a DUI record of a US citizen who wants to drive into Canada, shows up as a felony on the Canadian database and they cannot proceed across the border.

karenmc · August 2004

We subscribe to publicdata.com and I run a check on each temp that comes in the building. I've seen everything from burglary to aggravated sexual assault. It may not catch everything but has helped me weed out potential problems.

Don D · August 2004

Without me having to research the site, can you tell us what it costs to subscribe and how the billing works if you do access the database to run a background?

LarryC · August 2004

I went to the site was able to access the price list right off the home page. You can even get a free demo.

Crout · August 2004

In Pennsylvania, you can run a check through the State Police, which covers the entire state. The cost is $10 per check. We do this to comply with existing State laws that mandate background checks for new hires. For folks who live out of state, or who have recently moved here we run background checks through the FBI, which is $24. The FBI check is a real pain as the candidate must have fingerprints taken from their local police, which are then submitted to the FBI. The FBI check covers the nation.

Don D · August 2004

But only for CERTAIN types of convictions. You will not discover a DUI on the FBI check. Nor will you find an arrest and conviction for misdemeanor domestic assault in Bumtap, Utah, County of Heathcliff.

awilliams · August 2004

Golf, you've received a lot of very good advice here on the Forum. I also wanted to remind you that as a subscriber you can download a free copy of our HR Executive Special Report entitled, "How to Make Background Checks Part of Your Hiring Process." It includes a lot of good information that you might find helpful. You can access it on the subscribers area of this website.

Anne Williams
Attorney Editor
M. Lee Smith Publishers, LLC

neveradull · August 2004

[font size="1" color="#FF0000"]LAST EDITED ON 08-26-04 AT 11:20AM (CST)[/font][br][br]I agree with all the good info provided. Perhaps I should have clarified that in Washington the State Highway Patrol is responsible for the database that records criminal histories from all counties in the state and covers misdemeanors to rape and murder. If you want driving records you need to go to the drivers licensing department. The highway patrol "WATCH" check is required for all potential employees who may have access to children or vulnerable adults. The data you receive is state specific and great provided the
employee has been in the state more then two years. If you need a more comprehensive check and have the time to wait then you can't beat the FBI check. Otherwise "WATCH" is great and has saved us from making several hiring mistakes.

ILBanker · August 2004

We are a small community bank and decided this year to start doing background checks on all new hires. We use a company called Infolink Screening Services. Pricing depends on how much information you want. They will do as much or as little as your would like. Their website is [url]www.infolinkscreening.com[/url]. We have had good results with them so far. The turnaround time is 48 to 72 hours depending on how extensive the search is. Our managers don't like the additional time that it takes, but it has helped us identify problems with individuals that we might otherwise have hired. Well worth the headaches in my opinion. Good luck!

Background Check

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