Naked

In The Break Room By Andy Andersen

 Preface Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9

Table of Contents

Justification Information Speed Compliance Pricing Vulnerability Detonation Validation Corrections

 The purpose of this book is twofold. First: Most Human Resources professionals, or people in the workforce who are in charge of background checks at their company, do not fully understand how background checks work. This is not a slight; simply a matter of fact. The truth is, many people in the background screening industry have gone out of their way to mystify the process and their chicanery has lead to misunderstandings about: Information sources Data quality Turnaround time Regulatory compliance Pricing If you dont fully understand these elements of background checks, how can you possibly make informed decisions about what searches to perform for different positions, how much reliance to place on the different types of information, how to manage internal expectations regarding time-to-hire, how to determine if you are following the law and how to effectively negotiate reasonable rates. This book attempts to address these issues in a transparent manner so that the reader has a better understanding of these issues and can: Ask intelligent questions of their background screening provider Better understand the pros and cons of background checks Adjust their screening program to maximize value After reading this book, the HR professional will know: What information is the most reliable and least reliable for hiring decisions Reasonable turnaround times and what issues affect turnaround time Which regulations to follow for different search types in different states Factors that influence price points so you can negotiate the best rates Hopefully, the information presented in this book will help demystify background checks so you can access the services you need, disregard the services you dont need, use the services to achieve the most desired results and get what you pay for. Second: Most people have no idea what kinds of information is accessible to companies and how naked they really are when applying for a job.

PREFACE

Knowing what information is available and taking steps to manage perceptions about questionable information can give people a leg up when seeking employment. This is not about helping dangerous people game the system so they can pass a background check. A good quality background screening package will usually catch the bad apples. I say usually because background screening is a necessary but imperfect process. There are limitations and sometimes, with poor quality record-keeping or data manipulation or people adept at identity theft, a truly malevolent person can slip through the cracks. This is about helping good people who may have something questionable in their past that can be satisfactorily explained with additional context; or people who are mistaken for someone else with the same name and date of birth; or people who have been subject to a records error that improperly characterizes an incident from their past. After reading this book, the prospective employment candidate will know: What information is available to employers and how to obtain it How to neutralize questionable information before an interview How to dispute incorrect information on a background check As I mentioned previously, background screening is a necessary but imperfect process. Getting the inside scoop can help employers make more effective use of these services and help qualified applicants achieve gainful employment.

 Why do so many companies feel its important to run a background check on employment applicants? These sobering facts can help answer this question. Bad Hires Negligent hiring cases have had verdicts of up to $40 million. Source: Gurtin vs. Nurse Connection, etc. al., 2002 The average settlement of a negligent hiring lawsuit is nearly $1 million. Source: Human Resources Management, 2008 Employers have lost more than 79% of negligent hiring cases. Source: Fortune, 2/00 It costs $7,000 to replace a salaried employee, $10,000 to replace a mid-level employee, and $40,000 to replace a senior executive. Source: Recruiting Times The U.S. Department of Labor estimates that the average cost of a bad hiring decision can equal 30% of the first years potential earnings. Source: U.S. Department of Labor Replacing supervisory, technical and management personnel can cost from 50 to several hundred percent of the persons salary. Source: Society for Human Resource Management, Recruitment and Selection Presentation, 2008 Employee Theft In 2008, the majority of retail shrinkage was due to employee theft at $15.9 billion, which represented almost half of losses (44%). Source: National Retail Federation Security Survey, 2008 In 2008, the average employee theft case was $2,672. Source: National Retail Federation Security Survey, 2008 30% of all business failures are caused by employee theft. Source: American Management Association and US Chamber of Commerce In 2007, one in every 28.2 employees was apprehended for theft from their employer. Source: Jack Hayes International, Inc., 2007

Chapter 1 Justification

The FBI calls employee theft the fastest growing crime in America. 55% of perpetrators of employee theft are managers. Source: American Society of Employers 75% of all employees steal at least once. Source: U.S. Chamber of Commerce False Information 53% of all job applications contain inaccurate information. Source: Source: Society of Human Resources Management, 2003 In a survey conducted by CareerBuilder.com, 49% of the 3,100 hiring managers surveyed had caught a job applicant fabricating some part of his/her resume. Source: CareerBuilder.com Survey, 2008 34% of all application forms contain outright lies about experience, education, and ability to perform essential functions on the job. Source: Wall Street Journal, 2003 9% of job applicants falsely claimed they had a college degree, listed false employers, or identified jobs that didn't exist. Source: Resume Inflation: Two Wrongs May Mean No Rights, by Barbara Kat Repa, Nolo.com, 2001 11% of job applicants misrepresented why they left a former employer. Source: Resume Inflation: Two Wrongs May Mean No Rights, by Barbara Kat Repa, Nolo.com, 2001 Nearly one-third of job applications listed dates of employment that were inaccurate by more than three months. Source: Resume Inflation: Two Wrongs May Mean No Rights, by Barbara Kat Repa, Nolo.com, 2001 On the Job Violence The most common effects of workplace violence incidents on employees include decreased morale, decreased sense of safety, decreased productivity, decreased trust among co-workers and increased stress and depression. Source: SHRM Survey Findings: Workplace Violence, 2012 Up to 5% of American workplaces experience a workplace violence episode annually. Source: OSHA Forms Alliance Focusing on Workplace Violence, by Roy Maurer, Society of Human Resources Management, 2009 FBI

 Studies estimate nearly 355,000 businesses will experience a workplace violence episode in any given year. Source: Source: OSHA Forms Alliance Focusing on Workplace Violence, by Roy Maurer, Society of Human Resources Management, 2009 13% of the 5,840 workplace fatalities that happened in 2006 were the result of assaults and violent acts. Source: U.S. Bureau of Labor Statistics, 2008 There were 11,613 workplace homicide victims between 1992 and 2006, averaging just under 800 homicides per year. Source: Bureau of Labor Statistics Census of Fatal Occupational Injuries, 1992-2006 Of those establishments reporting an incident of workplace violence in the previous 12 months, 21% reported that the incident affected the fear level of their employees and employee morale. Source: Bureau of Labor Statistics, Survey of Workplace Violence Prevention, 2005 Drug Abuse More than 75% of substance abusers are employed. Source: Substance Abuse and Mental Health Services Administration, Office of Applied Studies, 2008 In 2007, 8.4% of those employed full-time were current illicit drug users, and 8.8% reported heavy alcohol use. Source: Substance Abuse and Mental Health Services Administration, Office of Applied Studies, 2008 Substance abusers change jobs as frequently as 3 times a year. Source: Worker Substance Use and Workplace Policies and Programs, by SAMHSA, 2007 Substance abusers are at least 33% less productive. Source: Working Partners, National Conference Proceedings Report, sponsored by U.S. Department of Labor, the SBA, and the Office of National Drug Control Policy, 1992 Substance abusers are 2.5 times more likely to be absent 8+ days a year. Source: Working Partners, National Conference Proceedings Report, sponsored by U.S. Department of Labor, the SBA, and the Office of National Drug Control Policy, 1992

Drug abusers cost twice as much in medical and worker comp claims as drug-free workers. Source: U.S. Department of Health and Human Services, National Institute on Drug Abuse, 2002 Clearly, employment screening can help minimize an employers exposure, but background checks are not perfect. Its important to use the best sources of information and the best combination of searches to ensure the greatest protection for your company and to further minimize your companys exposure.

 Before we get into a discussion about different information sources, lets first review how background checks can create additional exposure and liability for an employer. You really must know the risks before you can enjoy the benefits. Criminal background screening for employment purposes should not be undertaken lightly. As valuable as it has proven to be, background screening is a process that implicates a broad variety of privacy and safety concerns that people hold very dear. Ideally, employers who seek criminal history information want to be able to make informed decisions about whether an individual, if employed, will contribute to a safe and productive workplace or may cause some harm to person or property. This decision cannot be fully informed until employers appreciate the scope of what it means to conduct a criminal background check, including understanding how to do so legally, what sources of information are reliable, and what to do when the accuracy and/or completeness of information is called into question. Legally Accessing Criminal Background Information Employers using consumer reports for employment purposes must adhere to a number of legal requirements before they can obtain or use a criminal background check on an employee or job applicant. For example, under the Fair Credit Reporting Act, employers obtaining consumer reports are required to: Make a clear and conspicuous written disclosure to the applicant or employee that a consumer report may be obtained. This disclosure must be made before the consumer report is obtained or caused to be obtained. The disclosure must consist of a separate document - not be incorporated into an employment application. Obtain the written authorization of the applicant or employee prior to requesting the report. If any adverse employment action is taken based in whole or in part upon the consumer report, the employer must provide two notices to the subject of the report before and upon actually taking the adverse action. Before taking the adverse action, the employer has to provide the applicant or employee with both: A copy of the consumer report obtained from the CRA. A summary of the consumer's rights under the Act. After providing this information, the employer must wait for a period of time (approximately five days) before actually taking the adverse action. As described more fully below, this waiting period allows the applicant or employee to identify any inconsistencies or inaccuracies in the consumer report. Upon taking the adverse action, the employer must provide the applicant or employee with all of the following: Notice of the adverse action taken

Chapter 2 Information

The name, address and toll-free telephone number of the consumer reporting agency that furnished the consumer report A statement that the CRA did not make the decision to take the adverse action and is unable to provide the consumer the specific reasons for the adverse action Notice of the consumer's right to obtain a free copy of the consumer report from the CRA within 60 days Notice of the consumer's right to dispute the accuracy or completeness of any information in the consumer report furnished by the CRA What Does a Criminal Background Check Cover? Criminal background screening typically includes all information about a person's interactions with the law that a company is entitled to consider in making employment decisions. Unfortunately, the limited availability and questionable accuracy of some public record information makes this difficult, if not impossible, in all cases. Employers first must understand that there is a significant difference between what a CRA can report vs. what an employer can legally use when making employment decisions. CRAs can report most varieties of adverse information (including, for example, arrest records) going back seven years under the FCRA, and there are no time restrictions on a CRA's reporting of criminal convictions. Much more restrictive state laws, however, primarily regulate employers' consideration of criminal histories for employment purposes and the restrictions are as diverse as the number of states in the union. Many states, for example, have laws that specifically prohibit an employer from using an applicant's arrest record in making an employment decision. Some state law prohibitions also extend to the use of certain conviction records. Most states restrict an employer's use of criminal records that are sealed, annulled, expunged and/or pardoned by the governor. As a result of these and other restrictions, employers must endeavor to understand what information they legally can receive from a CRA and use in the states in which they operate or conduct business. Employers also must be cautious about what information they receive from CRAs because the availability of validly reported information that may not be used to make employment decisions can cause headaches in litigation. Suppose a CRA validly reports an arrest record that occurred within the prior seven years. An employer is prohibited and/or restricted from using such information in most jurisdictions. So, the employer rightly ignores the arrest record and refuses to hire the applicant on the basis of other permissible criteria. The difficulty comes if the applicant subsequently claims that the employer based its decision on the prohibited criteria. The employer's defense is that, although it was aware of the arrest record, it did not base its decision on that information. In most cases, this question can be resolved only by a jury judging witness credibility, exposing the employer to significant defense costs and the potential for losing the lawsuit.

 It is essential that the employer communicate actively with its CRA to restrict the flow of information beyond what is validly used in making employment decisions. Using Identifiers and Sources Of Criminal History Information A comprehensive criminal history check involves accessing numerous sources of information. Further, the availability of criminal records will vary by jurisdiction, meaning that search procedures used in one state may not yield the same body of information in another state. A search for criminal records contains several parts: Sources of the records Types of records available Method of retrieval Identifiers used to locate a subject The first step is to compile personal identifiers about the individual that will help locate the correct criminal records. As explained below, different databases of criminal records contain different identifiers. Some databases, for example, do not contain date of birth (DOB) or Social Security Number (SSN) information, making an exact match difficult for individuals with common names. Full name and DOB are the most common identifiers, but SSN and driver's license number may be used as well. Because common names may pull up records for a number of different individuals, it is important that employers ask individuals to provide full names (including middle), maiden names and any other names used in the past. For the same reason, individuals should provide home addresses going back as many years as will be searched. It also is fairly common for CRAs to identify past addresses for an individual by running an SSN trace. By using a variety of identifiers, a CRA can verify that the correct records for a particular 'John Smith' are being accessed. Previous address information also will assist the CRA in deciding which county databases should be searched. Contrary to popular belief, there currently is no one-stop comprehensive source (that is , an all-inclusive national database) for criminal background information. It is essential, therefore, for employers to work closely with their CRAs to devise an appropriate background screening procedure that efficiently accomplishes the goals of accurate, comprehensive, consistent, timely and legal reporting. The types of records available and methods of retrieving data vary depending on the source of the criminal records. Briefly, these are the various access points for criminal history information and what they have to offer. County courthouses Counties are the source of criminal information and, as such, generally have the most complete criminal history information. Many CRAs consider that a criminal background check is not complete without a search of all the counties in which the employee has

lived during the relevant time period. County records generally contain information about felonies, misdemeanors, infractions, and traffic violations in addition to arrests, cases without disposition and expunged cases. Information is available only for cases originating in that county. Available data may be further limited to the particular courthouse containing the records. State Databases State databases of criminal information are compiled from the underlying county criminal history data. Thus, state repositories rely on local jurisdictions to report criminal information. Such reporting can be inconsistent or infrequent from locality to locality, and all levels of offenses may not be reported. Proper identification of the subject can be difficult because common identifiers may be omitted from the index, even if the information sought is publicly available. State law determines what types of records will be transmitted from the counties to the state criminal databases. For the most part, those records include felonies, misdemeanors, infractions, traffic violations, arrests, cases without disposition and expunged records. Unlike county records, which are in the public domain, states own and maintain their own criminal databases, and state laws may restrict access to various types of records. State repositories maintain a 'rap' sheet on each individual, initiated at the time of arrest. The entire criminal history is available based on information that is considered publicly accessible under that state's laws. Searches may require the subject's fingerprints, and cases may be reported without final disposition. State repositories can be useful for identifying the appropriate county in which to search for a particular subject's criminal records. Federal Records As the name suggests, only federal felony and misdemeanor records are available from this source, which constitutes a fairly narrow body of information (as the vast majority of criminal activity concerns violations of state law). The primary method of retrieval is online through the federal courts' Public Access to Court Electronic Records (PACER) or Case Management/Electronic Case Files (CM/ECF) systems. While there is more consistency at the federal level than at the county and state levels, the scope of available information still varies somewhat by court. For federal cases, the only identifier available is name (because DOB and SSN have been removed), which can make identification of a particular individual difficult. Private Databases These are privately owned databases of criminal information maintained by various companies and made available online to users for a fee. The type of information available varies by database both in scope and completeness, but usually will include felonies, misdemeanors and infractions. In some cases they also include information

concerning past searches done about an individual. This latter service is unique to proprietary databases. For the most part, companies that provide such information endeavor to populate their proprietary databases with bulk information available electronically from county and/or state sources. Not all records are available electronically, however, which means that proprietary databases may not always be as current as the source records. As detailed above, federal law requires that the CRAs notify the individual that a search of public records is being reported or maintain strict procedures to ensure that such information is complete and up-to-date. Smart consumers of proprietary databases should (at a minimum) ensure that their CRA is complying with this federal standard and any related state laws that may impose additional safeguards beyond those of the federal law to ensure that criminal reports are current and accurate. Strategies for Searching There are a couple of strategies that employers should use to ensure that the criminal background checks they order and purchase are as complete, accurate and thorough as possible within legal bounds. Giving Notice Employers must give notice to and obtain authorization from the individual as required by the FCRA and state laws. This function can be outsourced to a CRA, but the employer ultimately bears the responsibility for seeing that the notice and authorization requirements are satisfied. As part of the notice and consent process, employers should ask for as much identifying information as possible, including maiden and former names, middle names and initials, and any other name by which the subject is known. It also is a good idea to ask for both current and past addresses, going back as many years as will be searched. The more information available to identify a subject, the easier it will be to locate the correct criminal records and to avoid mistakes. Where to Search A comprehensive background search will include a search for records in several different locations, as described above. State databases and several large private databases can be used as pointers for the more specific and complete local searches. A federal PACER search may be included as well. The most comprehensive searches are confirmed by cross-checking databases. For example, if a search reveals a 'hit' (that is, the individual has a criminal history) in one of the proprietary databases, an employer should consider whether that 'hit' should be confirmed with a relevant local search.

About Incomplete Cecords Due to the limitations inherent in the system, it is possible or even likely that some of the records received from various sources will be incomplete or inaccurate. Under the federal law as construed by the FTC, an employer intending to take adverse action on the basis of a consumer report must give the individual an opportunity to come forward with additional information about the report including, potentially, that it is incomplete or inaccurate. If the individual does not come forward or the additional information offered is not compelling, the employer may proceed with the adverse action process, part of which involves notifying the individual that any further disputes regarding the accuracy of the report should be raised directly with the CRA, taking the employer out of the equation.

Chapter 3 Speed Having reliable information will protect your company from legal exposure, but getting the information quickly will protect your companys position in the market. When its time to fill an open position, time is of the essence. Unfilled positions can hurt morale and limit productivity. But before you can onboard a new employee, you need the completed background check. And what about the applicant? If the background check takes too long, you may lose a qualified and talented applicant to another company. There are certain factors that affect turnaround time, including: Third parties who must provide or verify information, like other employers, universities, drug screening labs and court researchers. The background screening companys customer service team The background screening companys information system The background screening companys data vendors Background screening companies know all about these factors and some companies are very good at playing the blame game to explain delays. While there are definitely some unique circumstances that may cause a legitimate delay from time to time, the best background screening companies are those that: Own their information system and manage it with their own IT professionals Employ knowledgeable, responsive customer service agents Use the most reputable data vendors in the industry Religiously follow up with any third parties to obtain critical information Before selecting a background screening vendor, the best way to evaluate their reputation for turnaround time is to question their clients. Good turnaround time on a screening package with no drug screens is Same Day to 36 hours. Add another 12 to 24 hours for packages with a lab-based drug screen. In rare cases, a screening package that includes employment or education verifications may take up to five days, depending on how fast a former employer or university responds. We have heard horror stories of basic background checks taking 7 to 14 days. There is no reasonable explanation for this and it should never be tolerated. There are plenty of options in the market to choose from so shop around and check references.

Chapter 4 Compliance There are many excellent resources that can help ensure you are following the law when using background checks. First and foremost, your background screening companys customer service team should demonstrate a firm grasp of the Fair Credit Reporting Act, regulatory guidance provided by the Equal Employment Opportunities Commission and state regulations that govern the use of background checks for hiring decisions. That said, you should always consult an attorney who specializes in employment law to help you fully understand the federal and state regulations pertaining to the background screening process, especially the use of consent forms, the use of different screening products, the rules governing pre-adverse and adverse action and the rules governing applicant disputes. You should be especially sensitive to creating an airtight policy regarding the use of information to make hiring decisions. For the unfamiliar, adjudication modules are matrices, grids or charts that dictate specific reactions to applicants convicted of crimes, as well as those with poor credit and other adverse information found on a background check. Some modules are as basic as directing a hiring manager not to hire any applicant with a felony conviction, while others attempt to identify the entire spectrum of crimes and stage specific scenarios i.e., whether the applicant has been convicted of multiple crimes or convicted within a certain timeframe to determine if the individual is eligible for employment. A word to the wise: in recent years, the Equal Employment Opportunity Commission (EEOC) has stepped up its scrutiny of hiring policies that can harm minorities or other job seekers in protected classes. The chief targets: companies that screen out job applicants based on blanket policies to screen out all applicants with arrest records, criminal records or bad credit reports even when the adverse information has no bearing on the persons ability to perform the given job responsibilities. In 2012, Pepsi Beverages (Pepsi), formerly known as Pepsi Bottling Group, greed to pay $3.13 million and provide job offers and training to resolve a charge of race discrimination filed in the Minneapolis Area Office of the U.S. Equal Employment Opportunity Commission (EEOC). Based on the investigation, the EEOC found reasonable cause to believe that the criminal background check policy formerly used by Pepsi discriminated against African Americans, violating the Civil Rights Act of 1964. The EEOCs investigation revealed that more than 300 African Americans were adversely affected when Pepsi applied a criminal background check policy that disproportionately excluded black applicants from permanent employment. Under Pepsis former policy,

job applicants who had been arrested pending prosecution were not hired for a permanent job even if they had never been convicted of any offense. Discrimination issues loom when companies single out applicants based on arrest records, credit reports and criminal history that have no bearing on their job performance. The use of arrest records for hiring decisions is particularly dangerous in light of recent EEOC guidance that strictly limits arrest records for hiring decisions. If you will be using an adjudication module, you should follow these recommendations: Instead of a blanket pass-or-fail approach, consider a pass-or-review system. Evaluate any applicants with adverse information on a case-by-case basis. Never employ an off the rack adjudication module. Every organization should develop its own module (with input from legal counsel). Dont ever cede the decision-making responsibilities to a third-party provider. Most companies that use credit reports weed out applicants with bad credit only if they seek positions dealing directly with money. But if the screening process weeds out more minority applicants than whites, the EEOC mandates that employers must show how that credit information is related to the job. If criminal histories are taken into account, the EEOC says employers must also consider the nature of the job, the seriousness of the offense, and how long ago it occurred. For example, it may make sense to disqualify a bank employee with a past conviction for embezzlement, but not necessarily for a DUI. Hiring managers should know what is important to their organization and ensure that both their background screening process and criteria are aligned with each position and the organizations overall goals. People should be evaluated by their resume, interviews, test results, and their assertion of skills, experience, aptitudes, character traits, and moral compass. Once youve decided an applicant is the prime candidate to fill the position, use a background check to ensure they withstand impartial scrutiny. If a criminal record or negative credit information surfaces, consider the following questions: Is the screening criteria properly aligned to the position? How is the adverse information job-related? How long ago did the offense occur? Did the arrest records result in a conviction? Is the person a repeat offender? When the complete individual is being evaluated, this will help minimize legal exposure

Chapter 5 Pricing With more than 800 background screening companies in America, you can be fairly certain that they all provide the same services. They may differ based on things like compliance knowledge, customization, data quality, customer service and turnaround time and there is definitely something to be said for getting the very best quality in all of these areas, but with all of these factors being equal, a screening companys price points are based on two overarching factors: The companys internal costs Your willingness to pay When it comes to background screening companies, bigger isnt always better. In fact, a bigger company will more than likely be encumbered by an internal bureaucracy that can adversely affect accessibility, product quality and customer service. Like all companies, background screening companies have internal costs. As a general rule, the larger the companies will have significantly more expenses and they cover these expenses by inflating their rates. A sales person from a larger screening company will likely tell you that their size reflects their capabilities and service quality, but if this is true, why have we seen the nations largest background screening companies getting fined by government agencies and beat up by the media for legal violations and unethical business practices? The truth is, larger companies tend to have less control over their people and processes, they tend to have less accountability when it comes to resolving problems and they tend to be less responsive with customer service issues especially when the matter requires immediate action. Yet, they have a massive workforce, multiple offices and huge marketing budgets. All of this requires them to charge significantly higher rates, when the exact same services can be obtained from mid-size screening companies often with better service quality, customized solutions and faster turnaround at prices that are much more affordable. About Surcharges There are very few legitimate surcharges that may be applied to a screening package. These include statutory fees charged by courts, motor vehicle departments and other public agencies, automated phone system fees for employment and education verifications, and collection surcharges on some drug screens that may be performed at odd hours, in case of a workplace or work-related accident.

However, the larger screening companies have mastered the art of deception when it comes to surcharges. Many larger screening companies actually provide their clients with a matrix of codes that detail all kinds of surcharges. Just view the image on the next page to get a sense of how one of the nations larger background screening companies will stop at nothing to nickel-and-dime their clients to the poor house. Keep in mind that they may offer their searches at reasonable rates but they make up the difference with bogus surcharges. The other way that larger companies gouge their clients is by locking them into a service contract. Any screening company that lacks the confidence to keep their clients satisfied with superior service and fair pricing will require their clients to sign a service contract. This way, they can lock in the client at unreasonable rates, hit them with surcharges, offer mediocre service and still keep the business. For those of us who believe that the basis of Americas free enterprise system is a marketplace where competition thrives, where buyers have choices and where superior performance is expected and rewarded, the service contract approach is really a shameful way to conduct business. The fact is, you can enjoy excellent service at affordable rates and save your company thousands to tens of thousands of dollars by shopping around for the best deal.

 Most people have been subjected to a pre-employment background check. So what kind of information is accessible to companies and how naked are you when you go to apply for a new job? While some people are not concerned about background investigations, others are uncomfortable with the idea of an investigator poking around in their personal history. In-depth background checks could unearth information that is irrelevant, taken out of context, or just plain wrong. Additionally, if the background screening vendor is unethical, the report might include information that is illegal to use for hiring purposes or which comes from questionable sources. Background check reports can range from a verification of an applicant's Social Security number to a detailed account of the potential employee's history and acquaintances. Some employers are now searching popular social networking sites such as and Facebook for the profiles of applicants. Information that may be revealed in a background check includes the following sources. Note that many of these sources are public records created by government agencies. Driving records Vehicle registration Credit records Criminal records Social Security no. Education records Court records Workers' compensation Bankruptcy Character references Property ownership Military records State licensing records Drug test records Past employers Arrest records Incarceration records Sex offender lists Information to be included in a background check will almost certainly depend to some extent on the employer and the job involved. For many jobs, a state or federal law

Chapter 6 - Vulnerability

requires the employer to conduct a background check. Jobs that involve work with children, the elderly or people with disabilities are examples of jobs that will almost certainly require a criminal background check. The law that governs the use of background checks for hiring decisions in called the Fair Credit Reporting Act (FCRA). To learn about what kinds of information can be accessed and what type of information is prohibited, you can read the FCRA by visiting this website: http://www.ftc.gov/os/statutes/031224fcra.pdf. Additionally, many states have enacted laws that specify what is allowed. You may need to consult an employment development or workforce commission office in your state for specific information.

Chapter 7 Detonation One of my old bosses was fond of saying, the quickest way to diffuse a bomb is to set it off. With respect to background checks, if you have something explosive in your past (or even something you feel may raise some eyebrows), the best way to diffuse the situation and eliminate concern would be to share the information up front, including the circumstances that led to the situation and how the situation was rectified. This approach will immediately establish credibility for you by demonstrating that you are honest and that you are not trying to conceal anything. It will also give you the chance to frame the issues in the most positive light so that the employer isnt left to wonder about the situation when they read your background check. Of course, if you engaged in any activity that might otherwise appear on a background check, but you were a minor when the situation occurred, the employer will not be able to discover this information with a background check. But what should you disclose to prospective employers?

Chapter 8 Validation How can you possibly know what information is included on a background check so that you can be fully prepared to have a candid discussion with prospective employers? Order your own background check, of course. What you read here could be some of the most valuable information ever presented to you in terms of competing for a good job. The background check that you order should be provided by an employment screening company because this is where the employer will obtain the information. There are many searches that an employer may order so you should anticipate that they will be ordering a robust screening package and you should do the same. Be willing to spend $80 to $120 for a comprehensive report. Contact an employment screening company and tell them you want to order the following package on yourself so you can see what information they can discover about you. You should order this package: Social Security Number Trace & Address History County Criminal Search All Counties Nationwide Criminal Database Search Federal Crimes Search 50-State Sex Offender Registry Search Patriot Act Search I-9 Verification Employment Verification Last Three Employers Education Verification Highest Diploma or Degree Earned Driving Record Bankruptcies, Liens & Judgments Search County Civil Records Search All Counties Though some states have limited the use credit reports, you should order your own three-bureau credit report. You can typically do this for free or for a small fee online. This comprehensive report will show you anything that may raise questions by an employer. If any information contained on the report is accurate, you will know ahead of time what issues will need to be addressed with the employer and how to frame the discussion. If any information on the report is inaccurate, you will be able to dispute the

information and likely get it corrected which would be a very smart move before you apply for your next job. There is an old saying that goes Amat victoria curam. The translation is victory loves careful preparation. In other words, be carefully prepared before your next job interview and you will greatly increase your chances for victory.

Chapter 9 Corrections One of the worst things that can happen to a person is for any part of their background check to contain false information, especially if they dont know about the bad information before submitting to a background check. Sometimes this happens to victims of identity theft. Other times, data is entered and stored incorrectly. Whatever the cause, some background checks are simply incorrect. A background screening company can usually help resolve these situations and get the information corrected, but in some cases, legal representation may be necessary. Regardless of the steps required to correct bad information on a report, knowing the information exists and taking steps to correct it can be the difference in your career. I hope you have learned something useful from the information presented here. If you have any questions, feel free to contact me at www.precisehire.com.