how far back should background checks go?
DESCRIPTION
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.TRANSCRIPT
How Far Back Should Background Checks Go?
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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 EEOCState Law RestrictionsChange in DispositionCourt 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: [email protected]
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