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.
1. How Far Back Should Background Checks Go? Select speakers or Phone on Webinar tab The Webinar will begin shortly. While you are waiting please answer the following question using Twitter: @SHSscreening Do you consider the age of the criminal record as a key factor in your adverse action decision? Use #crimrecord
11. Background Screening Industry Highly unregulated Low quality products Low quality service Provides what market wants instead of what market needs
12. Background Screening Assumptions Background checks provide all criminal records All names included National database is complete Fingerprint will tell us everything
18. FCRA Limitations Limits arrest/ non-conviction report to 7 years; unless Salary is $75K or above No limit on convictions
19. 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
20. 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
21. 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?
22. Additional Issues Impacting Reporting States destroying misdemeanor records after 10 years Expungement Sealed Juvenile Record Archived Varies by state & even county
23. 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
24. Volunteers No restrictions on volunteers Can report all arrests, non-convictions & convictions We create employment & volunteer packages so we know if record is reportable
25. 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
26. Questions? Send questions to Twitter: @SHSscreening or Email me: mike.mccarty@safehiringsolutions.com Sign up for blog: info.safehiringsolutions.com
Editor's Notes
Conversation about firm saying if someone arrested they would be able to automatically notify