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FAQ’s Client’s
General Questions
A background check is a process used by employers to verify an individual’s identity, criminal record, employment history, education, and other relevant details to ensure they are suitable for a particular position.
Conducting background checks helps ensure the safety and security of your workplace, verifies the accuracy of a candidate’s resume, complies with legal requirements, and reduces the risk of hiring someone who may pose a threat to your organization.
Types of Background Checks
Common types of background checks include criminal background checks, employment verification, education verification, credit checks, driving records, and drug testing.
A criminal background check typically includes a search of local, state, and federal criminal records to identify any past criminal activities, including felonies, misdemeanors, and arrests.
Legal and Privacy Concerns
Yes, it is legal to conduct background checks, but you must comply with federal and state laws, such as the Fair Credit Reporting Act (FCRA), which regulates how background checks are performed and used.
Yes, under the FCRA, you must obtain written consent from the individual before conducting a background check. AuthBrdige will not conduct a background check on a potential candidate without permissible authorization.
Impact on Employment – Adverse Actions
Yes, a criminal record can affect a candidate’s chances of getting hired, depending on the nature of the crime, its relevance to the job, and your company’s policies. Some employers may overlook minor offenses or those that occurred long ago.
While you can consider a candidate’s credit report, you must follow the FCRA guidelines. You cannot deny a job solely based on the credit report without first providing the candidate with a copy of the report and an opportunity to explain any negative items.
Consult with your legal advisors regarding your specific situation. Some states have laws that restrict employers from making negative employment decisions based solely on a criminal history. Additionally, the Equal Employment Opportunity Commission (EEOC) issued guidance in 2012 under the Equal Employment Opportunity Act, advising against automatically disqualifying individuals based solely on their criminal history, as this may violate the Act. Although this guidance is not legally binding, the EEOC recommends employers consider specific factors when determining if a criminal record justifies job exclusion.
Process and Accuracy
The time frame for a background check can vary but typically takes between a few hours to a day. Checks involving multiple jurisdictions or extensive employment histories may take longer. Completion of a background report may also vary depending on type of checks being performed.
If there is an error in a background check, the candidate has the right to dispute it with the company that conducted the check. Under the FCRA, they must investigate and correct any inaccuracies.
Specific Situations
Some employers review public social media profiles as part of the background check process. However, you must comply with privacy laws and avoid discrimination based on protected characteristics.
A background check typically does not include salary history unless you specifically request employment verification, which might include past earnings. However, some states and cities have laws prohibiting employers from asking about salary history.
Rights and Protections
Candidates have several rights, including the right to consent to the background check, the right to be informed if information in the report is used against them, the right to dispute inaccurate information, and the right to receive a copy of their background check report.
Yes, candidates are entitled to a copy of their background check report. If the report is used to make an adverse employment decision, you must provide the candidate with a copy and a summary of their rights under the FCRA.
Of course! Our platforms are secured by SSL (need to clarify with kredifi on this) all information on our platforms are encrypted.[NR1]
Legal in-depth
When conducting background checks in the U.S., you need to comply with various laws and standards to ensure the
process is legal and fair. Key regulations include:
- Fair Credit Reporting Act (FCRA): This federal law governs how background checks are
conducted by third-party agencies. It requires you to:
- Obtain the candidate’s written consent before conducting the check.
- Provide the candidate with a notice of their rights under the FCRA.
- Give a Pre-Adverse Action notice, including a copy of the report and a summary of rights, if you are considering an adverse employment decision based on the report.
- Send an Adverse Action notice if you decide to take the adverse action.
- State Laws: Many states have additional requirements and restrictions, such as “ban the box” laws that prohibit asking about criminal history on initial job applications. Some states also restrict how far back you can look into someone’s criminal history or limit the types of convictions you can consider.
- Equal Employment Opportunity Commission (EEOC) Guidance: The EEOC advises against blanket
exclusions based on criminal records. Instead, they recommend evaluating:
- The nature and gravity of the offense.
- The time that has passed since the offense or completion of the sentence.
- The nature of the job held or sought.
As stipulated by the FCRA, AuthBridge INC, a Consumer Reporting Agency, can only provide reports to individuals who intend to use the information for FCRA-approved purposes, such as employment or tenant screening. Therefore, we need to verify that you have a legitimate business need to request background reports.
To take Adverse Action based on a consumer report, you must follow specific steps to comply with the Fair Credit Reporting Act (FCRA):
- Pre-Adverse Action Notice
- Waiting Period
- Adverse Action Notice
To know more please contact your legal representative or if you would like AuthBridge to assist you please feel free to contact us.
Employers should kindly note that both the FCRA and state laws set limitations on the information that background screening companies can report. In compliance with employment laws, consumer reporting agencies such as AuthBridge INC are unable to include certain items in a consumer report.
Under the FCRA, consumers (referred to as “candidates”) have the right to dispute their background check directly with the Consumer Reporting Agency (CRA). Both the consumer reporting company and the information provider share the responsibility for correcting any inaccuracies or omissions in the report. As an employer, it is essential to allow the dispute resolution process to proceed before taking any adverse action, if necessary.
Product and Types
Criminal
Proprietary databases collect criminal history information nationwide from various sources, forming what is known as a national criminal database. Unlike publicly maintained databases, these are not accessible to the general public. Some background screening companies have private or proprietary criminal history databases, while others subscribe to third-party aggregators. County searches are highly focused, examining records in a specific courthouse where the individual may have lived or worked. This type of search provides comprehensive depth within a specific jurisdiction. In contrast, national criminal databases offer broader coverage but less detailed information per jurisdiction. Additionally, federal criminal searches focus on crimes prosecuted at the federal level and are typically separate from county or statewide checks.
AuthBridge INC suggests incorporating a National Criminal Database check into every background check for prospective candidates. This inclusion is valuable as it can potentially yield results or leads on the candidate’s background from multiple counties or states across the US. Additionally, the National Criminal Database check encompasses the Sex Offender Registry from 48 states and Washington DC, enhancing the comprehensiveness of the screening process.
To conduct a comprehensive criminal background check in the US, four pieces of information are necessary from the candidate:
- Accurately spelled first, middle, and last name (Alias if any)
- Address details
- Date of birth (DOB)
- Social Security Number (SSN)
An SSN Trace is instrumental in identifying significant locations to explore for a candidate’s potential criminal history. A comprehensive SSN Trace not only uncovers the candidate’s address history but also reveals any alternative names used, such as aliases, maiden names, and nicknames. It significantly enhances the discovery of criminal records, surpassing the results obtained from database searches or applicant provided addresses alone.
Fingerprinting
AuthBridge INC is unable to conduct pre-employment fingerprint checks for financial institutions that fall outside the category of banks or credit unions. However, if a financial institution is regulated by the SEC rather than the FDIC, they must directly submit fingerprints to a Self-Regulatory Office (SRO) for pre-employment fingerprint-based background checks.
Verification
AuthBridge conducts thorough checks on employment and education using various methods, including email, verbal communication, mail, and third-party sources such as WorkNumber or relevant databases. We typically collaborate with third-party vendors to verify previous employees, enhancing our verification capabilities. Our skilled team contacts former employers to confirm details provided by candidates, such as job titles, descriptions, and dates of employment. We also conduct comprehensive checks on education history, professional licenses, and certifications. Additionally, we can create timelines highlighting any significant gaps in the candidate’s claimed education and employment history, tailored to your organization’s needs.
Drug Testing
Among various specimen types, urine testing stands out as the most prevalent, versatile, and adaptable option. Its flexibility allows for numerous combinations of illicit drugs to be tested, providing a suitable panel for nearly any testing purpose.
Conducting a drug test involves a forensic examination to detect the presence of specific drugs in a specimen, identifying the use of illegal substances and/or the misuse of prescription medications. Drug tests can serve various purposes, such as:
– Pre-employment screening
– Reasonable suspicion
– Post-accident investigations
– Federal and non-federal random testing programs
– Follow-up testing
While rapid testing can provide results within minutes, lab-based drug screening generally takes 24 to 48 hours from the time of collection to when the results are received.
Alcohol abuse in the workplace can lead to a range of issues, including increased tardiness, absenteeism, sickness, workplace injuries, reduced productivity, and lower employee morale. Testing for alcohol is an effective strategy for identifying and addressing alcohol abuse, helping to mitigate these negative impacts and promote a safer, more productive work environment.
AuthBridge INC provides a wide range of customizable panel configurations and cut-off levels, allowing for tailored drug testing solutions to meet your specific needs.
A Medical Review Officer (MRO) is a licensed physician responsible for receiving and reviewing laboratory results from an employer’s drug testing program. The MRO ensures that there is a legitimate medical explanation for laboratory-confirmed positive, adulterated, substituted, and invalid drug test results through a donor interview.
Under current Department of Transportation regulations (Title 49 CFR Part 40), a medical review is mandatory and must be performed by a certified MRO. Typically, the MRO review is completed within two to three business days after receiving the initial test results, though this can take longer depending on donor availability and other factors.
Adjudication Services
AuthBridge employs a sophisticated, tiered approach to adjudication in our background checks. We customize the adjudication matrix to comply with Federal, State, and local laws for criminal records, grading each case based on specific charge levels after thorough categorization. This streamlined process alleviates the burden on your HR team, reducing the risk of erroneous decisions and significantly cutting down the time needed for hiring decisions.
Speak to our team to know more….
- Adjudication Essentials: Provides a straightforward pass or fail outcome.
- Adjudication Plus: Offers a detailed assessment with tiered adjudication levels (e.g., clear, review, fail), along with some customization of criteria.
- Adjudication Pro: Delivers a comprehensive review with fully customized adjudication criteria, detailed reporting, and ensures compliance with specific industry regulations.
FAQ’s Candidate
Before a company can initiate a background check on you, you must sign a written disclosure indicating that the check will be conducted for employment purposes. According to the Fair Credit Reporting Act (FCRA), organizations are required to obtain your consent before starting a background check. While each company has its own specific criteria for background screening, you will generally need to provide your full legal name, any aliases, current address, date of birth, and social security number. Additionally, you may be asked for your driver’s license number, educational background (including the institutions you attended, dates of attendance, and degrees earned), and past employment history (including the names of former employers, dates of employment, and positions held). Other information that might be requested includes passport information or ID cards for any international history.
You can refuse, but it may affect your chances of being hired. Most employers require background checks as part of their hiring process, and refusal may be seen as a lack of transparency.
The specific information checked can vary but often includes:
- Employment history
- Educational qualifications
- Criminal records
- Credit history (for positions involving financial responsibility)
- Professional licenses
- References
- Drug Testing
The CRA must maintain the confidentiality and security of your information. Employers are required to comply with data protection regulations, and your data should only be used for the intended purpose.
The duration can vary, but typically it takes between a few days to a couple of weeks, depending on the depth of the check and the responsiveness of the sources being verified.
Your Rights Under FCRA
The FCRA is a federal law that regulates how background checks are conducted and how consumer information is used. It ensures that employers obtain your consent and provide certain disclosures. To know more about FCRA please visit our compliances Tab.
Under the Fair Credit Reporting Act (FCRA), if a background check has been conducted on you, you would have already received a written disclosure informing you of this and provided your written consent. If the report influences a decision that negatively affects you—such as not getting a job, being terminated, or not being allowed to volunteer—the company must follow the “adverse action” process.
This process requires the company to inform you that the negative decision is based on the background check report. They do this by sending you a pre-adverse notice, which includes a copy of your background report and a document titled “A Summary of Your Rights under the Fair Credit Reporting Act.” Upon receiving this notice, you should review your report and contact the company that prepared it (their information is included in the pre-adverse notice) if any part of the report is inaccurate or incomplete.
Once you dispute any inaccuracies, the background check company must reinvestigate at no cost and complete the process within 30 days, although they typically strive to resolve it as quickly as possible to facilitate the employer’s final decision. After the reinvestigation, the background check company will update you and the employer on the outcome. If changes are made, they will provide amended reports; otherwise, they will confirm the original findings. The prospective employer will then make their hiring decision based on the updated report.
- Professional Background Screening Association –
PBSA is a non-profit trade organization established to promote a high level of ethics and performance standards for the screening industry. The PBSA’s mission is “to advance excellence in the screening profession. - Federal Trade Commission (FTC)
- Consumer Financial Protection Bureau (CFPB)
- Fair Credit Reporting Act (FCRA)
- A Summary of Your Rights under the FCRA
- Equal Employment Opportunity Commission (EEOC)
- TransUnion Credit Report FAQ
General
Having a criminal record does not automatically disqualify you from employment. Employers should take into account the nature and relevance of the offense, the time that has passed since it occurred, and any rehabilitation efforts you have made. The Equal Employment Opportunity Commission (EEOC) has provided guidance for employers when evaluating an applicant’s criminal history, advising them to consider:
- The nature and gravity of the offense or conduct
- The time that has passed since the offense, conduct, and/or completion of the sentence
- The nature of the job held or sought
Authbridge INC is a Consumer Reporting Agency (CRA) and does not make any hiring decisions. It is solely the responsibility of Authbridge’s clients to determine employment eligibility based on their own standards and policies.
Records that have been sealed or expunged in the Court’s systems and state repositories will not appear in the background check.
Dismissed records are categorized as non-convictions. According to the federal Fair Credit Reporting Act (FCRA), screening firms can report non-convictions for up to 7 years. However, certain states have stricter regulations that may prohibit the reporting of non-conviction records. Although including dismissed records in a report is legally permissible and accurately reflects the court record, most employers typically do not consider them in their hiring decisions since they are non-convictions.
It depends on the job. For positions that involve financial responsibilities, employers may consider your credit history. However, not all employers use credit checks, and poor credit does not necessarily disqualify you from all positions.
You may receive notices regarding public records as part of your background check process. It’s primarily for your awareness, and no immediate action is required from you. You might receive multiple notices if multiple background reports were initiated by the authorized company. Public records typically include details such as professional license verifications, driving records, and court records of criminal or civil cases, among others.
To request a copy of your report, you can utilize our online form, send an email, or contact us by phone. For further details on accessing your report, please click here.
To dispute any inaccuracies in your background check report, you can utilize our online form, send an email, or reach out to us by phone. For more guidance on disputing your report, please click here.
Rest assured, we prioritize the security of your candidate’s personal data. Our platforms employ SSL with TLS 1.2 encryption, ensuring that information you provide remains the same
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