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As part of your hiring process, do you currently run ONLY a national criminal database search on your applicants?
If so, you’re making a mistake.
A criminal database search, while certainly very helpful, should only be used as a supplement to further research, which typically includes county criminal, federal, state, etc.
The most common misconception surrounding national database searches is that the results are from all 50 states and the territories, thus comprising every possible criminal record in the nation on that applicant.
This is simply not true.
All such databases are just compiled records from specific sources that allow their data to be accessed and aggregated.
In large part that is because many repositories haven’t made the transition to digital technologies and still use paper filing systems, or even microfiche.
For that reason alone, no aggregated national criminal database can draw from every source in the United States.
The best criminal background check to use starts with a Social Security Number Trace to establish a residency history and from there a county criminal history report is compiled from data acquired directly from the county, or counties, of record. 
All jurisdiction starts at the county level. This means it provides the most up to date and accurate information possible.
Our researchers are sent to county courthouses in every county in the United States to pull actual files and records relating to the applicant. It is the basis for building a solid criminal history.
From there, a national criminal database search is the perfect complement, providing a “snapshot” and helping to fill in the gaps on a national scale.
Results returned may even show the need to add a county criminal search based upon a returned record from a part of the country that did not show in their permanent residency history to begin with.
We certainly are not advocating against the use of a national criminal database, but rather we caution against relying on one as a standalone “silver bullet” solution.
At SELECTiON.COM®, we are continuously adding sources, which currently number more than 1800, to our national Search America® criminal database.
Additionally, we work with our clients to seek out a specific database that may help in their screening process and, where accessible, we will add that into their customized report.
SELECTiON.COM® has more than 25 pre-employment and background check reports on our à la carte menu, from which we can build a combined report that’s just right for your hiring needs!
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Many companies throughout the U.S. not only run background checks on their applicants, but they also perform a drug screening.
There are many different types of drug panels that companies can run on potential employees, with a 10-panel urinalysis being the most common. This type of drug panel searches the top five street drugs (cocaine, heroin, meth, weed, PCP) and the top five prescription drugs (benzodiazepines, Quaaludes, methadone, propoxyphene, barbiturates). Other drugs may be added to or subtracted from this panel as specific requirements warrant.
Drug tests may be conducted using any number of sources including hair, saliva or urine.
Since medical marijuana is such a hot topic, questions often arise from our clients whether a positive marijuana drug test can be overturned. Also, with guidelines and regulations varying by state some confusion exists as to how marijuana results are to be interpreted in the first place.
Marijuana is classified currently as a Schedule I drug on a federal level, therefore a prescription cannot be written for it.
Clients also ask how Medical Review Officers (MRO) handle a drug test that is positive for marijuana.
When reviewing drug tests for marijuana, Medical Review Officers, will not overturn a positive result. If the donor claims to have a Medical Marijuana Card, they can contact the MRO and ask them to put this message on their report, but the report will still show “Positive for Marijuana.”
Some company policies allow the use of recreational or medical marijuana. In this case, the MRO will ask the donor to refer back to their company to discuss their specific policies.
Even if a city or state allows usage under local law, the MRO will not overturn the findings.
If, and only if, the donor does state that they would like this claim documented on their results, it would read as such:
“At the donor’s request, we are advising you that the donor claimed to have a
Medical Marijuana Card or Recommendation during their interview. We do not
consider Medical Marijuana in determining final results and no verification of the
donor’s claim was made.”
Please note, this does not apply to any federally regulated testing.
Most companies put a drug testing policy in place, which states whether or not they will allow medical marijuana claims. It is up to your company on how to proceed.
SELECTiON.COM® will work with your company to help you navigate applicant drug testing and the results.
Source:
D.R.S Medical Review Service, Statement of Procedures Regarding Donor Claims of Allowed
Recreational and/or Medical Marijuana Usage, 2017
Blog
If you are utilizing the Government’s right to work program, E-Verify, you may be interested in the following.
Many organizations grow through acquisition. Expanding into a new territory or market can bring great opportunities for a growing company.
But, how do these acquisitions impact HR, particularly when it comes to participation in E-Verify?
As the HR representative for a company using E-Verify, you are aware that once you begin using the system you must run all new employees through the program within 3 days of their start.
The question then becomes, when you add employees through the acquisition of another company, how does the government expect me to handle this?
According to the E-Verify customer support team, here are your options:
- Make all acquired employees fill out new I-9 forms and submit them through the E-Verify program, as if they were newly hired.
- OR, accept the current I-9 forms, from the acquired company and NOT put the newly acquired employees through the E-Verify system.
If you choose the second option you must understand that you are accepting the existing I-9 forms as valid and you become responsible for any irregularities in those forms. So, if there is an audit of employment eligibility and there are any problems with those I-9 forms you will be held responsible.
If you are contemplating this scenario it is in your best interest to review the I-9 forms before determining the direction you will take. If you cannot perform this review your best option will likely be to have the acquired employees fill out a new I-9 forms.
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SELECTiON.COM® is now officially a government certified veteran-owned small business.
While SELECTiON.COM® has always been veteran-owned, they now have the stamp of approval from the US Department of Veterans Affairs. This certifies that SELECTiON.COM® was founded by former members of the United States Armed Forces. 
In order to qualify for certification a business must not only be owned by a veteran but a veteran must be in charge of day-to-day operations.
“Maintaining high standards and mission completion are traits that I learned serving as a First Sergeant. As a company SELECTiON.COM® has standards that are higher than anyone in our industry with a mission focus of putting the customer first in everything we do.” says John Hart, Chairman of SELECTION.COM®
SELECTiON.COM® also sponsors Team Fastrax, a professional skydiving team, committed to supporting the veteran community. The team has a roster of more than twenty-nine active members, with a collective of more than 300,000 skydives.
Team Fastrax is comprised of veterans from all branches of the Armed Forces. This year each of Team Fastrax’s 320 jumps will be dedicated to a different fallen hero.
SELECTiON.COM® is proud to support our nation’s military servicemen and women, veterans and their families.
https://www.va.gov/osdbu/
http://teamfastrax.com/
SELECTiON.COM® is a nationwide provider of criminal and pre-employment background screenings, also referred to as a Consumer Reporting Agency. Headquartered in Cincinnati, OH, SELECTiON.COM® is a veteran-owned company that has been in business since 1991 and offers more than 21 background and data collection services.
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In the background check business, just like protecting against the Summer sun, there’s no sunscreen with a high enough SPF to completely protect against the potential perils of hiring teenagers.
And with Summer hiring season beginning to heat up, more businesses are asking about the process, and even the validity, of conducting a background check or drug screening on a minor.
Unfortunately, the answers to such questions can be a bit complicated.
As is usually the case, it is always a good idea to start with the basics in an effort to develop a best practice for your company. At SELECTiON.COM® we ALWAYS recommend that you consult legal counsel before creating any policy. That is especially true when said policy relates to age, gender, race, etc.
By definition, as of 1995 most states classify a minor as someone under the age of 18. Although legally, as it relates to alcohol or gambling, people under the age of 21 may also be referred to as minors.
However, in terms of criminal responsibility, not all minors are considered juveniles and as you might imagine those laws vary widely by state.
Typically, someone considered a juvenile is usually tried in juvenile court. For some crimes, especially those of a more violent variety, the age at which a minor may be tried as an adult is relatively undefined when the accused is below the age of 18. For example, in Kentucky, the lowest age a juvenile may be tried as an adult, no matter how egregious the crime, is 14.
What does all of that mean to you when you’re just trying to hire a couple teenagers for Summer employment? 
Well to put it into perspective, an estimated 250,000 youth are tried, sentenced, or incarcerated as adults every year across the United States. That’s well less than 1% of the total population.
When you consider that most offenses committed by minors, tried and charged in juvenile court, are not going to be reported by a criminal court in the first place you realize that running a criminal background check on a teenage applicant is probably not going to return much. For example, the majority of criminal records for minors are sealed, making them unattainable. Unless, of course, they are in that .078% of the population tried and convicted as an adult.
It is important to remember that the Equal Employment Opportunity Commission (EEOC) mandates that the process for all applicants must be consistent and two applicants applying for the same job should have the same searches and investigations run on them. If you routinely hire staff above the age of 18 for a specific job (and title) with certain background checks being required, the EEOC requires the same process to be followed when the applicant is under the age of 18.
Always make sure you keep your process uniform to avoid charges of discrimination.
Questions also arise when asking an underage applicant to sign the background check consent form.
Third-party background checks for minors fall under the Fair Credit Reporting Act (FCRA), just as they would for any other applicant or employee, making it very important that all employers fully understand consent specifically as it relates to a minor.
Legally, minors lack the capacity to make a contract. Yes, a minor can legally enter into a contract, but they also legally have the right to either honor the deal or void it altogether. Unfortunately, the employer doesn’t have the same latitude.
The Society for Human Resource Management suggests that employers wishing to run pre-employment screenings on minors, and be protected during the process, should require parental or legal guardian consent. In cases when the minor is unable to provide parental consent, employers should consult with their attorney for a recommended practice.
Even when parental consent is obtained, however, not all records an employer usually requests will be available on minors. Criminal records, as mentioned above, and credit – given that most individuals under the age of 18 have limited access to establishing credit – are least likely to be obtainable. Past employment and educational records should be available. In most instances, personal references can also be obtained.
Therefore, when using pre-employment screening information in the hiring of minors, your company may need to adjust its policies and practices in terms of what information is available to use.
As always, SELECTiON.COM® strongly recommends that our clients seek legal counsel to draft a screening policy that best protects the employer when hiring any applicant, not just minors.
SOURCES:
Gaines, Larry K and Roger Leroy Miller. “Criminal Justice in Action” 4th ed., Thompson Wadsworth Publishing, 2007. Pg 495
Campaign for Youth Justice, Key Facts: Youth in the Justice System. Washington, D.C.: Campaign for Youth Justice, 2007. Web. May 2011. Citing Woolard, J. “Juveniles within Adult Correctional Settings: Legal Pathways and Developmental Considerations.” International Journal of Forensic Mental Health 4.1 (2005)
Equal Employment Opportunity Commission. http://www.eeoc.gov/.
The Society for Human Resource Management. http://www.shrm.org/.
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Spring has sprung, which means hiring season is ramping up.
Businesses across the country are preparing for summer and their busy season. They are stocking up on things like employees, merchandise and inventory.
While getting ready for business to ramp up, you should also consider how you are hiring your staff. Small businesses often hire family and friends thinking they are reliable and trustworthy. While they are in most cases, all it takes is one bad apple to leave a bad taste in your company’s mouth.
What if you hire a family friend just for the summer? He comes from a great family and is a good kid. What could go wrong, right? What if he had a DUI just weeks before you hired him. Would you still like him to drive company vehicles?
Listed below are some recommended background checks: 
– National Criminal Database Search
– County Criminal History Report
– Sex Offender Registry
– SSN Trace/ Validation
– Employment Credit Report
– Workers’ Compensation Report
Consider running a background check on new hires. As much as you might think you know about them, it’s still important. Running a criminal background check along with employment verifications will tell you the things you must know when hiring
. Criminal and financial records can be indicators for future behavior. If someone has a long history of workers’ compensation and have filed for bankruptcy, they are more likely to steal from the company or fake an injury.
Here at SELECTION.COM we can work with you to make your busy season run smoothly. Allow us to help you make your background check process go seamlessly.
