FAQ employment screening, pre emplyment screening , preemployment screening, questions

A. Credit card billing is preferred, but we can set up billing for most businesses.
Your account will normally be billed VIA e-mail once a month at the first of each month.
If you have not been asked to post a deposit, payment is due upon receipt and payment is expected within 10 days of billing. You will be billed only for the searches you ordered during the previous month.

2. What is the "reference code" that appears at the beginning of each search?

The "reference code is to be used for your convenience to designate a department or location or anything else that will help you identify the search when you receive your monthly statement.

A. You don't have to log back into the system to get results. All reports are emailed back to you in a timely manner.

4. How fast are criminal and driving records received?

A. Multi-state and state wide criminal, SSN traces, and MVR driving records from more than 40 states are returned instantly. County criminal background checks are researched manually and normally take one to two business days to be returned.

A. As part of the hiring process your applicant signs a release form that we provide.
This release must be separate from the regular employment application and kept for a period of two years whether or not the applicant is hired. In order to be compliant with the Fair Credit Reporting Act (FCRA) this release must contain certain language indicating the applicant has received a "Summary Of Rights" in accordance with the FCRA. Except for employment credit reports we do not require you to send a signed release for each search. However, both of us are subject to audit by the Federal Trade Commission and these releases must be available when we ask you for them.

6. How far back does your criminal record searches go? Can I use records beyond 7 years to make hiring decisions?

A. All criminal record searches will go back at least 7 years or more on request. Our criminal records checks will provide criminal record information going as far back as the courthouse allows. Each courthouse varies on how long they maintain criminal records on file.

The Federal FCRA guidelines allow you to make hiring decisions based on criminal conviction information going beyond 7 years. However, State FCRA laws in CA, KS, MD, MA, MT, NH, NM, and NV restrict employers to only using the last 7 years of criminal record information for making hiring decisions.

The following States allow a look-back further than 7 years if the subject earns or is expected to earn above a particular threshold amount:

CO: $75K income exception
NY: $25K income exception
TX: $75K income exception
WA: $20K Income exception

A: We must have an agreement on file concerning your use of the information we provide.
Since we have no control of this information once it is in your hands our agreement includes a hold harmless provision. Otherwise, there is no usage contract and you may close your account at any time without a penalty.

A. A growing body of case law referred to as: "Negligent Hiring" Practices holds companies responsible for the misdeeds of employees working on their premises or working elsewhere on the company's behalf who, based upon their prior history, could have reasonably been expected to act irresponsibly or illegally.

Under this theory of law, anyone injured by an employee's misdeeds such as another employee, customer, or a member of the public, would be in a position to collect damages from the company as a result of its negligent hiring practices. A good background check may well be the company's only real defense in such a lawsuit.

9. What type of criminal search is most accurate?

It is estimated that 30% or more of county criminal records are never reported to the state criminal record repositories. Therefore, the most logical and accurate search is the county criminal search which is a direct manual search at the county courthouses. Most state databases are limited in information while some counties may not report to the state repository in a timely fashion or not at all. This search is almost always coupled with a multi-state or state wide criminal background check which may provide information that would not be found if the record existed in a county that was not known to the employer.

10. We have several locations. Can you invoice bill each location separately?

Sure. Our ordering and billing system can be configured any way you like that is the most convenient for you. We can set up each location with separate billing and separate accounts and separate user names and passwords for logging into our website and ordering reports. We can also have the invoice for all locations sent to each location or to a single location.

11. Does National Employment Screening provide international searches?

Yes. We can provide overseas employment and education verifications and criminal records. We use a network of international background providers to assist us in obtaining the background information needed.

12. Where can I see a list of criminal records definitions and criminal record codes?

For a list of criminal record definitions and criminal record codes often found on background checks: Click Here

For a list of criminal record abbreviations often found on background checks: Click Here

13. Are we required to send a preliminary and final notice of adverse action if we do not hire or promote someone based on on information contained in a criminal or credit report?

The FACT ACT is the Fair and Accurate Credit Transaction Act. For more information on the FACT ACT:
Click Here

17. Where can I find a list of the codes used by various state on their drivers license number?

17. Where can I find a list of the endorsements, restrictions and classes used by various state on their drivers licenses?

For information the endorsements, restrictions and classes used on state drivers licenses: Click Here

19. Q. What is the difference between "Sexual Predators" and "Sex Offenders"?

A. In Florida, Sexual predators have been convicted of the most serious crimes, like kidnapping and rape, or have been convicted twice in 10 years of committing or attempting to commit dangerous sex crimes.

Sexual offenders have been convicted of crimes considered less heinous.

Schools and daycare facilities within a 1-mile radius must be notified within 48 hours of a sexual predator relocating to the area.

20. Q. What are the new Florida requirements effective Feb. 01 2008 regarding the drivers licenses of sexual offenders and sexual predators?

A. The new law requires that sexual predators have “775.21, F.S.” printed on the bottom-right corner of their driver license or state identification card.

The number 775.21, F.S. is the Florida law known as the Florida Sexual Predators Act.

Sexual offenders are required to have “943.0435, F.S.” printed on the bottom-right corner of their driver license or identification card, for the corresponding Florida statute dealing with sex offenders

The 43,000 sexual offenders and predators in Florida have until Feb. 1, 2008, to obtain a marked license or identification card, the Florida Department of Law Enforcement reported. Failure to comply with the law is a third-degree felony. Sex offenders and predators will be required to pay $10 for a new license

21. Q. Will driving or traffic violations show up on a criminal background check?

A. Often they will. Some time ago, only serious driving charges such as fleeing and eluding or felony DUI would show up. More and more counties are reporting all court activity and Traffic violations are sometimes considered criminal offenses even when only a citation is issued. These records are generally filed in municipal (city) offices and are often included in a criminal background check. Be very careful using these charges when denying employment.

22. Q. If someone has been in a federal prison, does it show up on your reports?

A. You must request a U.S. Federal District Court Criminal Background Check. Persons sentenced to a federal prison have been convicted of a violation of the United State Criminal Code - a crime against the Federal government. A County Criminal Record Search or Statewide Criminal History Search will not reveal information about someone convicted in a Federal District Court. It should be noted that few criminals go directly into the Federal system as most have a state level criminal history of some kind before they are charged with a Federal crime.

However, some cyber related law violations such as using a computer to induce a minor for some illegal purpose or cyber fraud is sometimes only found in the Federal court system.

22. Q. How do I order searches for candidates with hyphenated last names?

A. Some applicants have a hyphenated last name, Abdul Smith-Mohammed for example. To completely search for possible criminal records, two names need to be searched. Abdul Smith and Abdul Mohammed.

Remember, a thorough criminal background search requires searching under all known names.

Criminal records searches must have an exact name match in most jurisdictions to return records. This is vital - without this exact match a record will not be returned. If Abdul Smith-Mohammed was arrested and charged as Abdul Mohammed, and you search for records matching Abdul Smith-Mohammed, you will usually not find this out.
You are advised to do criminal searches on all known aliases. Use the SSN trace results as a guide; they will show the names that have been used associated with the candidate's SSN. If you find a name you were not initially aware of, you can order additional searches.

23. Q. When requesting a background check should we use a suffix to the last name such as Jr. or Sr. ?

A. No. Please don't use any suffixes when requesting background checks.

For more information on the proper way to order searches:

24. Q. Can our insurance carrier provide us with Motor Vehicle Records (MVR'S) on job applicants?

A. Most Insurance Companies can no longer provide clients with Motor Vehicle Reports (MVR’s).

This is because Insurance Carriers have been determined not to be "Consumer Reporting Agencies" as defined in the Fair Credit Reporting Act.

In the future, as part of their normal insurance underwriting procedures, insurance companies may request driver license information and obtain MVR’s only for their insurance underwriting considerations, and will only advise you if the respective driver does or does not meet their current underwriting standards.

It is important to run your own driving records however, because your applicant may simply need to pay a ticket to have his license reinstated but your insurance carrier can only describe the applicant as "Not Eligible" based on a suspended license. Besides, a person's driving record is often a very good indication of that person's level of responsibility and risk taking characteristics.

25. Q. Is there one Database that contains all criminal records?

A. No national data-base of felony convictions is sold to any private firms. Most criminal records are contained in the 3000 plus county courthouse record repositories. In many states, the counties report their criminal records to their state law enforcement agency. Others such as California, the counties sell data to private firms. Some counties won't sell the data at all.No. for an explanation of the various criminal records Databases: Click here and Click here for information on the results from a Multi-State criminal background check.

26. Q. Can an employer use arrest Records in employment decisions?

A. For the EEOC and Civil rights law on this subject:

27. For tips on asking applicants about arrest records: Click Here

28. Q. Why is it important to run a county criminal background check if we already order a state or national criminal records check?

A. For more information on the benefits of running a county criminal background check: Click Here
29. How are different crimes classified?

A. There are three distinct categories of crimes:

A. Felonies

B. Misdemeanors

C. Infractions

In turn, these categories have differing levels of severity and are subdivided.

In general, a felony is a crime that is punishable by a sentence of more than 365 days of incarceration all the way up to death.

(Sentences of longer than 365 days are usually served in state prisons while sentences of less than 365 days are usually served in a county jail.)

Felonies include crimes such as murder, theft, burglary, serious drug possession and or distribution, rape, robbery assaults and kidnapping.

A misdemeanor is generally punishable by less than 365 days in jail, and is almost always served in a county jail.

Misdemeanors charges includes minor theft, minor assault, some forms of drug possession, harassment and serious motor vehicle / driving violations.

An infraction is usually a “ticket” type of offense where resolution is either paying the fine or appearing in a lower court. Infractions are not reportable offenses for employment purposes unless the case is escalated into a misdemeanor.

30. How about drug screening frequently asked questions?

A. Click Here for drug screening FAQ

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None of the information in this web site should be construed as legal advice. All forms policies, terms, information and procedures should be reviewed by your legal counsel before being used in any way.