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Critical Background Screening
Resources For HR Professionals
In Florida
Presented by:
Robert Capwell – CKO
Employment Background Investigations, Inc. (EBI)
Today’s Presenter
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Robert CapwellChief Knowledge Officer
Employment Background Investigations, Inc. (EBI)www.ebiinc.com
Past Chair - NAPBS
(National Association Of Professional Background Screeners)
* Presenter is not a licensed attorney - Nothing in this presentation should be deemed as legal advice. Readers should consult with their own legal counsel to determine their individual legal responsibilities.
Agenda
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Today’s Presenters
Searching Criminal Records In Florida And Beyond
Searching For Sex Offenders
Employment And Reference Checking
FCRA Compliance
The Use Of Social Media For Screening
Using E-Verify As A Florida Employer
Education Fraud And The Impact Of Diploma Mills
Best Practice Take-A-Ways
Getting The Right Information Up Front
Q And A
Developing Policy And Use Of Criminal Information
Steps For FCRA Compliance
Step Action Taken
Certification by Employer
Employer signs a “Certification Form” that includes: “permissible purpose” , required consent, and will comply with FCRA and state equal opportunity laws and regulations related to the use of consumer reports
Disclosure and Authorization
Disclosure that a background check will be conducted (include nature and scope); include the name, address and contact info for the consumer reporting agency, obtain consent and date
Summary of Consumer Rights Under the FCRA
Provide the applicant/employee with this Federal Trade Commission prepared document
Investigative Consumer Report Disclosure
Further explanation of nature and scope if requested within five (5) days of applicant request
Pre & Adverse Action Follow all notification requirements
The Fair Credit Reporting Act (FCRA)
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Best Practices Discussion: Capturing Applicant Information
Information Obtained Paper Based Electronic Based
Complete Name, Alias, DOB, SSN, Passport #
Use additional pages to fill-in the blanks
The ability to upload additional information
Driver’s license Obtain a copy if possible
Copying and scanning
Address history Is it complete? The use of dates and forced fields
Criminal history disclosure (convictions and arrest records only) - (City of Jacksonville inquiry exempt to post-offer
Obtain complete conviction information
Be sure to forward –additional details –
Provide disclaimer that criminal conviction disclosure will not affect consideration for employment
Getting The Right Information
Up-Front
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Obtaining Criminal Records Information
In Florida’s Sixty-Seven Counties
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Cases Heard By Court Level
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General Information On Cases Heard By Each Court –Supreme Court not included
Case Type District Court of Appeals 5
Circuit Courts20 – Jury
Trials
County Courts67
322 Judges
Civil a a Small claims up to $5,000
Felony a a Preliminary hearing
Misdemeanors aDWI aOrdinance Matters aTraffic , no parking aJuvenile a a
Obtaining Exact Address Information Is
Critical
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Multiple Counties Within A City
City Counties
Fanning Springs Gilchrist, Levy
Longboat Key Manatee, Sarasota
Using Criminal Justice Information Services (CJIS)
Includes arrests (no juveniles) and convictions of felonies and serious misdemeanors
Access online or by mail - $24.00 – One match is included
Level 1 check - Search by name and SSN or DOB
Level 2 check – State and national fingerprint check
Multiple name matches could require additional info or fingerprint submission
Subject information returned may include name, last 4 of SSN, DOB, address or physical description
Arrest information only – Do you have final case disposition?
Search county for final disposition
Broward County moves records to microfiche after 3 years
VECHS Program (1999) – Work or volunteer with children, elderly, disabled – Includes state and FBI check
Florida FDLE Court Access
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Why Is Criminal Information Missing From CJIS?
Subject was never arrested or fingerprinted in Florida
Subject’s record is sealed or expunged
Subject’s fingerprint card never received, had errors, not yet entered
Arresting agency failed to submit information
Fingerprints sent to FBI and not the FDLE
If juvenile arrested before 10/1/94 nothing availableIf arrested after 10/1/94 only felonies availableIf arrested after 1/1/95 felonies and misdemeanors available
Updates to the CJIS system can lag approximately 90 days
Turnaround time for fingerprint verifications could take 15-30 days
Does not include information regarding subjects heard within Indian Tribunal Courts
Criminal Justice Information
Services
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Looking Beyond Florida For Proper Due Diligence
County/statewidesearches
Search county or state of residence for all names and addresses for proper coverage
Border States: Alabama, Georgia
Fill in the gaps with available electronic jurisdictional records
Includes any electronic records from county and other courts, AOC, DOC, sex offender registries, government agency lists, international sanction lists
Verification of electronic information
Always verify accuracy for proper compliance
International searches Consider searching based on time overseas
Going Beyond Florida
Jurisdictions
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Florida Sexual Offenders and Predators
Sex Offender Sexual Predator
A person that commits a sex crime as defined by Florida state law:Sexual assault;Sexual battery;Voyeurism;Solicitation;Prostitution;Public lewdness
A person that commits the following sex crimes or actions:Repeat sexual offenders;Sex offender that uses physical violence;Sex offenders that prey on children;Sex offenders that pose a higher safety risk;Violation of probation or community control
Required to verify their home address on a periodic basis based on their offense
Required to verify their home address frequently and banned from certain community areas
Must register for a period of time based on expiration of sentence
Must register for a longer period of time or for life
Currently there are approx. 56,919 plus offenders registered in FloridaInformation on non-compliance is not available – Typically 8% to 10% in other states – Child Protection and Safety Act – Adam Walsh Act
Searching Sex Offender Records
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Do You Have The Whole Story?
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Record Vs. Registry
A sex offender search is limited to violations that require a person to register with a central repository
A criminal search is looking at all criminal records regardless of nature or gravity
How can you use one without the other?
What about offenders coming from other states?
Sex Offender Resources in Florida
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Additional Resources
FL Sex Offenders and Predators
http://offender.fdle.state.fl.us/offender/homepage.do
Dru Sjordin National Sex Offender Public Website
http://www.nsopw.gov/
Florida Criminal Records Guidelines
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Florida State Guidelines
Can employers ask job applicants about arrests not leading to conviction? Yes
Can employers consider arrests not leading to conviction? Yes
Consumers do not have to acknowledge expunged or sealed records
Most public employers can deny employment based on a felony or first degree misdemeanor that is directly related to the job. Fla. Stat. Ann. § 112.011
No Florida statute prohibits private employers from reviewing the arrest or conviction records of job applicants or employees
City Council ordinance in Jacksonville restricts a city applicant from being asked of prior criminal history on a pre-offer basis
Title VII Concerns Of Discrimination
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Title VII of the Civil Rights Act of 1964
Intentional discrimination is actionable
Concerns of neutral employment policies that have racially disparate impact upon minorities
Racial minorities are more likely to have criminal records than whites
EEOC Notice N-915 Convictions – Employer Considerations
Nature and gravity of the offense or offenses
Time passed since conviction/release
Nature of job held/sought – Job relatedness
EEOC Resources
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EEOC Resources
EEOC Resources For Handling Conviction Information
http://www.eeoc.gov/policy/docs/convict1.html
EEOC Resources For Handling Arrest Information
http://www.eeoc.gov/policy/docs/arrest_records.html
EEOC Resources To Avoid Discrimination
http://www.eeoc.gov/policy/docs/race-color.html#VIB2conviction
Drafting A Policy
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Procedures and Drafting Policy
Follow FCRA process – detail steps in policy
Follow state guidelines from application to separation
Identify “bright line” disqualifiers by individual position
Establish “substantial job relatedness” criteria
Establish a matrix – type of crime, age of crime, extent and type of review based on position
Involve higher-level management and counsel when necessary
Update policy and document process as it changes
Best Practices Discussion: Employment Verification
Considerations In-House Challenges
Design scope by position and relevance
Consider time resources – third party verifications
Third party access to on-line verification resources
Supervisor and reference interviews
Paper based – email and after hour verifications
Follow-up process
International verifications
Credible sources and turn-around time
Use of bilingual staff and resources on the ground
Employment fraud Detection methods Tracking fraudulent employers
Employment And
Reference Verifications
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Be Aware Of Resume Fraud –
www.fakeresume.com
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Be Aware Of Employment Fraud
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Spotting Fake Employment History
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Things To Consider
If it doesn’t make sense, question it
Was a complete address supplied and verified?
Using Reverse Look Up to verify number and location
Can you identify the company anywhere else on the web?
If you are doing a phone verification, ask for other departments or listed supervisors for verification
Check with the Secretary of State
Best Practices Discussion: Education Verification
Considerations In-House Challenges
Design scope by position and relevance
Consider time resources – third-party sources
Database access and third-party integration
Is accreditation important?
How do you identify time-line of accreditation?
Resources and track accrediting bodies
International verifications
Credible sources and turn-around time
Use of bilingual staff and resources on the ground
Concerns of diploma mills
3,000 plus in existence – how do you track?
The use of databasesand gathering resources
Education Verifications
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Diploma Mill Statistics
According to Verifile, UK, there are over 810 known diploma mills in the United States
Top ten states that have unaccredited institutions and unrecognized agencies
Concerns Of Diploma Mills
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High School and College Diploma Mills
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High School Diploma Mills in Florida
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Martin Technical College
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Martin College Inc.
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Graduates of Almeda University
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Spotting Diploma Mills
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Things To Consider
If it doesn’t make sense, question it
Was a complete address supplied and verified?
Using Reverse Look Up to verify number and location
Is the institution provided listed on a government resource site?
Education Verifications (continued)
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Additional Resources
Council For Higher Education Accreditation
http://www.chea.org/
The US Department of Education
http://ope.ed.gov/accreditation/
United Nations Education, Scientific and Cultural Organization
http://www.unesco.org/new/en/unesco/
American Association of Collegiate Registrars and Admissions Officers (AACRAO)
http://www.aacrao.org
Oregon Student Assistance Commission
http://www.osac.state.or.us/oda/unaccredited.aspx
Using Social Media For Screening
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Using Social Media For Screening
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Things To Consider
Did you disclose to the applicant/employee?
Are you invading the privacy of the applicant/employee?
Are you gaining access under false pretences?
Are you discriminating against the applicant/employee?
Would what you see affect the candidate’s/employee’s ability to perform their job?
How can you verify the information you find?
facebook For Screening
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myspace For Screening
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For Federal Contractors For Florida Employers
Effective September 8, 2009 No current mandate to use E-Verify
(FAR) E-Verify requirement clause should be included in the contract
Federal contracts that are valued at $100,000 or greater; or contract that is 120-days or greater; COTS items are exempt
Services performed within the U.S. or U.S. territory
Employees that work on the contract need to be E-Verified (there are exemptions)
Must sign-up within 30-days of contract award
Existing employees within 90-days; 3-days of hire for new employees
E-Verify Use By Employers
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E-Verify Resources
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Additional Resources
Social Security Administration
http://www.ssa.gov/
Department of Homeland Security
http://www.dhs.gov/
Just One Solution
Robert Capwell
www.ebiinc.com
(800) 324-7700 ext. 181
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Questions and Answers
Best Practice Take-A-Ways
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The Fair Credit Reporting Act
If outsourcing to a CRA, provide all FCRA and state related notifications
Follow pre-adverse and adverse process
Provide the candidate/employee an opportunity to respond
Conducting Criminal Record Searches
Get the right information up front
Conduct thorough screening within counties of residence
Look outside of state borders if necessary
Fill in the gaps with electronic data
Searching Sex Offender Records
Remember what you are getting
Don’t rely on your home state alone
Remember record vs. registry
Best Practice Take-A-Ways
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Employment And Reference Verifications
Design a program that makes sense and is consistent
Outsourcing may make sense
Be on the alert for fraud
Education Verifications
Design a program that makes sense and is consistent
Be on the alert for fraud and diploma mills
Use the right resources to verify legitimacy
Using Social Media For Screening
Are you violating privacy?
Is what you‘re finding factual and usable?
Don’t believe everything you read
Best Practice Take-A-Ways
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E-Verify For Florida Employers
Don’t forget the Federal Contractor Mandate