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What Nonprofit Organizations Need to Know About Criminal Background Checks Mike Coffey President Imperative Information Group www.imperativeinfo.com

Backgrounds for Churches and Nonprofits

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Mike Coffey's presentation on background check considerations for churches and nonprofits.

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Page 1: Backgrounds for Churches and Nonprofits

What Nonprofit Organizations Need to Know About

Criminal Background Checks

Mike CoffeyPresidentImperative Information Groupwww.imperativeinfo.com

Page 2: Backgrounds for Churches and Nonprofits

Homeland Security concerns have heightened employers’ responsibilities.

Page 3: Backgrounds for Churches and Nonprofits

Good corporate governance now includes human due diligence.

Page 4: Backgrounds for Churches and Nonprofits

Employees face threats from within, not just outside, the workforce.

• 516 workplace murders

• 417 by shooting

• - 2006 US Department of Labor

Page 5: Backgrounds for Churches and Nonprofits

• 12,025 cases filed

• $48.8 million settlements•

- 2006 EEOC

Employers’ liability for employees’ actions costs both money and goodwill.

Page 6: Backgrounds for Churches and Nonprofits

Employee theft is the single largest cause of retail loss (“shrink”).

• $19 billion

2006 National Retail Security Survey

Page 7: Backgrounds for Churches and Nonprofits

The most important thing I’ll say today...

Page 8: Backgrounds for Churches and Nonprofits

Local jurisdictions regularly fail to report criminal convictions to the state database.

Page 9: Backgrounds for Churches and Nonprofits

Clifton Williams Stephen Barbee Anthony Shore

34% of Texas Death Row convictions are not listed in Texas DPS’ “statewide” database.

Page 10: Backgrounds for Churches and Nonprofits

There is no reliable “national” or “nationwide” criminal records source.

Page 11: Backgrounds for Churches and Nonprofits

“National” databases miss 60% or more of available criminal records.

Michael Gilbert

Page 12: Backgrounds for Churches and Nonprofits

62% of felony defendants released

33% were rearrested

- 2004 Bureau of Justice Statistics

State and national criminal databases do not reflect pending criminal cases.

Page 13: Backgrounds for Churches and Nonprofits

The county courthouses’ “live” criminal records are the best source.

Page 14: Backgrounds for Churches and Nonprofits

Limiting the background check to a single county will miss important information.

Jacob Muniz

Page 15: Backgrounds for Churches and Nonprofits

Federal criminal records, though difficult to search, should not be overlooked.

Page 16: Backgrounds for Churches and Nonprofits

Limiting the scope of criminal reports to seven years will miss important information.

Page 17: Backgrounds for Churches and Nonprofits

A good criminal background check begins with identity research.

Employment

ApplicationName

DOB

SSN

Prev. addresses

ID Research

Associated Names

SSN Issuance

Address history

Page 18: Backgrounds for Churches and Nonprofits

All paid staff need full criminal background checks.

IdentityResearch

County

Research

Federal Research

State &

“National”

Databases

County

ResearchPossible records

Page 19: Backgrounds for Churches and Nonprofits

Volunteers’ roles should be evaluated with from the viewpoint of a bad actor.

High-Access or High-Credibility

High Risk

=

Page 20: Backgrounds for Churches and Nonprofits

High-Risk Volunteers need full criminal background checks, just like staff.

IdentityResearch

County

Research

Federal Research

State &

“National”

Databases

County

ResearchPossible records

Page 21: Backgrounds for Churches and Nonprofits

Staff-supervised, low-access volunteers inside a fully implemented safety system.

IdentityResearch

County of Residence

Research

State &

“National”

Databases

County

ResearchPossible records

Page 22: Backgrounds for Churches and Nonprofits

The federal Fair Credit Reporting Act governs employment-related background checks.

Page 23: Backgrounds for Churches and Nonprofits
Page 24: Backgrounds for Churches and Nonprofits

The employer must provide information prior to making an adverse decision.

Page 25: Backgrounds for Churches and Nonprofits

The employer must provide additional notice after taking the adverse decision.

Page 26: Backgrounds for Churches and Nonprofits

The FCRA limits what can be reported in background checks.

Page 27: Backgrounds for Churches and Nonprofits

1996 – Berkeley, SC

• Domestic violence

• DWI

2001, 2002 – Navarro, TX

• Criminal Trespass

• Theft

• DWI

Identity theft is a growing problem in criminal records.

Page 28: Backgrounds for Churches and Nonprofits

Mike CoffeyPresident

Imperative Information Grouphttp://www.imperativeinfo.comhttp://blogs.imperativeinfo.com

P.O. Box 101327Fort Worth, Texas 76185

[email protected]

Licensed by the Texas Department of Public SafetyPrivate Security Board (A09357)