HireRight prepared these materials for informational purposes only. These materials are not intended to be comprehensive and are not a substitute for, and should not be construed as, legal advice. HireRight does not warrant any statements in these materials. Employers should direct to their own experienced legal counsel questions involving their organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply.Copyright © 2005-2017 HireRight, LLC. All Rights Reserved

T P 10 QUESTIONS

about BACKGROUND CHECKS from HR PROFESSIONALS

We know that employment background checks can be quite complex. To help diffuse some of the mystery, we have answered some of the most common questions we receive at HireRight.

How LONG do BACKGROUND CHECKS take?

What does a SUCCESSFUL

BACKGROUND CHECK program

LOOK LIKE?

WHY is it so DIFFICULT to VERIFY PAST EMPLOYERS?

Do I really have to “BAN THE BOX?”

Do I actually NEED to

CONDUCT E-VERIFY CHECKS?

How SHOULD we be TESTING FOR DRUG USE?

Can you just PLUG into some CSI-type database and get

INSTANT CRIMINAL BACKGROUND INFO?

Other background check vendors NEVER

forced me to go through CREDENTIALING.

WHY do I have to do it with YOU guys?

What if SCHOOLS LISTED on the CANDIDATE’S APPLICATION or RESUME are NO LONGER IN EXISTENCE?

A background check usually contains components that may include criminal, education, employment and reference verifications. Each check may include its own distinct process and challenges. For example, when verifying employment, some employers may no longer exist, so completing this verification may take longer than a simple phone call. Criminal checks can also include different locations if the particular candidate has moved around (both domestically and internationally).

Television has created an unrealistic expectation that looking up criminal information is as simple as logging on to a database. There is no criminal database in the United States that includes records of all criminal convictions. Data concerning criminal convictions are broken up by different courts. Each court has its own request process and timeline for providing results. Some courts do not have electronic records, therefore a “court runner” is required to visit the court in person.

Any FCRA compliant consumer reporting agency (CRA) is required to know how an employer intends to use the candidate’s data. Credentialing checks a potential

client to ensure that they are a legitimate business with a permissible purpose under the FCRA to request background checks and can reasonably protect a Candidate’s data from misuse. Credentialing helps to validate that these services and candidates’ data are not being exploited.

Although it may be extremely complicated to obtain a verification of a high school degree if the school is no longer in existence, verifying a higher education degree may be a bit easier. If your policy allows it, you may consider accepting the candidate’s degree or transcripts if they have them on file.

When an employer requests a background check through a vendor that vendor may be considered a Credit Reporting Agency

(CRA) and is subject to the requirements of the Fair Credit Reporting Act (FCRA). The FCRA helps protect consumers’ rights and helps to ensure transparency in the background check process. An employer cannot initiate checks through a CRA without first presenting the necessary disclosures to the candidate and receiving their authorization for a background check. Social media sites and searches may provide conflicting, confusing and erroneous information; depending on those sources. When solely used to make a hiring decision these potential inaccuracies could put a business in legal jeopardy.

The definition of a successful program really depends on

your organization. There are many different factors that employers should take into consideration when crafting a program. Are you a global organization? Do you have a large extended workforce with contractors? Are you a government-regulated industry? Do you require a search of motor vehicle records? Each program should be tailored to the needs of the organization.

Employers are legal entities that may change names, get acquired, or simply cease to exist. In addition to all these possible changes, they also experience significant turnover of staff over the years. Some organizations may not have records dating back for many years and a candidate’s specific manager may no longer work there. Verifications agents may have to research, inquire and follow up with the candidate and employers in order to complete the verification.

It all depends on where you’re hiring. Even if you’re not hiring in one of the affected jurisdictions today, be aware that the “Ban the Box” movement, where an employer cannot

inquire into a candidate’s criminal history until a specified time (generally after a conditional offer or in some cases after an initial interview) is rapidly spreading across the country. We have developed a handy summary to help you understand, who, what and where “Ban the Box” has been implemented

You can find this in our Resource Library on our website.hireright.com/resources/library

While federal law requires all employers

to fill out Form I-9 for new employees, E-Verify, a

free service of the US Citizenship and Immigration Services (USCIS), is not required of all employers. However, some employers subject to certain state or federal laws or contractual requirements are mandated to use E-Verify. Regardless, E-verify can be a helpful supplement to the I-9 process.

It’s important to note that once again, one size does not fit all. Many employers choose to test for five different drugs, although it is not unusual to conduct seven-,

nine-, or even twelve-panel drug tests. Regulated employers, such as those in the Transportation or Health Care industries, may have to adhere to more stringent requirements. Employers may also want to consider the type of specimen collected, whether it be oral fluid, urine or hair testing. Each type has its pros and cons and vary in price.

T P 10 QUESTIONS

about BACKGROUND CHECKS from HR PROFESSIONALS

Why can’t you just LOOK UP

THE CANDIDATE on GOOGLE OR

FACEBOOK?