Smart Screening, Smart Hiring

The U.S. Department of Commerce estimates that 30% of all business failures are the result of bad hiring decisions. While a typical background check costs far less than an average days pay, one serious hiring mistake can sink a small business. Employers have a legitimate need to know whether job candidates have relevant criminal convictions and employees have a right to expect a safe and secure working environment.

The following are recommended searches employers should conduct to avoid negligent hiring lawsuits.

County Criminal Search: The United States has more than 3,100 counties. Data Facts maintains a comprehensive network which accesses courthouse researchers and online databases for the fastest turnaround times in the industry. County Criminal Records usually include a seven (7) year felony and misdemeanor search.

Records include:

· Jurisdiction searched
· Date and nature of offense
· Sentencing date
· Disposition
· Current status

Some states allow longer reporting periods. However, even where states only go back seven years, cases can be reported that are older if the period of custody extended into the seven year window. In some states with a seven year limit, a matter can be reported if the applicant is expected to earn a certain salary. Read more...

Statewide Criminal Records: Where permitted by law, criminal records are searched at the State Central Criminal Repository or an all-county search is conducted depending on availability. Some states have a "closed repository" and can only be accessed by law officials while other states require access fees. Timely reporting from each county to the state varies. Data Facts conducts statewide searches in these areas: AK, AL, AR, CO, CT, FL, GA, HI, IA, IL, IN, KY, MD, MN, MO, NC, NY, OR, SD, TN, TX (convictions only), VA, WA, WI.

National Criminal Database Search:A broader geographic search scope than the typical 7 year search of counties of residences lived and worked. A standard 1or 2 county background check will not typically find a record if the person has moved or committed a crime in another state. Serious offenders move from state to state and sometimes do not provide complete address history when applying for employment. The NCDS is an instant database search compiled of criminal information from multiple sources with more than 345 million records. Read more...

Federal Records Search: Data Facts can search federal court records. It is important to note that the federal court system is an entirely separate court system from county/state courts. We can provide a 7 year search of the US Federal District Court for criminal charges in a specific US District.

The US is divided into 90 federal judicial districts. Each district is divided by boundaries and with each district may lay 2 or more districts. Examples of federal crimes include: mail fraud, interstate drug trafficking, and civil rights violations. Docket information is available and will include case numbers, arrest or file dates, charge, disposition dates, disposition and sentencing.

Limitations of this information: Employers should be aware that positive identification can be difficult due to the lack or identifiers in federal court files.

Civil Record search: A seven (7) year search (in most cases) of legal actions involving pending and/or active lawsuits and judgments, through the county courthouse jurisdiction. The plaintiff and defendant name, case number and date are provided. Some examples of cases heard in Civil Court are lawsuits, liens, judgments, evictions, garnishments and child support issues.

Sexual Offenders Registry: Ensure that your company maintains a safe workplace. Data Facts sex offender search checks the National Registry against know offenders to reveal prior state records of a convicted sex offender. We will limit the search to the specific state if searching a common name.

Limitation of this information: This search should be treated with caution as well as other databases as each state varies in what information is maintained and released. Studies also show that many sexual offenders fail to register; some states do not have identifying details and some states may limit the type of offense made available. Some states only report by name and year of birth. If there is a common name, a record may appear that does not relate to the consumer. Additional research may be required to determine if the record belongs to your applicant.

Social Security Trace: The Social Security Trace is a vital step in a background check and is usually the first search performed on an applicant to verify their identity. The Social Security Trace provides the names and addresses associated with the social security number as it was used to apply for credit and services. The social trace also includes data from numerous sources in order to obtain past addresses. The records are assembled and maintained by private sources. Read more...

Worker's Compensation: A search of state records reveals a history of claims or previous injuries. This information must be used within ADA guidelines. These records can only be searched post-job offer.

Limitations of this information: Federal and State laws regulate the use of these records. An applicant may not be discriminated against on the basis of a lawful right to file a claim nor be denied employment if they are able to perform the essential job functions with or without accommodations and are not a health or safety threat to themselves or others.

Professional Licensure Verification: This search verifies the type of license, license status, date issued, expiration date, state of issue and licensing authority. This search confirms if an applicant has the required credentials claimed. Professional licenses are obtained by identifying and contacting the agency that issued the license. It mostly involves accessing a states database.

Limitations of this information: Professional licenses must be a valid predictor of job performance. If a licensing agency cannot verify data, the applicant should be given an opportunity to explain before assuming the applicant has lied since there can be an explanation for a discrepancy.

HHS/OIG Sanctions (Human & Health Services/Office of the Inspector General): Provided with the subject's full name and date of birth, we can access the federal database which provides information on individuals/entities that are excluded from participation in Medicare, Medicaid and other Federal Healthcare programs. If excluded, no program payment will be made to an entity in which the subject is employed for any items or services, including Admin and Management services, furnished, ordered or prescribed by the subject during the period of exclusion. This is a nationwide search.

GSA Excluded Parties List: The Government Services Administration (GSA) maintains a list of parties excluded from doing business with the Federal Government. The Excluded Parties List System (EPLS) identifies those parties barred from receiving Federal Contract, including healthcare program funding or reimbursement, and from certain types of Federal financial and non-financial assistance and benefits.

I-MED® (Innovative Medical Sanctions Database®): Examines multiple state and federal sources to assist in the identification of health care providers who may have histories of federal or state-level disciplinary actions or disqualifications, or may otherwise place your organization at increased risk.

Level 1: OIG/GSA, other federal sources - Meets the minimum government requirements as outlined in the OIG's Compliance Program Guidance.

Level 2: OIG/GSA, other federal sources and a search of the sources from an individual state of your choice - Meets the minimum federal requirements and provides limited state-licensure protection.

Level 3: OIG/GSA, other federal sources and all US states (more than 800 sources) - Exceeds minimum federal requirements and offers business risk management for existing employees/vendors/contractors. This is the most extensive search method available.

Want more information? Contact us.

*Pricing is based on volume and a number of other factors. Please contact Sales at 901.685.7599 or empinfo@datafacts.com to get a quote for your specific needs.

Smart Screening, Smart Hiring

• Applicant Tracking
• Assessment Screening
• Compliance Forms
• Criminal & Public Records
  • County Record Search
  • Statewide Criminal Records
  • National Criminal Database Search
  • Federal Records Search
  • Civil Records Search
  • Sex Offenders Registry
  • Social Security Trace
  • Worker's Compensation
  • Professional Licensure Verification
  • HHS/OIG Sanctions
  • GSA Excluded Parties List
• Credit Reports
• Drug Testing
• Education Verification
• Employment Verification
• Industry Specific
  • Education
  • Financial
  • Franchise
  • Healthcare
  • Manufacturing
  • Non-Profit
  • Retail
  • Transportation
• International Screening
• Motor Vehicle Records
• Social Screening