Prepared by:

COAST GUARDIAN INVESTIGATIONS INC.

3475 Investment Blvd., Suite 202
Hayward, CA  94545
Phone:  (510) 785-5900 or (800) 270-0038

Fax:  (510) 784-0500

1997

It is important for organizations to know their employees and consultants. 

A Pre-Employment Background Screening is strongly recommended. 

Prospective employees must sign a Consent Form to enable you to perform this screening. 

Here are some things this screening will tell you and why they are important.

 

 

CRIMINAL HISTORY

Criminal history records are classified "public records" under the Federal Freedom of Information Act.  Although access is guaranteed, the handling of this information is now governed under the F.C.R.A.(Fair Credit Reporting Act).

Why run a criminal history search?

• To determine the desirability of an applicant for employment.

• To provide other employees with a safe work environment. 

• To protect the assets of the company. 

Would you want a convicted thief working in a product filled warehouse?  Would you want a convicted drunk driver driving company vehicles? Would you subject other employees to a convicted violent sex offender?

How are criminal records obtained?

Criminal records are located throughout the country within the county’s where the crime(s) were committed.  It is necessary to travel to the courthouse where the county’s records are stored to locate and view criminal history files.  There is no "centralized" criminal history records storage or availability on any state or federal level available to the public.

Example - If John Jones’ only conviction was a burglary in Los Angeles county, a records search anywhere else but Los Angeles County would show nothing.

How is it determined which county to check for criminal records?v

Based on a seven year address, history from the employment application, verified by a credit report and driving record, the county where the applicant has spent the longest duration.  Most criminals do not commute to commit their crimes.

Why seven years?

Most records are readily available only within a seven year period of time.  After this time, shorter in larger counties, the records are stored where not readily available or placed on micro-fiche.  A search conducted within the past seven years for an applicants criminal history is considered by most legal experts to be "diligent".

Don’t computers make it easier and faster to check for criminal records?
Yes and no.  The majority of computer records only show a summary of information which may include the subject’s name, file number, and whether the crime is a misdemeanor or felony.  In addition, there are many counties where computer records do not yet exist.  The computer records do not show:

• Nature of charges and whether or not convicted
• Disposition of case

Personal "TRW" or credit reports are confidential and protected under the F.C.R.A., the Fair Credit Reporting Act.  Within this section are disclosure exceptions.  One such exception concerns applicants for employment and under new regulation, require a signed waiver form.

Why run a financial history or credit report?

To determine the desirability of an applicant for employment.  An individual with recent financial problems is generally considered less productive and a more likely candidate to supplement his/her salary by stealing from an employer.  In addition, employers are often burdened with paper work relating to "wage garnishments" for employees who fail to pay their bills.

 

How are credit reports obtained?

By computer.

What is included in a credit report?

Any public filings such as bankruptcies, liens or judgments.  Any collection activity or late payment history. In addition, an address history, spouse information, employment information and year of birth.

New F.C.R.A. Amendments

New amendments to the F.C.R.A. should be consulted when information coming from a consumer report (TRW/financial report) is used to deny employment.

Driving records for most states are considered "controlled" public records.  In other words, access is often limited to those who have a "justifiable" reason for the information.  Often times a pre-arranged account is required.

Why run a driving history?

To determine the desirability of an applicant for employment.  For a drivers position, this is a must. In addition, driving records show activity within the entire state and include additional states as well. Studying the conviction activity on a drivers record may aid in the selection of the county where the criminal records search will be conducted.

Example - John Jones’ application shows a seven year address history to be in one county only.   Because Jones always used his parents address for his billing address, his credit report does not accurately reflect his address history.  However, Jones’ driving record shows multiple violations in another county over several years. Within that county, Jones was found to have a criminal record for Grand Theft.

Why not have an applicant obtain his/her own DMV printout?

By using an average computer and readily available software, anyone can invent, modify or create a driving printout similar to those obtained from the Department of Motor Vehicles.

How are driving records obtained?

In some states, by computer, in others, a personal appearance at the Department of Motor Vehicles.

What is included in a driving record?

Name, date of birth, physical description, and validity of license for the holder.  In addition, convictions, accidents, departmental actions, restrictions and special endorsements.

Copyright OneStop HR, Inc., 1997