What to expect from a compliant HireSafe background screening report.
“I admire your conviction about the services that HireSafe offers its clients. It is good to know you have our very best interest at heart.”
Yvette Vazquez, American Bank
“We have found both the quality of HireSafe’s work and their customer service to be superb.”
Earl Saunders, The Saunders Group
“We have never had a report from them that was later shown to be less than complete and accurate... HireSafe has been extremely supportive of our needs.”
David J. Henley, Business Resource Group
“…ALWAYS helpful…prompt with follow-up and very pleasant. GREAT customer service!”
Rebecca Kniss, QuinStreet, Inc.
“HireSafe has provided our agency with valuable information which is vital to our hiring decisions. They are a perfect example of customer service...responsive and accurate in reporting. I highly recommend HireSafe to other companies.”
Dianne Dudek, South County Housing
"I just wanted to thank you and your company for such a smooth process. The ordering process was very straight forward.The final report was comprehensive and easy to read so I feel reassured that I did my due diligence in checking out the Nanny.
I will DEFINITELY use the service again should I need to find another Nanny."
Teial Starks Dickens
Simply put, HireSafe solely exists to enable your organization to make an informed hiring decision. You’ll find that we work with a laser-like focus to identify your needs, and then explore all the ways we can most efficiently deliver on those requirements.
We say exactly what we're going to do, and we do exactly what we said.
Record Reporting "101"
The state criminal record reporting system in the USA is a mosaic of the 50 states, DC and territories. While we all share a common written and spoken language, each state/territory have their own various local laws. In addition to the state/territory level we have a Federal Court system in every state, often with multiple districts. There simply is no single-source for all of the criminal records comprising a nation with over 350 million citizens.
Employment Background Screening is regulated by both the federal Fair Credit Reporting Act (FCRA) as well as various state laws. At HireSafe we integrate the reporting rules established by the FCRA with a minimum seven-year criminal record search on all reports. Most states allow longer 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 still reported if the applicant is expected to earn a certain minimum salary level.
A crime that occurred more than seven years ago may be reportable even in a seven-year state if any sentencing requirements were served within the past seven years. In at least two states with seven year limits, Colorado and Texas, there is widespread industry agreement that the seven year rules are pre-empted by the federal FCRA. HireSafe does not report arrests that did not result in a conviction or dismissed charges in order to assist employers in complying with federal and state discrimination laws.
It is our policy to search for both felony and misdemeanor convictions to the extent possible in state/county criminal court since many serious violations can be classified as misdemeanors. However, not all courts have misdemeanors available. Searches are performed at the central courthouse or by use of the same resources that are available at the central courthouse.
Not all jurisdictions provide all misdemeanor records. Misdemeanors or minor offenses filed in outlying courthouses or in Justice of the Peace courts may not always appear at the county level. In addition, some courts charge an access fees for records. If we encounter any court-imposed fees they are treated as a direct-bill item to our client with no additional markup added.
HireSafe can also search federal court records. The federal court system is an entirely separate court system from county courts. Federal courts are searched at the district court level. Employers should be aware that positive identification can be difficult with federal searches due to lack of identifiers provided in federal court files.
"National" Criminal Records
Contrary to popular perception, criminal records from every county court are not available by computer nationwide. The FBI National Criminal Information Center database (NCIC) is restricted to law enforcement and those employers who have specific governmental authorization, and even that search is subject to gross errors and omissions.
The HireSafe Multi-State Criminal Database Record Search is a compilation from approximately 1/3 of the total number of county courts, including the National Sex Offender. It is not a county court search and the information that it contains is useful as a locator of possible criminal records beyond the reported address history of a candidate. Any record “hits” found within the Multi-State Criminal Database Record Search must first be verified at the local county court for accuracy prior to being delivered to our client.
The single most accurate criminal record search must be conducted by examining the public records at each individual county courthouse that is potentially relevant. There are over 3,200 courthouses in the US. As with any event that depends upon human accuracy, there is always the possibility of error. In some courts, the court clerk conducts the search and the accuracy depends upon the court clerk. Some courts charge an access fee and HireSafe provides a current schedule of these fees. For New York, there is an additional state imposed fee of $65 per name searched (subject to change) for a state provided statewide search. If obtaining New York records, inquire about special New York issues in using criminal records.
If there is a possible criminal record, it is critical to carefully review the underlying court documents to locate identifying information to determine if the criminal record in fact belongs to the subject of the search. The criminal record must also be examined to determine the details of the offense and whether the criminal matter is reportable. In the event of a "hit" there may be delays beyond the control of HireSafe in obtaining the record since record production is controlled by the court clerk in each county.
Sometimes an applicant may have a previous name or an "alias" name. For example, this can occur if an applicant has married and there has been a name change. A search for a criminal record does not include the previous name unless specifically requested since court indexes are maintained by the name used for the criminal filling. A search under a previous or different name is, in fact, a separate search.
For all of the above reasons, criminal record searches are not an exact science and errors are always possible. There can be false negatives (i.e. a person is cleared who in fact has a criminal record) or false positive (i.e. a person is misidentified or is the subject of criminal identity theft).
However, when used in conjunction with other safe hiring tools, criminal records background checks, such as employment checks and social security traces, are extremely effective in protecting the workplace against hiring individuals who are dangerous, unfit, or unqualified for a particular job.