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Criminal Background Check
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Is it legal to conduct a criminal background check on an employee that is hired by the temp agency or does the temp agency has to do the background check? My company does not have any paperwork
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Forums » Topic Forums » Legal Forum » Criminal Background Check
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Re: Criminal Background Check
posted at 10/30/2012 1:03 PM EDT
on Workforce Management
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Posts: 3
First: 7/11/2012 Last: 10/30/2012 |
As the GM of a background screening company, we do a lot of background checks for staffing agencies. My one warning to any company that is relying on the staffing agency to do the background checks is to ALWAYS specify to them in writing what you want. Be specific. Don't just state that you want them to "do a criminal records check". They nearly always will go the path of least expense -- and when it comes to criminal background checks, you do get what you pay for. There are many levels of background checks at the local/county, state, nationwide, and federal levels, plus other related services, so even if the temp/staffing agency tells you they are checking criminal records, you need to find out specifically what they are checking and how far back -- and if the person is a woman, are they checking previous last names for records too (aka names). Are they checking just the current county where the person lives or going back 7 years (industry standard for *most* states)? Are they just doing an online database check but not county-level checks? (typically current/open/pending cases will never show up on those and many states' records are not included in those or are spotty at best). There are many questions to ask them so do your research and then specify to them what you want and need. As an example, I can do a Louisiana statewide criminal check using a state database--however, 95% of the time it will come back clear, no record. Why? Because Louisiana does not allow 3rd parties (like bacakground screeners) access to their state records. We can, however, access their records at the county-level, which is what we recommend. So if you were placing or hiring someone in that state (and there's quite a few others with limited information) and your staffing agency said they did a statewide criminal check and it came back clear -- beware. Just an example, of course, but we see it all the time here. Also, if using a 3rd party (even an online one) you should get a signed authorization form the person first to be in keeping with the FCRA requirements. It's always a good "cya" practice to have that on file as part of the application process regardless if you are going to start running them yourself. Otherwise, the staffing agency should have had the person sign one if they are doing the check. Good luck!! Tricia |
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Re: Criminal Background Check
posted at 10/30/2012 1:57 PM EDT
on Workforce Management
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Posts: 148
First: 9/29/2011 Last: 12/10/2012 |
Thank you for not trying to sell your company's services on these forums. The great insights you provided are especially valuable coming from a professional who works in the industry. |
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Re: CrossCheck™ - The leading International Criminality & Regulatory Database
posted at 11/1/2012 12:58 PM EDT
on Workforce Management
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Posts: 3
First: 7/9/2012 Last: 11/1/2012 |
In Response to CrossCheck™ - The leading International Criminality & Regulatory Database: CrossCheck™ is part of The Ethics Group. Whilst it is a new name, the team behind it have been involved in international background checks for the past decade. In fact, CrossCheck is the child of a few parents including Quest Research Ltd, IntegraScreen Ltd and Dataflow Ltd. CrossCheck™ offers our clients enhanced features, a user-friendly interface and advanced technology platform. Although a new name, the databases existence goes back to more than a decade. It is considered to be one of the best international database checks in the market today, especially as a Criminality Check for pan-Asian region . CrossCheck™ has coverage of 750+ sources globally that include various law enforcement & regulatory bodies, terror watch-lists and others with more than 3.2 million records. Over time, CrossCheck™ has developed into a specialist Asia-focus criminality risk database while uniformly tracking major sources from all over the world. Its Law Enforcement Dataset alone has over 1.95 million records. With its focus on the Asian region , CrossCheck™ has more than 200 Asian sources that are not available with other International database providers. CrossCheck™ constitutes best available practice when conducting background checks on an individual whether it be for immigration, pre-employment screening requirements or for the government. Please feel free to reach out to us for queries/suggestions: info@crosscheck360.com Regards, CrossCheck Posted by nilesh.kokane Not the place to advertise! I agree with the last post--Never use this company for anything. |
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