Contact us with any other questions that you might have.

Why must I have the applicant's permission to do background searches?
Simply stated, it's the law. The federal Fair Credit Reporting Act governs background searches, and violations of this act can have serious legal ramifications. In this situation, the FCRA was designed to protect the individual consumer and his/her privacy. (back to top)

What is the FCRA? Why must I require all these forms for an applicant?
The FCRA is the federal Fair Credit Reporting Act, which is the governing act applicable to background searches. The federal Fair Credit Reporting Act (FCRA) stipulates that certain forms and procedures be followed in order to preserve the rights and privacy of applicants. Violations of this act may create substantial legal ramifications. (back to top)

What does the Fair Credit Reporting Act have to do with a criminal search?
The FCRA governs all background searches, not just credit reports. The Act defines permissible purposes, how the information is handled, what procedures and documentation must be followed, and even defines the procedures for when an applicant is denied a job based on the results. There is a great deal more to know about the FCRA, and we recommend all HR personnel be aware of the impact this act has on your employment decisions. (back to top)

If I do not intend to hire an applicant, do I have an obligation to that individual?
It all depends on why you are not hiring them. If the background search revealed information that caused this adverse action, then you are required by the FCRA to notify them of your intent not to hire them, issue a copy of their Summary Of Rights, and supply a copy of all the background reports gathered. After allowing them time to dispute the results, you must then notify them that their application has been terminated. (back to top)

Are statewide searches sufficient as a criminal history search?
This question is very difficult to answer. Although many states offer this level of search, we have witnessed a lack of sufficient information, in our opinion, to make realistic due diligence decisions. Statewide searches often only contain what the counties chose to report, and some states do not require county participation - it is strictly on a volunteer basis. Additionally, most states have lengthy turnaround time, causing delays in reports. We will gladly do a statewide search where offered, but we only recommend a few at this time. (back to top)

Immediate turn-around time is offered by a lot of online background companies using databases. Can you offer that service as well?
No, and there is an excellent reason why. Companies that advertise immediate turn-around times and very often amazingly inexpensive prices are not true background search companies. The operative word is ‘search’. They use pre-compiled databases they purchase, which are most often out-of-date and incomplete. There is no actual ‘search’ taking place. The criminal records retrieved from such sites are not in strict compliance with the federal FCRA, and therefore not legal within the meaning of the law. The following link www.ftc.gov/os/statutes/fcra/allan.htm is a staff opinion letter from the Federal Trade Commission addressing just this issue. This is excellent reading for companies that want to be compliant with the law. (back to top)

Are Felony and Misdemeanor records always together?
In most counties and states they are housed in the same court and therefore available together. However, you are welcome to order just felony convictions. Those few counties that do not house their criminal records together require a separate search and possibly additional fees. (back to top)

May I select only Felony searches?
Absolutely, as long as all applicants for that level of position are reviewed under the same scrutiny. (back to top)

How many criminal history searches should I do on any one individual to be sure I have done my due diligence?
There is no set limit. At the very least, determine where the applicant has lived and worked in the last seven years and make this the basis for your searches. This is not the place to skimp. If someone has a record, they may very well move to get a 'fresh start,' so don't limit your search to where they have lived the longest or most recently. (back to top)

Are Motor Vehicle Records (MVR) considered public records?
No, they are not considered public records. That means you must have a 'permissible purpose' and some states may require proof of this with a signed release. Each state establishes their own level of information and the length of reportable data for employment searches. (back to top)

Is it legal to pull your own or your family member's credit report?
You must have legitimate permissible purpose to pull any credit report, even your own. Inform members of your staff who are authorized to pull credit reports that it is a violation of Section 604 of the Fair Credit Reporting Act to ask for a credit report without legitimate permissible purpose. It is a violation of the law and may provide the subject of the report with grounds for a damage suit. (back to top)

I've seen 'HAWK ALERT' on credit reports. What is this?
Hawk Alerts let you know your applicant's address, Social Security Number or telephone number needs further investigation. It may not mean this individual is at fault; however, it does indicate that there is need for additional research. (back to top)

Can you verify social security numbers?
We can access several searches that can help determine the relationship of a social security number and the related names used, or when and where the SSN was issued. However, only the Social Security Administration can confirm a social security number is legal and belongs to a specific person. Although the federal government is currently testing other solutions, only the following procedure is available to truly verify a person's social security number.
POST-EMPLOYMENT SSN VERIFICATION
Up to 5 names - Call 1-800-772-6270 or 1-800-883-1213
Up to 50 names - Fax a list to your nearest SSA office
Over 50 names - Register for Enumeration Verification Service (EVS)

Each request must include SSN, full name, date of birth and sex  (back to top)

How do I know which searches I should request?
We have samples and can help you deceide based on your industry or other factors. Your background searches should be predicated on the position for which you are hiring, not on the individual you are hiring. In other words, define your searches based on the needs of the job and apply it consistently for all applicants. (back to top)

What do I do if an applicant says the report is not accurate or not them at all?
First, let us know what they are disputing. We will run the search again and either correct the information found or confirm the original information. We cannot guarantee the information is accurate; we can only guarantee it is in the public records and matches the major identifiers of your candidate. As the end-user, you are the only one who can confirm the identity of the individual. Only through fingerprints can a true identity be made. (back to top)

I've been told that I should not ask an applicant for date of birth, yet it is required to do most searches. Why the contradiction?
You are not allowed to use the date of birth as a determination in offering a job; that would be discriminatory. However, DOB is one of the identifiers that local and state government agencies use when criminal records are filed. Therefore it is permissible to request it in conjunction with these searches. If you are concerned about this, we will gladly allow the applicant to supply this piece of information directly to us, thus removing the DOB from your pre-employment inquiries.  (back to top)

How do you retrieve records?
All of our searches are started 'fresh' and retrieved directly from the court of jurisdiction. (back to top)

Why do I need a search firm? Isn't most of this information online?
Contrary to popular opinion, criminal and other searches are not 'available online.' Very few county court records are accessible online, and then only with special access procedures and fees. Most of the advertised sources of online criminal history do not come directly from the courts, but is retrieved from databases that are not always accurate or current. Always ask if their searches are direct from the originating source or are they simply pulled from a purchased database. (back to top)