1Critical Background Screening Resources For HR Professionals In Florida Robert Capwell

1. Critical Background Screening
Resources For HR Professionals
In Florida
Presented by:
Robert Capwell – CKO
rcapwell@ebiinc.com
Employment Background Investigations, Inc. (EBI)
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2. Today’s Presenter
Robert Capwell
Chief Knowledge Officer
Employment Background Investigations, Inc. (EBI)
www.ebiinc.com
Past Chair - NAPBS
(National Association Of Professional Background Screeners)
* Presenter is not a licensed attorney - Nothing in this presentation
should be deemed as legal advice. Readers should consult with their
own legal counsel to determine their individual legal responsibilities.
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3. Agenda
Today’s Presenters
FCRA Compliance
Getting The Right Information Up Front
Searching Criminal Records In Florida And Beyond
Searching For Sex Offenders
Employment And Reference Checking
Developing Policy And Use Of Criminal Information
Education Fraud And The Impact Of Diploma Mills
The Use Of Social Media For Screening
Using E-Verify As A Florida Employer
Best Practice Take-A-Ways
Q And A
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4. The Fair Credit Reporting Act (FCRA)
Steps For FCRA Compliance
Step Action Taken
Certification by Employer signs a “Certification Form” that
Employer includes: “permissible purpose” , required
consent, and will comply with FCRA and state
equal opportunity laws and regulations related
to the use of consumer reports
Disclosure and Disclosure that a background check will be
Authorization conducted (include nature and scope); include
the name, address and contact info for the
consumer reporting agency, obtain consent and
date
Summary of Consumer Provide the applicant/employee with this
Rights Under the FCRA Federal Trade Commission prepared document
Investigative Consumer Further explanation of nature and scope if
Report Disclosure requested within five (5) days of applicant
request
Pre & Adverse Action Follow all notification requirements
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5. Getting The Right Information
Up-Front
Best Practices Discussion: Capturing Applicant Information
Information Obtained Paper Based Electronic Based
Complete Name, Alias, Use additional pages The ability to upload
DOB, SSN, Passport # to fill-in the blanks additional information
Driver’s license Obtain a copy if Copying and scanning
possible
Address history Is it complete? The use of dates and
forced fields
Criminal history Obtain complete Be sure to forward –
disclosure (convictions conviction information additional details –
and arrest records
only) - (City of
Jacksonville inquiry
exempt to post-offer
Provide disclaimer that criminal conviction disclosure will not affect
consideration for employment
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6. Obtaining Criminal Records Information
In Florida’s Sixty-Seven Counties
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7. Cases Heard By Court Level
General Information On Cases Heard By Each Court –
Supreme Court not included
Case Type District Court Circuit Courts County Courts
of Appeals 5 20 – Jury 67
Trials 322 Judges
Civil Small claims up
a a to $5,000
Felony Preliminary
a a hearing
Misdemeanors
a
DWI
a
Ordinance Matters
a
Traffic , no parking
a
Juvenile
a a
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8. Obtaining Exact Address Information Is
Critical
Multiple Counties Within A City
City Counties
Fanning Springs Gilchrist, Levy
Longboat Key Manatee, Sarasota
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9. Florida FDLE Court Access
Using Criminal Justice Information Services (CJIS)
Includes arrests (no juveniles) and convictions of felonies and serious
misdemeanors
Access online or by mail - $24.00 – One match is included
Level 1 check - Search by name and SSN or DOB
Level 2 check – State and national fingerprint check
Multiple name matches could require additional info or fingerprint
submission
Subject information returned may include name, last 4 of SSN, DOB,
address or physical description
Arrest information only – Do you have final case disposition?
Search county for final disposition
Broward County moves records to microfiche after 3 years
VECHS Program (1999) – Work or volunteer with children, elderly,
disabled – Includes state and FBI check
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10. Criminal Justice Information
Services
Why Is Criminal Information Missing From CJIS?
Subject was never arrested or fingerprinted in Florida
Subject’s record is sealed or expunged
Subject’s fingerprint card never received, had errors, not yet entered
Arresting agency failed to submit information
Fingerprints sent to FBI and not the FDLE
If juvenile arrested before 10/1/94 nothing available
If arrested after 10/1/94 only felonies available
If arrested after 1/1/95 felonies and misdemeanors available
Updates to the CJIS system can lag approximately 90 days
Turnaround time for fingerprint verifications could take 15-30 days
Does not include information regarding subjects heard within Indian
Tribunal Courts
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11. Going Beyond Florida
Jurisdictions
Looking Beyond Florida For Proper Due Diligence
County/statewide Search county or state of residence for all names
searches and addresses for proper coverage
Border States: Alabama, Georgia
Fill in the gaps with Includes any electronic records from county and
available electronic other courts, AOC, DOC, sex offender registries,
jurisdictional records government agency lists, international sanction
lists
Verification of Always verify accuracy for proper compliance
electronic information
International searches Consider searching based on time overseas
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12. Searching Sex Offender Records
Florida Sexual Offenders and Predators
Sex Offender Sexual Predator
A person that commits a sex crime as A person that commits the following
defined by Florida state law: sex crimes or actions:
Sexual assault; Repeat sexual offenders;
Sexual battery; Sex offender that uses physical
Voyeurism; violence;
Solicitation; Sex offenders that prey on children;
Prostitution; Sex offenders that pose a higher safety
Public lewdness risk;
Violation of probation or community
control
Required to verify their home address Required to verify their home address
on a periodic basis based on their frequently and banned from certain
offense community areas
Must register for a period of time Must register for a longer period of
based on expiration of sentence time or for life
Currently there are approx. 56,919 plus offenders registered in Florida
Information on non-compliance is not available – Typically 8% to 10%
in other states – Child Protection and Safety Act – Adam Walsh Act
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13. Do You Have The Whole Story?
Record Vs. Registry
A sex offender search is limited to violations that require a person to
register with a central repository
A criminal search is looking at all criminal records regardless of nature
or gravity
How can you use one without the other?
What about offenders coming from other states?
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14. Sex Offender Resources in Florida
Additional Resources
FL Sex Offenders and http://offender.fdle.state.fl.us/offender/h
Predators omepage.do
Dru Sjordin National Sex http://www.nsopw.gov/
Offender Public Website
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15. Florida Criminal Records Guidelines
Florida State Guidelines
Can employers ask job applicants about arrests not leading to
conviction? Yes
Can employers consider arrests not leading to conviction? Yes
Consumers do not have to acknowledge expunged or sealed records
Most public employers can deny employment based on a felony or
first degree misdemeanor that is directly related to the job. Fla. Stat.
Ann. § 112.011
No Florida statute prohibits private employers from reviewing the
arrest or conviction records of job applicants or employees
City Council ordinance in Jacksonville restricts a city applicant from
being asked of prior criminal history on a pre-offer basis
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16. Title VII Concerns Of Discrimination
Title VII of the Civil Rights Act of 1964
Intentional discrimination is actionable
Concerns of neutral employment policies that have racially disparate
impact upon minorities
Racial minorities are more likely to have criminal records than whites
EEOC Notice N-915 Convictions – Employer Considerations
Nature and gravity of the offense or offenses
Time passed since conviction/release
Nature of job held/sought – Job relatedness
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17. EEOC Resources
EEOC Resources
EEOC Resources For http://www.eeoc.gov/policy/docs/convict1.
Handling Conviction html
Information
EEOC Resources For http://www.eeoc.gov/policy/docs/arrest_re
Handling Arrest cords.html
Information
EEOC Resources To Avoid http://www.eeoc.gov/policy/docs/race-
Discrimination color.html#VIB2conviction
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18. Drafting A Policy
Procedures and Drafting Policy
Follow FCRA process – detail steps in policy
Follow state guidelines from application to separation
Identify “bright line” disqualifiers by individual position
Establish “substantial job relatedness” criteria
Establish a matrix – type of crime, age of crime, extent and type of
review based on position
Involve higher-level management and counsel when necessary
Update policy and document process as it changes
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19. Employment And
Reference Verifications
Best Practices Discussion: Employment Verification
Considerations In-House Challenges
Design scope by Consider time Third party access to on-
position and relevance resources – third line verification
party verifications resources
Supervisor and Paper based – email Follow-up process
reference interviews and after hour
verifications
International Credible sources and Use of bilingual staff
verifications turn-around time and resources on the
ground
Employment fraud Detection methods Tracking fraudulent
employers
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20. Be Aware Of Resume Fraud –
www.fakeresume.com
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21. Be Aware Of Employment Fraud
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22. Spotting Fake Employment History
Things To Consider
If it doesn’t make sense, question it
Was a complete address supplied and verified?
Using Reverse Look Up to verify number and location
Can you identify the company anywhere else on the web?
If you are doing a phone verification, ask for other departments or
listed supervisors for verification
Check with the Secretary of State
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23. Education Verifications
Best Practices Discussion: Education Verification
Considerations In-House Challenges
Design scope by Consider time Database access and
position and relevance resources – third- third-party integration
party sources
Is accreditation How do you identify Resources and track
important? time-line of accrediting bodies
accreditation?
International Credible sources and Use of bilingual staff
verifications turn-around time and resources on the
ground
Concerns of diploma 3,000 plus in The use of databases
mills existence – how do and gathering resources
you track?
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24. Concerns Of Diploma Mills
Diploma Mill Statistics
According to Verifile, UK, there are over 810 known diploma mills in the
United States
Top ten states that have unaccredited institutions and unrecognized
agencies
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25. High School and College Diploma Mills
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26. High School Diploma Mills in Florida
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27. Martin Technical College
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28. Martin College Inc.
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29. Graduates of Almeda University
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30. Spotting Diploma Mills
Things To Consider
If it doesn’t make sense, question it
Was a complete address supplied and verified?
Using Reverse Look Up to verify number and location
Is the institution provided listed on a government resource site?
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31. Education Verifications (continued)
Additional Resources
Council For Higher http://www.chea.org/
Education Accreditation
The US Department of http://ope.ed.gov/accreditation/
Education
United Nations Education, http://www.unesco.org/new/en/unesco/
Scientific and Cultural
Organization
American Association of http://www.aacrao.org
Collegiate Registrars and
Admissions Officers
(AACRAO)
Oregon Student http://www.osac.state.or.us/oda/unaccred
Assistance Commission ited.aspx
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32. Using Social Media For Screening
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33. Using Social Media For Screening
Things To Consider
Did you disclose to the applicant/employee?
Are you invading the privacy of the applicant/employee?
Are you gaining access under false pretences?
Are you discriminating against the applicant/employee?
Would what you see affect the candidate’s/employee’s ability to
perform their job?
How can you verify the information you find?
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34. facebook For Screening
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35. myspace For Screening
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36. E-Verify Use By Employers
For Federal Contractors For Florida Employers
Effective September 8, 2009 No current mandate to use E-Verify
(FAR) E-Verify requirement clause
should be included in the contract
Federal contracts that are valued at
$100,000 or greater; or contract
that is 120-days or greater; COTS
items are exempt
Services performed within the U.S.
or U.S. territory
Employees that work on the
contract need to be E-Verified
(there are exemptions)
Must sign-up within 30-days of
contract award
Existing employees within 90-days;
3-days of hire for new employees
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37. E-Verify Resources
Additional Resources
Social Security http://www.ssa.gov/
Administration
Department of Homeland http://www.dhs.gov/
Security
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38. Questions and Answers
Robert Capwell
Just One
rcapwell@ebiinc.com
Solution
www.ebiinc.com
(800) 324-7700 ext. 181
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39. Best Practice Take-A-Ways
The Fair Credit Reporting Act
If outsourcing to a CRA, provide all FCRA and state related notifications
Follow pre-adverse and adverse process
Provide the candidate/employee an opportunity to respond
Conducting Criminal Record Searches
Get the right information up front
Conduct thorough screening within counties of residence
Look outside of state borders if necessary
Fill in the gaps with electronic data
Searching Sex Offender Records
Remember what you are getting
Don’t rely on your home state alone
Remember record vs. registry
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40. Best Practice Take-A-Ways
Employment And Reference Verifications
Design a program that makes sense and is consistent
Outsourcing may make sense
Be on the alert for fraud
Education Verifications
Design a program that makes sense and is consistent
Be on the alert for fraud and diploma mills
Use the right resources to verify legitimacy
Using Social Media For Screening
Are you violating privacy?
Is what you‘re finding factual and usable?
Don’t believe everything you read
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41. Best Practice Take-A-Ways
E-Verify For Florida Employers
Don’t forget the Federal Contractor Mandate
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