Frequently Asked Questions
What is a background check?
Why does an employer conduct a background check?
Which searches should I use?
Why should my company outsource Background Checking Services?
How much does it cost to do a Background Check?
How long does it take to complete a Background Check?
What does the Fair Credit Reporting Act (FCRA) have to do with background checks?
How can I make sure my company is in compliance with FCRA?
Do I have to get the applicants permission to run a pre-employment background check?
Is it legal to ask my applicant for their Date of Birth?
How far back do you look for criminal records?
How do you search for and verify criminal records?
How do I know if a company is selling "stored data"?
Are there statewide criminal searches available?
Is there a nationwide criminal search available?
What is the difference between a felony and a misdemeanor?
What areas do you cover in a background check?
Can I use the National Wants and Warrants?
How do I send and retrieve information?
Why choose Check My Employee?
How do I get started?
Background Check is a common term used to describe any one or a combination of reports collected about individuals for employment purposes. The technical term used by the FCRA for collection of such data is "consumer report" or "investigative consumer report".
Employers may conduct background checks for several reasons. Negligent hiring lawsuits are on the rise. If an employee's actions hurt someone, then the employer may be liable. False or inflated information supplied by job applicants has risen significantly in the last few years. Estimates show 30% to $40% of all job applications and resumes include some false or inflated facts. Federal and State laws require background checks for certain jobs such as those who work with the elderly, disabled or in childcare. Some jobs that require security clearances will require background checks. Employers that perform background checks are promoting a safer environment by protecting their company, their employees and the consumers to whom they may relate. Performing background checks helps the employer make informed decisions. Information provides the employer with knowledge that makes for wiser hiring decisions.
Some benefits of pre-screening: Discourages applicants with something to hide Uncovers falsified credentials Demonstrates Due Diligence Saves money and time in recruiting, hiring and training Helps protect against negligent lawsuits Reduces employee theft Reduces turnover Reduces workplace violence Increases productivity and employee morale
Some benefits of pre-screening:
Discourages applicants with something to hide
Uncovers falsified credentials
Demonstrates Due Diligence
Saves money and time in recruiting, hiring and training
Helps protect against negligent lawsuits
Reduces employee theft
Reduces turnover
Reduces workplace violence
Increases productivity and employee morale
Which searches should I choose?
Selecting the services that best suit your company will vary depending on the position and needs of your company. CME will help you determine which services would better suit your hiring needs. We will recommend the services that would benefit you, not oversell you with services that you do not need.
Why should my company outsource Background Screening Services?
Employers and human resource departments are limited in performing in-house verifications. Checking an applicant's backgorund can be time consuming and some services such as criminal records checks are not easily accessible. Using a consumer reporting agency such as Check My Employee will give an employer more time, energy and resources to concentrate on their core business. CME has direct access to courts and agencies that can provide the information you need. Our in-house investigators are trained to provide the best possible employment and reference checking available. It makes sense to outsource!
The cost of a Background Check will vary depending on the services required for the position. In most cases the cost of a background check will be less than the pay of an employee's first day on the job. When you look at it this way how can it not make sense to outsource screening? CME will provide a quote to your company based on size and the services you will require. Our prices are very competitive on a national average.
On average it will take anywhere from 24 to 72 hours. These are circumstances when an employment or education verification or criminal search is delayed. Whenever this occurs CME will contact our client and inform them of the delay. Some searchers are "instant" such as credit reports, social security trace and address reports and most motor vehicle reports are considered instant reports. Our staff works very hard to provide the information our clients seek in the fastest and most accurate way possible. We understand your need for hte information as quickly as possible.
The FCRA is not just for Credit Reports. The FCRA regulates the collection, storage, and sale of personal information including, but not limited to, criminal history records, driving records, worker's compensation reports, educational credentials, credit history checks and employer reference checks for employment related purposes. The FCRA regulates the information and responsibilities of employers and the consumer reporting agencies such as CME. Failure to comply with these regulations can result in significant penalties and/or face criminal prosecution.
How can I make sure my company is in compliance with the FCRA?
Compliance with the FCRA laws is not as difficult as it may seem. CME informs our client of their responsibilities and of our responsibilities to our clients and the consumers we investigate. Follow these simple steps:
1. You must have a permissable purpose for requiring a background report, i.e.: for employment purposes, a legitimate business need that is initiated by the consumer, as instructed by the consumer in writing, etc. 2. Prior to initiating a background screen for employment purposes an employer must give notice to the applicant that a background check, referred to as a consumer report, will be performed. This is call Disclosure. 3. Obtain written authorization from the consumer. This is called Consent. 4. If an employer makes a decision not to hire an applicant based on any part of the consumer report, the employer is required by Section 615(a) of the FCRA to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following: a. The name, address, and telephone number of the CRA (including a toll-free number) that provided the report. b. A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made. c. A statement setting forth the consumer's right to obtain a free disclosure of the consumer's file from the CRA if the consumer requests the report within 60 days. d. A statement setting forth the consumer's right to dispute directly with the CRA the accuracy or completeness of any information provided by the CRA. 5. State law may impose additional requirement. CME will inform our client if the state in which they reside has additional requirements. Most states follow the federal law however states such as California have additional requirements.
1. You must have a permissable purpose for requiring a background report, i.e.: for employment purposes, a legitimate business need that is initiated by the consumer, as instructed by the consumer in writing, etc.
2. Prior to initiating a background screen for employment purposes an employer must give notice to the applicant that a background check, referred to as a consumer report, will be performed. This is call Disclosure.
3. Obtain written authorization from the consumer. This is called Consent.
4. If an employer makes a decision not to hire an applicant based on any part of the consumer report, the employer is required by Section 615(a) of the FCRA to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following:
a. The name, address, and telephone number of the CRA (including a toll-free number) that provided the report. b. A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made. c. A statement setting forth the consumer's right to obtain a free disclosure of the consumer's file from the CRA if the consumer requests the report within 60 days. d. A statement setting forth the consumer's right to dispute directly with the CRA the accuracy or completeness of any information provided by the CRA.
a. The name, address, and telephone number of the CRA (including a toll-free number) that provided the report.
b. A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made.
c. A statement setting forth the consumer's right to obtain a free disclosure of the consumer's file from the CRA if the consumer requests the report within 60 days.
d. A statement setting forth the consumer's right to dispute directly with the CRA the accuracy or completeness of any information provided by the CRA.
5. State law may impose additional requirement. CME will inform our client if the state in which they reside has additional requirements. Most states follow the federal law however states such as California have additional requirements.
Yes. Under the guidelines of the FCRA, an employer must give disclosure to the applicant that a background check will be performed. In addition a signed authorization from the applicant must be obtained. This must be done on a separate sheet of paper from the application. Once this is done a background can be performed.
Is it legal for me to ask an applicant for their date of birth?
Absolutely! Without an applicant's date of birth it would be close to impossible to identify a subject of a criminal record. The EEOC states it is illegal to discriminate against someone based on their age. However, CME's consent for background states that a date of birth, social security number, sex and race are required solely for identity purposes. Without this information consumers would be faced with "false positives" for criminal or civil record searches.
The FCRA states a 7 year limit for criminal records that do not lead in a conviction. There are exceptions to this rule. Convictions do not have a limit according to the FCRA and can be reported as far back as the source can provide.
CME has a vast number of contract employees stationed all over the United States who search county level criminal and civil records directly at the courthouse. Statewide criminal searches are ordered directly from the state repository such as the Administrative Office of Courts or State Police agencies. Searches are performed on a name basis and identified by the date of birth or social security number. When the DOB or SSN is not provided in the file we will use any other means available such as an address or driver's license to provide identification. CME will never report a "name match only". We make every effort to provide accurate information.
How do I know if a company is selling "stored date"?
First of all only choose to do business with a trustworthy source such as CME. At CME you do not have to ask if our information is a stored database search, we tell you up front exactly where our information is derived from. There may be companies that try to "cut corners" and sell you stored information and charge you for "county courthouse level searches". In this case you may not realize what you are getting until it is too late and you have a liability issue. Stored data records are purchased directly from the source or acquired by resellers of data. Most of the information will not be up to date and will require additional searches. Most pre-employment screening companies offer this type of search to their clients. CME has a database search called NationNet Criminal Search. This is a stored database search that we offer our clients only as an addition to the standard county or state criminal record search. We refer to this search as NationNet because it is similar to throwing a net over the Nation. This search can be informative and useful when used in addition to the traditional searches. When this search is utilized and a "hit" occurs CME highly recommends a county level search for the area listed in order to get up to date information in order to meet the requirement of the FCRA which states outdated information for hiring decisions does not comply with the law (Sec. 613(2)). The following can be Warning Signs that the vendor is selling you stored data:
Yes. Every state has a repository of criminal activity that is developed from county level criminal records. Some states, however, do not make this available to the public. Although most states provide this information it may be outdated and incomplete. State repository records in and by themselves is not recommeded by CME. A county level search is the best way to get the most accurate and updated information. A statewide search is always best when added to county level search requests. I know this sounds like more money and truthfully it is. Statewide searches cover more areas than ordering the county of residence for criminal history. Many times we have seen a consumer criminal reocrd on neighboring counties of residence. This is why a statewide search is recommended along with the county level of search. CME believes this will provide a due diligent search and provide you with the greatest amount of protection against liability issues.
Are there "nationwide" searches available?
No. Contrary to what many screening companies tell you there is NO nationwide criminal search. Only the NCIC (National Crime Information Center) available to law enforcement and FBI is a true national criminal search. This is not available to the public and can not be used to perform backgrounds on applicants. If a company tells you they can offer you a nationwide criminal search please be aware that they may be selling you the stored database searches. Ask what the source is and how information is stored. Ask how often the informatin is updated. Many companies collect and store information and re-sell this information as a "nationwide" search. Please refer to the information above on "stored data".
What is the difference between feloy and misdemeanor?
The difference is the severity of the crime. Felonies are more serious and in most cases (but not always) result in jail time of more than a year. One state, for instance, gives a sentence of 12 months jail time and this means a Misdemeanor, however, if they say the sentence is 1 year this means a Felony. Misdemeanor's are less serious and result in sentencing for jail time of less than a year in most cases. In some counties the judge has the discretion to rule an offense as a misdemeanor or felony. States and county level judicial systems vary in how they report information and the terminology can differ from state to state. Make sure you have a company that understands the judicial systems across the nation to best serve your needs.
CME is a nationwide pre-employment screening company with access to all district and county courthouses. We also offer considerable coverage on an International screening level. Our in-house investigators are trained to seek and provide as much information as possible on employment, education, and reference verifications. Motor vehicle records are derived from the state agencies that maintain those records and in most cases can be provided instantly through our online access. We are a full service provider.
Many employment screening companies still offer this service. Beware if a company says they can provide this service to you. In October 2001 the FBI released a new version of the CJIS Security Policy that make it vey clear if a background company offers Natinal Wants and Warrants they are engaging in illegal activity. CME takes pride in providing legal and accurate information.
Under the section title "Dissemination of State or Federal Hot File Records", and with the subject "Commercial Dissemination", the FBI policy is as follows:
"The commercial dissemination of state or federal hot file records obtained from NCIC (CJIS Systems) is prohibited. Information derived for other than law enforcement purposes from national hot file records can be used by authorized criminal justice personnel only to confirm the status of a person or article, i.e., wanted to stolen. Any advertising of services providing "data for dollars" is prohibited"
Under commentary it further says, "The wholesale marketing of data for profit is not permitted, as in the example of a pre-employment screening or background checking company requesting that wanted person checks from NCIC be conducted on individuals for various non-criminal justice employment."
Please be aware of this information and do not use a vendor that says they provide this service. Especially be aware that they will provide this service with "no charge".
CME has implemented the latest screening technology. Our clients can log on to a secure web based order and retrieval system. This system has many "perks" that you may find useful such as instant retrieval for credit reports, social security address trace, motor vehicle records, homeland security search request and our NationNet search. Other requests must be processed and turn around time wil be between 24 to 72 hours. When complete CME will post results on the website and send you an email that you can view the report in Adobe format. You can print, move to archives for later retrieval and/or you hae the option to enter comments about the applicant. There are many more reasons you will be pleased with this system. We also offer XML interface with appicant tracking systems. You also have the option to fax or email your request to us.
Check My Employee has the experience and resources to provide you with excellent customer service and support. We want to be the company you choose to help you make wise, informed decisions. Why choose us? We believe our customer service alone is outstanding! Many clients have complained about previous vendors that were so hard to contact and would not keep them informed. We have satisfied clients! Give us a chance to serve you and you will not be disappointed. Ask a sales representative for a test trial. We have every confidence that we will not let you down.
You can go to our home page and click on the "Get Started" link or click on the "Get Started" page from the tool bar at the top of our website. Send us your information via email and a representative will get in touch with you. Don't want to wait? Call our toll free number at 1-866-885-3980 and ask for a sales representative. We will be more than happy to help you.