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Can You Spot The Felon?  This blog consists of a number of case studies, pointing out the importance of implementing criminal background check services, in assisting you in keeping your employees safe in the workplace.

Global Criminal Statistics 

Statistics on various type of crimes...workplace, home invasion, murder, rape, etc.

PreEmployment Background Screening
Removing the Gray Area

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Sex Offender Registry

  
  
  

Dating Sites are in the headlines, for all the wrong reasons!

KTLA News
April 19, 2011

Match.com to Screen for Sex Offenders After Lawsuit

She wants Match.com to check members' names against public sex offender registries.

Read article:  http://www.wpix.com/news/ktla-match-dot-com-lawsuit,0,2064002.story

The Huffington Post, Los Angeles
4/14/2011

 Match.com Lawsuit:  Woman Sues Dating Site After Being Attacked 

Read article:  http://www.huffingtonpost.com/2011/04/14/matchcom-lawsuit-woman-su_n_849161.html

KTLA News
February 17, 2011

Jilted Man Brutally Stabs Woman He Met on Match.com

Wade Mitchell Ridley also suspect in murder of another ex-girlfriend.

Read article: http://www.wpix.com/news/ktla-jilted-match-dating-service,0,164733.story

KTLA News
April 7, 2011

Irvine Man Convicted of Raping Women He Met on Internet Dating Site

Joseph Raymond Garcia met two of his alleged victims on "Millionaire Match."

Read article:  http://www.ktla.com/news/landing/ktla-jilted-match-dating-service,0,5302027.story

KTLA News
November 11, 2009

Local Girl Held as Sex Slave by Man She Met on Internet

Read article:  http://www.ktla.com/news/landing/ktla-runaway-teen,0,1997311.story

Lesson:  Do not put your life in someone else's hands.  Take charge of your life.  Do your due diligence.  Go to a reputable Background Screening company, and conduct your own screening.  Even if the dating site says that they have conducted a Nationwide Background Screening on the individual.  A Nationwide Background Screening is a minimal search.  In addition to the Nationwide, you need to conduct a search in the state and county of residence.  The individual states and counties are not mandated to report criminal information to the Nationwide repository. 

These searches are very reasonably priced.

NationSearch.com
800-827-9550 

Nursing Homes - Medical Background Check

  
  
  

Over 90 percent of nursing homes hire criminals!

Excerpt from CBS Investigative Reportingmedical pre-employment screening

March 2, 2011

By investigative reporter Laura Strickler

More than 90 percent of nursing homes hired employees with criminal convictions according to a new government report obtained by CBS News.


Government investigators ran background checks on all workers who were employed on June 1, 2009 at 260 nursing homes across the country. The results showed 92 percent of the facilities hired at least one employee with a criminal conviction.


The report, by the Inspector General for Health and Human Services, also says that at nearly half of the nursing homes, "five or more individuals" with criminal backgrounds were hired.


Investigators found seven registered sex offenders employed in five different nursing homes. Overall 43 percent of the criminal convictions were for property crimes such as "burglary, shoplifting, writing bad checks."


Forty-three states require nursing homes to conduct some kind of criminal background check. But, only ten states require both a state and FBI background check that would detect convictions in multiple states.


Read the report

"On its face, it's shocking," said Janet Wells, director of public policy for the National Consumer Voice for Quality Long-Term Care. She added, "People move from state to state and they may have an abuse record at another health care facility, that's why we would prefer to see a national mandatory program."


The new Obama health care law created a national program for states to standardize federal and state background checks for nursing home employees who interact with residents, but state participation is optional. Ten states including Florida and Missouri have received federal funds to begin implementing the new program. The government picks up the cost of conducting background checks.


"There are still potentially dangerous gaps in the system used to determine who will be responsible for providing care for many people during vulnerable points in their lives," said AARP spokesman Jim Dau in a statement to CBS News. He added that while the new health care law is an improvement, "more should be done to build on this work."


According to the Inspector General's report, 98 percent of the nursing homes in the new report indicated they conducted some type of criminal background check.


Mark Parkinson, President and CEO of the nursing home industry association known as the American Health Care Association told CBS News in a statement that criminal databases are not always reliable.


"Because of the patchwork system of background checks and variation in what each state law considers a "relevant crime," employers trying to hire caregivers may not always know which applicants have records of abuse or criminal history as only specific, "relevant crimes" would bar

a potential applicant from employment in a facility," he wrote. Parkinson says the industry has been pushing for a national background check system for two decades.


"Background checks are essential," says Berkshire, Massachusetts District Attorney David Capeless who has filed charges against three employees for allegedly abusing patients in the last seven months at the local Springside Nursing Home managed by Pennsylvania-based Genesis Healthcare Corporation.


Capeless says nursing homes need to do a thorough reference check in addition to looking for criminal convictions.


"When you are dealing with this kind of close contact in a private setting with a vulnerable population you need to talk to a lot of other people. What do they know about this person, what kind of character do they have?" he said.


Genesis spokeswoman Jeanne Moore told CBS News that the company conducts background checks on all of its employees.


However, at least one employee accused of abuse at Springside Nursing Home reportedly had a criminal background prior to being hired.


A statement from Moore said the nursing home had cleared the employee prior to hiring but "criminal activity under a former name was not reflected in the background check required by Massachusetts law."


Experts say the top question to ask when looking into a nursing home is: "Do you do comprehensive fingerprint background screening?"


"If you are not looking across state lines you wouldn't pick up any criminal convictions," says Wells at The National Consumer Voice for Quality Long Term Care, "But you know, one of the problems we see are the cover up of crimes occurring in nursing homes and that is an overwhelming concern," she said.

 

Eviction Records

  
  
  

Exerpts taken from an article published by EvictionRecords...eviction records

 3 Reasons to do Tenant Screening – Protect, Protect and Protect

Boston, MA (Vocus/PRWEB) March 02, 2011 by Dan Adams, Online Tenant Screening

The number of individuals who rent apartments, condominiums and single family homes continues to rise.

A background check can provide protection from potentially risky tenants. The cost of a single bad tenant can be enormous, if one only considers the cost of eviction. Once a tenant occupies a residence it is a costly and time consuming process to get them out. But there are additional risks a property manager or landlord must consider. Fortunately, tenant screening is a viable and transparent activity that reduces the degree of risk one assumes when renting a property.

1. Protect Your Property
Malignant tenants may treat property with little respect or care. Expensive appliances could be damaged; carpet destroyed; fixtures vandalized: The list is extensive. The replacement or repair of a single appliance such as a dish washer or refrigerator is significant.

2. Protect Your Current Residents
Long-term renters take great care of the property they live in and provide protection for that asset. One bad tenant could potentially drive away these valued renters. It is the responsibility of the landlord to provide a continued safe environment for existing residents by checking the background of any new renters.

3. Protect Your Reputation
Landlords want to attract the most viable, long-term renters possible. If a property has a reputation for high turnover, the ability of a landlord to attract these tenants is reduced. The last thing a landlord wants is empty units. If a property has a reputation for allowing disruptive and destructive tenants, that property will be increasingly difficult to fill.

Landlords and property managers may feel that a tenant check is an unreasonable cost. However, if one considers the potential loss of property, current income from long-term residents and reputation, besides the possible cost of eviction, a tenant background check is a small price to pay.

 

The Adverse Action Notice

  
  
  

3 Rules For Employer’s Adverse Actionadverse action notice

Posted by irwanbee on August 21st, 2010
Court Rulings and Decisions
excerpts from this article)
http://courtdecisionsandrulings.com/3-rules-for-employers-adverse-action.html

Your Adverse Action Duties:

Employers face the prospect of an adverse action complaint when denying employment to an individual on the basis of a background check. As an employer, if you use employment screening to assess an individual’s suitability for employment and the process turns up information that would result in your decision not to hire the candidate; there are specific rules you must follow. Broadly defined, the Fair Credit Reporting Act says any decision that is adverse to the interests of the current or prospective employee is an adverse action. Employers who use outside employment screening services are bound by FCRA regulations concerning pre-adverse and adverse action notices.

These requirements are designed to promote fair standards for denial of employment on the basis of a background report.

According to the Federal Trade Commission, the Fair Credit Reporting Act is designed to “protect the privacy of consumer report information and to guarantee that the information supplied by consumer reporting agencies is as accurate as possible.” In 1997 amendments were made to the FCRA that bolstered the legal obligations of employers who use consumer reports. These increased employer responsibilities centered on a concern that inaccurate or incomplete consumer reports could cause applicants to be denied jobs or cause employees to be denied promotions unjustly. The amendments require that employers make individuals aware that consumer reports (criminal background checks, credit checks, employment verifications, etc.) may be used for employment purposes and they must agree to such use. Furthermore, the regulations state that individuals must be notified promptly if information found during the course of the background screening process may result in a negative employment decision.

Your duties under FCRA when using a third party consumer reporting agency, or background screening company, to conduct your employee background checks are as follows:

1. Provide written notice and gain authorization. Before you order an employment background check on a particular candidate, that individual must be notified in writing and the individual must agree to the background check via written authorization.


2. Provide a pre-adverse action notice. If you plan to take adverse action on the basis of your findings in the background report, you are required to provide pre-adverse action notification to the affected individual and offer a reasonable amount of time for the individual to respond.


3. Provide an adverse action notice. After you’ve decided not to hire someone because of a finding in their background check, you’ll need to provide oral or written notification that the action has taken place.

Verbal or written Adverse Action Notifications must include the following:

The name, address, and phone number of the CRA that supplied the report.
A statement that the agency that supplied the report did not make the decision to take the adverse action and cannot give specific reasons for it.
A notice of the individual’s right to dispute the accuracy or completeness of any information the agency furnished.
A notice of the individual’s right to an additional free consumer report from the agency upon request within 60 days.

All in all, which complying with these regulations may seem daunting, the effort is well worth the benefits a background screening program provides. When you take the time to check your employees’ pasts you’ll find yourself with a safer and more productive workforce that results in significant benefit to the organization as a whole.

Adverse Action Notice - Rules

  
  
  

3 Rules For Employer’s Adverse Action

Making Online Friends - The Need to Perform a Criminal Records Check

  
  
  

criminal background checkThe internet has become a very popular place to meet new people, especially given the economic squeeze on our finances, and the lack time available to go out and socialize….meet new people.  Plus, the internet gives you the ability to meet new friends and potential business associates, located across the globe.  Therefore, having the potential to open your world up to somewhat experience and share many different cultures.  Usually this networking and “internet socializing, or dating” is carried out by establishing yourself on social and business networking sites such as LinkedIn, Facebook, MySpace, Twitter, SinglesNet.com, PlentyOfFish.com, EHarmony, and many, many more.

These new acquaintances can turn into very interesting, life-long friends and/or associates.  That is, of course, if they are who they say they are.  Unfortunately, the internet also presents opportunity for deceit and falsification of information, or creation of a completely false identification, altogether.  Therefore, іt is essential that you approach thеse opportunities in a very responsible manner.

Do not give out personal information.  Keep your conversations very informal, relaxed, and somewhat generic.  Never give out your address, or leak any financial information.  If the individual seems to be attempting to get this information, cease communications.  But, what do you do when you get to the point that you want to take the online relationship to the next level, and meet in person?  How do you know you can trust the individual to be who they have been portraying themselves as?  What can you do to protect yourself, and obtain peace of mind, before taking the plunge?

Contact a Reputable Background Screening Company in your area.  Pricing is very reasonable, and they are the experts.  Performing one on your own, using the various free public records, may or may not give you the results you desire.  The problem with this is, you are more than likely unfamiliar with the “how to’s” of performing a comprehensive criminal records check…leaving yourself without the peace of mind of knowing you have performed a successful background screening, and obtained the information you were looking for.  After all, the information you will have to begin a criminal records check will probably be their first and last name, and the city and state they live in.  Otherwise, you will be asking them for the exact same information that you are unwilling to produce…likely make them leery of you!  You see, this works both ways.  

Connecting with new friends and associates online can be fun and exhilarating.  Make sure you proceed with caution, and do this safely.  Do not allow yourself to fall into a false sense of security, or be intimidated by unscrupulous online criminals who are using these same social networking and dating sites to further their criminal activities.  The concept of preventative maintenance can be applied to many aspects of your life, beyond just your vehicle and furnance.

NationSearch.com has 23 years experience in the criminal background check industry, and can offer you a variety of cost effective background screening services to meet your needs, and assist you in gaining peace of mind.

NationSearch.com

800-827-9550        

Substance Abuse Prevention

  
  
  

substance addiction

The prevention of drug abuse is one of the biggest health challenges facing the United States.  Research shows that prevention interventions not only work, but prevention is cost effective.  Data is now available for companies and individuals to make informed decisions as to what policies and procedures might work best for their workplace and/or home environment.

Following are excerpts taken regarding the issue of substance abuse in the workplace:

Survey/Source: Hazelden Foundation Research

Date: July 2007

This national survey of human resources professionals conducted by the nonprofit Hazelden Foundation found that while substance use and addiction are recognized as among the most serious problems faced in the workplace, employer policies and practices are not fully addressing the problem.

Key points from the survey include:

  • 67% of Human Resources (HR) professionals believe that drug addiction is one of the most serious issues that companies face - that addiction leads to absenteeism, reduced productivity and lack of trust between employees and management.
  • Two-thirds (67%) of HR professionals believe that access to an effective treatment program reduces overall health care costs for employers.
  • 92% of HR professionals agree than an effective treatment program increases employee productivity.  (end of excerpt)

One way of dealing with a workplace drug abuse issue is to give the employees the resources to assist in controlling their environment and claim ownership of the companies drug abuse policy.

The next step is to establish goals and procedures for implementing the policies and procedures. 

This does not need to be complicated.  It is far more effective if kept simple.

Education is paramount to the success of a drug prevention program.  It is very important that the employees know the facts about how substance abuse puts the business and the workforce at risk.  This is where the drug awareness meetings come in.  The employees learn about the physiological and psychological impact of drugs and alcohol.

Research confirms the fact that drug abusers cost American business billions of dollars a year...costs that all employees bear in one way or the other.  Sometimes, in causing company lay offs.

According to the National Institute on Drug Abuse, at least 66 percent of the nation's illicit drug users are employed. Studies show abusers are late to work three times more often than nonabusers, ask for time off at least twice as often, are absent two and one-half times as often or at least eight days, use three times the average amount of health-care benefits, file five times as many workers' compensation claims, and have accidents more than three and one-half times as often.

Often times a thorough background screening can reveal that an applicant has drug issues, either directly (drug screening), or indirectly...criminal history.

Background screenings are extremely inexpensive, especially when compared to the cost of bringing a drug abuser, and all that comes with them, into the workforce.

NationSearch.com is an industry leader in thorough, timely and cost effective background screenings.

www.NationSearch.com

800-827-9550 

   

 

 

Credit Screening - What is it used for when applying for a job?

  
  
  

fica score

Should Employers Check Job Applicants’ Credit History?

Source:  The Background Investigator

By Ruth Mantell

With the national unemployment rate at 9.6%, the U.S. Equal Employment Opportunity Commission is concerned about employers using job applicants’ credit history as a screening tool.

The commission met to hear testimony from various groups about employers’ practice of checking credit reports.

The meeting is part of a longer-term examination of barriers to employment.

“An ever increasing number of job applicants and workers are being exposed to employment screening tools, such as credit checks, that could unfairly exclude them from job opportunities,” said Jacqueline Berrien, chairwoman of the Equal Employment Opportunity Commission.

It’s legal for employers to obtain personal information about job seekers and workers, including consumer reports that measure credit worthiness. But some say using credit history as a screening tool has a disparate impact on some groups.

“Numerous studies have documented how, as a group, African Americans and Latinos have lower credit scores than whites,” said Chi Chi Wu of the National Consumer Law Center. “If credit scores are supposed to be an accurate translation of a consumer’s credit report and creditworthiness, that means these groups will fare worse when credit history is considered in employment.”

Democratic Rep. Luis Gutierrez of Illinois, chairman of the House Financial Services Subcommittee on Financial Institutions and Consumer Credit, said in a statement last month that there is the potential for a “subconscious bias” against those with more negative data in their reports.

“You simply cannot tell a person’s character, integrity or how well they will perform their job by looking at their credit report,” Gutierrez said. “The fact that someone has a credit report that is not superior to another job candidate does not make them less able to do the work at an office or a factory nor does it make them more or less likely to steal from their employer.”

The subcommittee recently held a hearing on a bill that would amend the Fair Credit Reporting Act to prohibit employers, with certain exclusions, from using a consumer report for hiring or firing if the report contains information about creditworthiness, credit standing, or credit capacity.

Worker advocates also voiced concern that consumer reports may not accurately reflect or predict whether a job seeker will succeed in the workplace. And some questioned whether credit checks should be used for workers outside of certain levels or functions.

Employers are required to let applicants know whether their credit report was used against them. The idea is to give applicants the opportunity to dispute any inaccuracies. But Wu said many employers are not making the necessary disclosures.

While using credit checks is a controversial practice, for some employers checks are essential. Take, for example, the federal government. The U.S. Office of Personnel Management investigates federal applicants, employees, and contractors, whether or not the position requires a security clearance.

According to OPM, “a search of the records of commercial credit reporting agencies is an integral part of almost all background investigations.”

According to a report from the Society for Human Resource Management, 13% of organizations conduct credit checks on all job candidates, 47% on some candidates, and 40% do not conduct credit checks at all.

SHRM said that “only specific credit information,” such as pending debt lawsuits and accounts in debt collection, are likely to affect employers’ decisions to extend a job offer. Finally, according to SHRM, employers “overwhelmingly” use credit checks at the end of the hiring process, not to screen out applicants up front.

“SHRM research shows that the top reasons why organizations conduct credit background checks are to limit theft and embezzlement in the workplace, reduce liability for negligent hiring, assess the overall trustworthiness of the job candidate, and comply with applicable state laws requiring a background check for particular positions,” according to SHRM testimony Wednesday.

Michael Eastman, executive director for labor law policy with the U.S. Chamber of Commerce, said employers use credit-history checks for employees with direct access to funds and sensitive information, such as workers in human-resource functions.

He added that it’s a “common misperception” that employers specifically consider credit scores when examining credit history.

“Simply put, I have found no employer that considers credit scores. It is my understanding that employers typically do not even receive credit scores as part of the credit report,” Eastman said.

“It is important to emphasize that the factors that would go into an employment decision based on a credit report can differ rather significantly from the factors that would go into a decision to lend credit,” he said. “A credit score of 550 or 700 may convey important information to potential lenders, but the number, standing by itself, is meaningless to employers.”

Background Checks for Employment - Testimony

  
  
  

public criminal records

Testimony by Christopher P. Reynolds on the Fair Credit Reporting Act

Release Date: 
June 17, 2003

 

Prepared Statement of Christopher P. Reynolds, Partner, Morgan, Lewis & Bockius on behalf of the U.S. Chamber of Commerce before Financial Institution and Consumer Credit Subcommittee of the Financial Services Committee United States House of Representatives

10:00 AM Hearing on "The Role of the Fair Credit Reporting Act in Employee Background Checks and the Collection of Medical Information".

The following are excerpts, from the hearing, pertaining to background checks for employment.

Both background checks and workplace investigations play a key role in employer efforts to protect employees, customers, stockholders and the public at large from workplace violence, harassment, financial misdeeds and other dangerous and unlawful acts. While FCRA does not affect every background check or investigation, it does affect many. Specifically, when employers hire experienced and objective third parties to conduct background checks and workplace investigations, as is often practical or necessary for them to do, the background check, and arguably the workplace investigation, must comply with FCRA's numerous notice and disclosure requirements. This is the case even though the check or investigation may have nothing to do with the individual's credit or credit worthiness.

Background Checks 

Background checks are an essential employment-screening tool and, increasingly, both the public and the government are demanding that employers expand use of background checks to enhance workplace security. If you are to make any changes to FCRA that would impact background checks, we recommend it be one that removes impediments FCRA poses to obtaining background checks on contract workers.

Background Checks and Workplace Security

Employers use information gathered from background checks to help screen out individuals who may pose a danger to the workplace or who may be inappropriate for certain jobs. For example, an employer may not want to hire an individual who has multiple recent drunk driving convictions as a school bus driver, or a person with a history of embezzlement as a bookkeeper.

A typical background check contains a review of an individual's criminal history, and sometimes other information pertinent to employment, such as verification of educational or professional credentials or prior work history. For certain positions, such as one where the individual will be responsible for large sums of money, the background check may also include a review of the candidate's credit history.

Available evidence suggests that background checks are effective at revealing information relevant to employment eligibility that the employer may not find elsewhere. For example, an Internet-based screening company, found that at least 24 percent of the 1.8 million applicants it screened in 2000 submitted information that was misleading or negative and 6 percent of the background checks revealed a criminal history. Similarly, in 1998, the Society for Human Resource Management (SHRM) released survey results showing that 45 percent of the employers that conducted background checks at one point or another found an applicant had lied about criminal records.

In addition, at least with regard to criminal activity, statistics show that past criminal behavior can be predictive of future criminal behavior. In 2002 the Bureau of Justice Statistics reported on prisoners released in 1994. The report revealed that 81.4 percent of the prisoners had convictions prior to the one for which they had just served time and, within three years of release, 46.9 percent were convicted of a new offense.

Anecdotal evidence demonstrating the importance of background checks is also readily available. While there are many examples, the case of Ernesto Forero-Orjuela is particularly interesting. Authorities suspected that Forero-Orjuela was a high-level figure in one of the world's largest drug cartels, and Maryland had charged him with the 1991 murder of a Baltimore businessman. He had eluded federal authorities, however, for six years, until he was fingerprinted and had a background check as part of his employment application at Merrill Lynch.

The Public and the Government Demand Increased Use of Background Checks

Since the tragic events of September 11, growing concerns over workplace security has fueled an increased public and government demand for use of background checks as an employment-screening tool. In fact, last year, Harris Interactive reported that, according to a recent poll, 53% of employees want employers to conduct more detailed background checks. Other studies have yielded similar results. 

Many states also have enacted their own laws requiring employers in childcare, or similar industries, to conduct background checks on prospective employees. Even where there are no explicit requirements to conduct a background check, some states implicitly encourage employers to conduct background checks by permitting negligent hiring suits. In these suits, courts may hold an employer liable for an employee's tortious actions, if the employer did not meet a certain standard of care in selecting the employee, including failing to conduct a background check or not conducting the background check thoroughly.

It is clear from these legislative efforts that many in Congress, as well as those in the state legislative bodies and courts, endorse greater use of employee background checks as a tool for increasing safety and security.

http://www.Nationsearch.com

We effectively remove the gray area from your hiring decision by giving you the background screening information required to assist in the hiring process. 

Choosing the wrong Background Screening Company can be detrimental!

  
  
  

background screening companyWhen you are choosing a Background Screening Company for your preemployment screenings, you should be looking for accurate and comprehensive, quick, and competitive pricing....in that order.

If you don't have an accurate, exhaustive search, you are wasting your money.  If the search cannot be completed in a very short amount of time, your needs aren't being met...you are simply on hold, and at the mercy of your screening company.  I don't think so!!  Who has a week or two to wait for results when you are trying to get a position filled?  You want to get that position filled, and begin the arduous task of training, as soon as possible.  Most people have enough on their plates without the additional headache of hiring and training a new employee.

I'll give you an example.  NationSearch.com performs preemployment background checks all day long.  That's what we do.  A long-time client decided that they could save some money by combining their background screening services, with a company that was performing another service for them.  Thus, eliminating an extra vendor, and hopefully saving some money.  The problem they soon found themselves in was the results from their requested background checking were taking far longer than they should, and certainly far longer than the client had been used to when using NationSearch.com services.

This situation was caused because the company who's service the client had decided to combine with did not do background screenings as their core business.  Background screenings are a side business for them.

The client found themselves coming back to NationSearch.com on a fairly regular basis, because the requested screening was, at times, taking a week or longer to provide results.

For example, the client was hiring for a position that they, of course, needed to fill right away.  After 5 days of waiting for the results from their current background screening provider, the client came to us and requested the identical search.  NationSearch.com had the results back to them within 30 minutes of the request.

The applicant had numerous criminal activities listed in court documents, ranging from DUI, to burglary, to assault and harassment, and domestic violence, among others.  According to the address/SSN trace, this applicant's entire history had taken place in one state.  Therefore, this was a very simple, non-complicated search, and had no valid reason to take more than a very small amount of time to complete and get to the client.

While shopping for a reputable Background Screening Company, you would be advised to make sure that background screening is the companies core business.

http://www.NationSearch.com  

 

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credit screening

An Ounce of Prevention

There are many ways in which an unsuitable employee or vendor might cost your company thousands of dollars, that potentially could have been prevented.


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