Archive for the ‘Pre-Employment’ Category



Accuracy & Use of Public Information

Posted on: August 24th, 2017 by admin

Did you know that much of the criminal arrest information is not allowed to be used for employment purposes? An arrest, or multiples, with dispositions of not guilty, dismissed or withdrawn are not allowed to be used by or reported to a potential employer. This includes full time, part time, contractors and volunteers.

Even use of criminal convictions often have limitations – many civil service (federal & state) rules require the employer to consider such factors as the age at the time, how long ago it occurred, how one has been rehabilitated and the crime’s relation to the job applied for. (Vandalism as a teen doesn’t mean theft as an adult)

More states and federal agencies are considering limiting what offenses are reportable. However, the major issue has always been if you lie and get caught – you’ve then committed fraud on the application. This is enough to be removed from a civil service list or a private employer’s consideration.

To further complicate the use of “public records”, many repositories (Federal, State, and County Agencies) have been removing personal identifiers (date of birth, social security number and home address). This lack of data makes it very difficult to “verify” who the record really belongs to. The number of people in the United States with the same name and date of birth is staggering. Many of these have lived in the same area, at least at some point.

The access to public records through the internet has both citizens and businesses looking up every type of data one can imagine. Often it’s exciting, even shocking, to see the results of your search. When a photo, address or other identifiers are present, it may be easy to know it’s your target. Without clear evidence, you may have someone else.

Two cautions are warranted. The first is the true identity of the party. The second is the use of the information. While anyone is entitled to “public records”, there are strict rules governing its use for employment, insurance, licensing, volunteers and credit to list a few.

Before you make statements or accusations, much less use derogatory data, make sure you are accurate and legal. www.ftc.gov & FCRA websites detail allowance use and purposes.

Do you know why a Social Security Trace is the backbone of Background Screenings?

Posted on: August 23rd, 2017 by admin

What is a Social Security Trace and why is it important for a complete Background Screening?

The Social Security Trace is a fundamental tool and helps verify that your job applicants are who they say they are and safeguards that you are not the victim of a deceitful applicant who may have something to hide.

Each of component of a background screening contributes one puzzle piece to an applicant’s history. But how does an employer know where to look for criminal records or under what names to search? Without a Social Security Trace, this information would be provided by the applicant on an employment application. That means searching for critical information about the applicant relies solely on that person’s full disclosure.

When an applicant wants the employer to verify their educational achievements or favorable work history, it is in their best interest to give the employer complete and accurate information to search. But what if the applicant has something to hide? This is where the Social Security Trace comes into play . . .

What is a Social Trace?

The Social Security Trace is a search based on the social security number submitted by the applicant. Adam Safeguard’s Social Security Trace uses a database complied from hundreds of different sources – including credit headers. This does not mean a credit check is being run and credit header information is not the equivalent of a credit report. Some other sources include US Postal Service, utility bill records, voter’s registration records and other similar sources. The information returned on a Social Security Trace are all names, including aliases, dates of birth and all address history associated with that SSN. The Social Security Trace serves as a locator tool to establish likely jurisdictions to search for criminal history.

The Social Security Trace may also provide the state of issue and time frame of issue along with if the number has been used to file a death claim. If the SSN was issued after June of 2011, unassigned numbers were placed in a pool and are now assigned randomly so we are no longer able to track the state of issue on these newer issued numbers.

Social Trace is not without its flaws . . .

The records obtained can include information that is incorrect or belongs to another person as some of the information obtained relies on accurate data entry and should never be used by itself as the basis to make an employment decision; however, the records are extremely helpful to develop locations to be searched for criminal history.

Because consumer information is entered and compiled countless times from various consumer databases, inaccuracies such as typos, transposed digits, misspellings, are not uncommon. Additionally, the following scenarios must be considered in reviewing the contents of a social trace.

• Names of other individuals such as parents, spouses, family members may appear on the social trace if they have ever co-signed for the applicant or if the two individuals’ names appear together on an application for credit.
• The names and DOBs of both father and son may appear on the same social trace for men who are second, third, etc. generation and bear the same name (e.g. John Jones II & John Jones III)

Sometimes, an SSN will not return any results on a social trace due to:

• The applicant’s limited credit history, often a result of their young age and absence of credit history
• The applicant’s limited credit history if s/he was only recently assigned a social security number
• Data entry error by the client
• Reporting error by the applicant
• Fraud by the applicant

In the interest of ensuring a proper and complete background screening, Adam Safeguard provides the following service:

• If the Social Security Number is flagged by our data system, which means that the SSN doesn’t match the subject name:

o Adam Safeguard will check the social security number provided by your Applicant directly with the Social Security Administration

 If SSA validates the number (based upon name and date of birth match) we will note the information in the data platform and clear the Trace.
• Adam Safeguard will supply you with information that can be provided to the Applicant to help find out why the discrepancies appeared

 If the SSA cannot verify the name associated with the provided SSN, the search will Fail and Social Security Trace will be flagged, which will indicate to you that the number provided DOES NOT match the subject and; therefore, the entire Background Check is not valid as it was completed with false information.

Do you know that New Jersey has a “Ban the Box” rule?

Posted on: June 19th, 2017 by admin

On August 11, 2014, New Jersey joined the growing number of jurisdictions banning the box on job applications that require job applicants to disclose criminal history information. This new legislation, the Opportunity to Compete Act (the “Act”), is designed to give individuals who have “paid their debts to society” a fresh start with regard to opportunities for employment. The Act became effective on March 1, 2015, but there are many employers who are not aware of this law that affects them.

The Act, which applies to employers with 15 or more employees who do business, employ people or take applications for employment in New Jersey, prohibits employers from doing the following:

• You cannot post job advertisements indicating that persons who have been arrested or convicted of a crime will not be considered for employment
• Your job application cannot require disclosure of any criminal history.

This “Ban the Box’ legislature only pertains to the initial employment process, which includes both the job application and the first interview of the job applicant. However, an Employer is not prohibited from running a criminal background check on an applicant and advising them of this process after the first interview and a signed Released has been obtained.

In the following limited circumstances, the Act allows employers to request criminal history information before the first interview:

• If an applicant brings up his or her criminal history during the initial application process, the employer may make a limited inquiry regarding only the criminal history that the applicant disclosed;
• Where the applicant is being considered for a position in law enforcement, corrections, the judiciary, homeland security or emergency management;
• Where the applicant is being considered for a position where a criminal background check is required by law, rule or regulation;
• Where the applicant may be legally precluded from holding the position by virtue of his or her criminal background; and
• Where any law, rule or regulation restricts an employer’s ability to engage in specified business activities based on the criminal records of its employees.
• Employers who violate the Act may be subject to civil penalties for noncompliance. A first violation carries a fine of $1,000; a second violation $5,000; and each subsequent violation $10,000.