COMMONLY ASKED QUESTIONS
How common are pre-employment background checks?
The convergence of the post-9/11 security concerns and the online data revolution expanded access to reliable background checks beyond large corporations. Today, nearly 80% of all employers, big and small, perform some form of pre-employment background check on job applicants.
Pre-employment background checks must be conducted carefully and in compliance with privacy laws and regulations. This information, such as bankruptcies, workers’ compensation claims and some criminal records data, are a matter of public record, while things like a credit history check require an applicant’s written consent, per the Fair Credit Reporting Act.
It varies depending on your industry and the specific requirements of the job. For example, will the candidate be handling cash transactions or managing cash assets? The typical background check is meant to verify whether or not the applicant is being truthful about not/having a criminal record, their education and employment history. Criminal record searches and reference checks are the most common background checks, though Reliantcy highly recommends these common checks with Social Security Number Traces as well as credit history checks.
It all depends on how much breadth and depth is desired in a background check. Reliantcy delivers the most robust, accurate criminal record background checks available. Depending on the complexity of the screening, the cost for such a check can range from under $50 to several hundreds of dollars. If you perform a large number of background checks regularly, integrating a Reliantcy screening solution into your applicant tracking system or talent management system is likely the best, most cost-effective option.
Yes. Certain state laws and the Fair Credit Reporting Act, a federal law that regulates who is permitted to access your consumer report information and how it can be used, generally require that you must obtain written or electronic consent from the job applicant prior to a third-party screening company like Reliantcy to conduct any criminal record search, credit history check or reference check.
Again, this depends on the breadth and depth of the background check as well as the goals of your organization. For most employers Reliantcy works with, courthouse criminal records search in the counties where an applicant has resided in the past seven to 10 years. This is a standard best practice. Many employers choose to supplement this standard background check with searches of various databases, including the sex offender registry, government sanctions lists, motor vehicle records and others. The more comprehensive a background check is, the more accurate and reliable the results will be.
The basis of any Reliantcy screening is a county history search. We highly recommend combining this service with a Social Security Number Trace to get the most comprehensive and complete results via our Complete Criminal Record Locator.
That’s a question best left up to your legal counsel. There is much variation between various state and industry laws. However, your industry and job requirements will likely give you a good starting point.
For instance, requiring a motor vehicle records check and/or drug testing is likely appropriate for any employee in charge of operating machinery or driving a company vehicle. If an employee is handling cash or managing cash assets, a credit history check may be appropriate. Volunteer organizations should consider sex offender registry searches. And so on.
No matter what, your first call should be to your legal advisor for input on which types of background checks are appropriate for your organization.
Reliantcy verifies an applicant’s employment history, including previous job titles and job descriptions, as well as start and end dates. Our highly trained team of verification experts contacts former employers to manually verify information and the accuracy of a candidate’s application. Reliantcy also provides in-depth education history verification and professional licensure and certification checks to ensure all details on a candidate’s resume are true and complete.
That’s a question best left up to your legal counsel. There is much variation between various state and industry laws. However, your industry and job requirements will likely give you a good starting point.
There is much variation between various state and industry laws. However, your industry and job requirements will likely give you a good starting point.
At Reliantcy, compliance is our expertise. Our background checks comply with federal and state background screening laws, and our compliance team stays on top of each state’s current legislative and regulatory changes. Reliantcy’ automated screening technology also applies relevant content filters based on the state and federal laws. In addition, Reliantcy provides regular updates on state legislation, as well as hosts employment screening webinars (with recertification credits).
We commonly use the term “Turn Around Time” to describe how long a background check takes. The times vary significantly based on the types of searches conducted in the check and on the company that provides them. Reliantcy can proudly claim the fastest turnaround times in the industry for county courthouse records – the most common background check.
While all specimen types have their advantages, urine testing is by far the most common, flexible and customizable. With so many combinations of illicit drugs available for testing, with urine testing there is a panel option for almost any testing reason.
Alternatives include point-of-collection and testing methodology options as well as testing specimens beyond urine—oral fluids or hair. These alternative methodologies/specimens have opened a multitude of program possibilities for employers. These alternatives can enhance employers’ efforts to ensure a drug free workplace by making it more difficult for applicants and employees to subvert the process during specimen collection. They are also viable, logistically attractive, and cost-effective program solutions available now. An employer’s practical and logistical considerations often drive an organization’s selection of alternative methodologies—offering a number of convenient and cost-effective testing options.
The use of lab based oral fluids tests is widely accepted under state law and has become a very popular and effective solution for many employers. This methodology detects the SAMHSA five drugs and offers some extended panel testing, identifies recent usage, permits a donor to collect their own specimen under direct visual supervision, and requires no special collection facilities.
The impact of alcohol abuse within the workplace is far-reaching and should be considered by every employer, since it has been linked with increases in employee tardiness, absenteeism, sickness, workplace injuries, reduced productivity and lower employee morale. Alcohol testing is an effective screening strategy for identifying alcohol abuse in the workplace and mitigating its many negative effects.
It is possible to test for recent alcohol consumption by analysis of an individual’s breath, blood or oral fluid.
Rapid results are available within minutes. But usually lab-based drug screening from start to finish(collection to result receipt) typically takes 24 – 48 hours.
Reliantcy offers hundreds of different panel configurations and cut off levels which can be customized to your needs.
Yes, Reliantcy will coordinate onsite testing for hiring or random events from start to finish.
An MRO is a licensed medical doctor (MD) or doctor of osteopathic medicine (DO) with specialized knowledge in the medical use of prescription drugs and the pharmacology and toxicology of illicit drugs. MROs have expertise in the areas of controlled substance use, abuse, testing and rehabilitation.
Random testing is performed on an unannounced, unpredictable basis on employees whose identifying information such as Social Security number (SSN) or employee number have been placed in a testing pool from which a scientifically arbitrary selection is made. This selection is computer generated to ensure that it is indeed random and that each person in the workforce population has an equal chance of being selected for testing, regardless of whether that person was recently tested or not. Once an individual is selected for testing, the person is notified and must immediately report for a drug test. Since this type of testing has no advance notice, it serves as a deterrent.
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COMMON TERMINOLOGY
A
Adjudication:
The ability to automate a judgment based on background screening outcome. This judgment often results in “meets requirements” or “does not meet requirements” outcome. Once adjudication takes place automatic distribution and/or adverse action can occur.
Adjudicated Guilty – Conviction:
The defendant has been found guilty of the charges.
Adjudication Withheld – Non-Conviction:
The court does not give a final judgment regarding the case. The defendant is given probation, a program or community service in which they have a specified amount of time to complete. If the defendant complies, the case may be dismissed, depending on the county/state. If they do not dismiss in that particular county / state, then the disposition remains adjudication withheld and the case is closed. However, if the defendant is found in violation, the case disposition may be changed and the defendant can be found guilty.
Adulterated Specimen:
A specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine.
Applicant Tracking System (ATS):
Any system, whether in paper or software form, that manages both an organization’s job posting and data collection (i.e., resume/applications) process to efficiently match prospective candidates to the proper positions.
ARD Program – Non-Conviction:
Mostly found in the state of Pennsylvania, this stands for “Accelerated Rehabilitative Disposition Program.” This program is given to the defendant in place of adjudication. If the defendant completes the program, the case is closed.
B
Bail / Bon Forfeiture – Non-Conviction:
The charges against the defendant are dropped. Not enough evidence to convict.
Blind Specimen – Blind Performance Test Specimen:
A specimen submitted to a laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from an employee specimen.
C
Cancelled Test:
A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which otherwise requires to be cancelled. A cancelled test is neither a positive nor a negative test.
Chain Of Custody:
The procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF).
Collection Site:
A place selected by the employer where employees present themselves for the purpose of providing a urine specimen for a drug test.
Conditional Discharge – Non-Conviction:
The defendant has no finding of guilt. The court is discharging him/her from trial on special conditions that they must follow. If they do not abide by these conditions, the discharge may be revoked and the finding may become guilty.
Confirmation (Confirmatory) Drug Test:
A second analytical procedure performed on a urine specimen to identify and quantify the presence of a specific drug or drug metabolite.
Confirmation (Confirmatory) Validity Test:
A second test performed on a urine specimen to further support a validity test result.
Confirmed Drug Test:
A confirmation test result received by an MRO from a laboratory.
Consent Decree – Conviction:
This is found in New Mexico. It is designed as a disposition for juvenile cases in which the defendant pleads guilty and is placed on the decree / probation for six months.
Consortium/ Third-Party Administrator (C/TPA):
A service agent that provides or coordinates the provision of a variety of drug and alcohol testing services to employers. C/TPAs typically perform administrative tasks concerning the operation of the employers’ drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing programs of its members.
Consumer Reporting Agency (CRA):
A bureau that gathers and provides information about individuals – such as if they pay their bills on time or have filed bankruptcy – to creditors, employers, and landlords. Companies that perform pre-employment screening services are also considered CRAs and are governed by the FCRA, as are the employers that use background screening services.
Cost-Per-Hire:
A common measure used in human resources to evaluate the average costs incurred in recruiting and hiring new employees. Generally the equation is total recruitment costs divided by total number of new hires. Typical components of this measure include relocation costs, advertising/job board fees, interviewing expenses, referral bonuses, recruitment staff compensation, skills assessment and pre-employment screening.
D
Dead Docket – Non-Conviction:
Often seen in Fulton, Georgia, there is not enough evidence that shows the defendant is guilty or that he is innocent. The case is set aside. If not brought back up, case is closed.
Deferred Adjudication/Judgment – Non-Conviction:
The defendant has no finding of guilt. The judgment is set-aside for a deferred amount of time and the defendant must comply with any conditions given to him / her. The case can be dismissed depending on the county / state if the defendant completes all requirements.
Dilute Specimen:
A specimen with creatinine and specific gravity values that are lower than expected for human urine.
E
Equal Employment Opportunity (EEO):
A system of employment practices regulated by the EEOC under which individuals are not excluded from any participation, advancement, or benefits due to race, color, religion, sex, national origin, or any other action that cannot lawfully be the basis for employment actions.
Equal Employment Opportunity Commission (EEOC):
The federal agency responsible for administration of several statutes that prohibit discrimination; has power to subpoena witnesses, issue guidelines that have the force of law, render decisions, provide technical assistance to employers, and provide legal assistance to complainants.
eRecruiting:
Recruiting methods that take place via the Internet.
Extended Workforce:
The portion of a company’s workforce made up of temporary employees, vendor employees and independent contractors.
F
Fair Credit Reporting Act (FCRA):
The FCRA is designed to protect individuals, by promoting accuracy, fairness, and privacy of information in the files of every Consumer Reporting Agency (CRA). Companies that perform pre-employment screening services are governed by the FCRA, as are the employers that use background screening services.
Form I9:
Federal form required of all appointees to verify their U.S. citizenship, or if they are aliens, their eligibility for employment in accordance with the Immigration and Naturalization Act of 1986.
Fugitive File – The Case Has Not Been To Trial:
Found in Virginia. The same as Returned Un-served below.
G
Guilty In Absentia – Conviction:
The jury has found the defendant guilty without them having appeared in court.
H
HR-XML:
An operating language established by voluntary members of the human resources community who agree to use common definitions to facilitate automated exchange of all HR-related data between organizations. HireRight is a founding member of the HR-XML Consortium.
Human Resource Management Systems (HRMS), aka Human Resource Information Systems (HRIS):
Software-based systems that manage all or a part of the human resources function of an organization. Typical functionality includes employment demographics, benefits/compensation management, training, payroll and reporting.
I
Ignored – Non-Conviction:
The case never went to trial. It was ignored by the state.
M
Management Reports:
Reports designed to reflect pre-screening report activity. An example is a report that displays turnaround time for reports and types of reports ordered. This is different from the pre-employment screening report, which displays information specific to the individual candidate.
Medical Review Officer (MRO):
A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results.
Misdemeanor Intervention Program – Non-Conviction:
A program designated only for misdemeanor offenses in which the defendant may comply to the conditions of the program in order to avoid conviction.
N
No Papered – Non-Conviction:
The paperwork was never sent to the court by the District Attorney and the case was never filed. Therefore, it was never brought to trial.
Nolle Prosse – Non-Conviction:
Latin for “Not Prosecuted.” This means there was not enough evidence to convict the defendant. The case is dropped.
Nolo Contendre – Conviction:
Latin for “No Contest.” The defendant has pled no contest to the charges against him or her, therefore the court finds them guilty.
Non-Adjudication Of Guilt – Non-Conviction:
Same as adjudication withheld.
O
Other – Non-Conviction:
Defendant is given special provisions for one year to abide by since this is a first offense. If no further violation of the same nature occurs, case is closed.
P
Prayer For Judgment – Non-Conviction:
Often seen in North Carolina, it falls under deferred prosecution, meaning the state did not prosecute. For example, with worthless checks it gives the defendant a chance to pay the check before being charged.
Pre-Employment Screening:
Pre-employment screening services can include background screening, drug screening, skills assessment and behavioral assessment. A thorough background screen verifies important factual information about a prospective employee (i.e. identity, employment history, education credentials). It also helps gain critical information about an applicant’s character and past history that isn’t always apparent in an interview or application, such as criminal history, credit history, and driving record.
Pre-Integrated:
A term used for integrated software solutions that have been jointly developed, built, tested and proven prior to being released to the public.
Pre-Trial Intervention/Diversion – Non-Conviction:
A program the defendant is placed in before going to trial. If the defendant complies prior to trial time, the trial will not be held for the charge and the defendant is not convicted.
Primary Specimen:
In drug testing, the urine specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system; and for the purpose of validity testing. The primary specimen is distinguished from the split specimen, defined in this section.
Process Other – Non-Conviction:
Defendant was not charged on this count due to being charged for another count.
R
Rejected – Non-Conviction:
The case never went to trial. The state rejected the hearing of the case.
Responsible – Non-Conviction:
The defendant is responsible for the payment of the fines or fees of the crime. They are not found in guilt, however, must pay what they are ordered. Often found on traffic tickets or minor violation.
Returned Un-Served:
Found in North Carolina. The case has not been to trial at this time. A warrant, summons or paper from the district attorney’s office was issued for delivery to the defendant to appear for trial; however, the defendant could not be located. Therefore, the case is technically pending; however, the paperwork was never served.
S
Split Specimen:
In drug testing, a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result.
SSL (Secure Sockets Layer) Encryption:
A protocol designed to provide secure encrypted communication over the Internet.
Stet Docket – Non-Conviction:
Will not prosecute at this time. Eligible to be re-opened for one year if a violation is committed during that time. After the one-year period and no violations have been committed, it cannot be re-opened and the case is closed.
Stricken Off Leave – Non-Conviction:
Often seen in Illinois, the case has been stricken off docket with the ability to reinstate at a later date if deemed that the case can be prosecuted. This is often because the prosecutors run out of time to prosecute.
Substituted Specimen:
A specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine.
T
Time-To-Hire:
A common measure used in human resources to evaluate the average amount of time it takes to fill an open position. This is normally measured from the point the job request is submitted by the hiring manager to the point the new employee walks in the door.
V
Verified Test:
A drug test result or validity testing result from an HHS-certified laboratory that has undergone review and final determination by the MRO.
W
Waived – Conviction:
Mainly found in the state of North Carolina. This means the defendant has waived his / her right to trial and has pled guilty to the charges. In turn, the court accepts the plea of guilty.