We receive many inquires surrounding criminal records, availability and accessibility. Below is a brief explanation of US criminal records.

If applicant Smith was arrested and charged with a criminal offense in Cook County Illinois,
the records for the case (disposition/closed case) would be recorded at the county level where the charge originated and then sent to state repository.
If applicant Smith was charged on the local level (local ordinance) the records would be maintained at the local jurisdiction where the offense took place (i.e. City of Chicago) .
If applicant Smith was charged with a federal crime, the case/disposition would be recorded at the federal district court (USA vs. Smith).
The federal records are usually stored for 5-6 yrs and then sent to the (FRC) Federal Records Center. After 20 years,
the records are transferred from the (FRC) to the (NARA) National Archives and Records Administration.
Each federal US district has its own transfer cycle and may differ from listed.

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Employer, ________________________________________ policy is to develop trust and foster an honest working relationship between the employee and employer.
From time to time, _________________________________ (employer) has the discretion to record (video/audio) the workplace environment.
Employer may commence the audio/video recording at any time during the employment without notifying the employee.

The purpose of this policy is to promote trust and an open working environment while keeping the safety and security of the family paramount.

AGREED AND ACCEPTED BY:

Date: _______________

Employee: _____________________________________________________________

Date:________________

Employer:______________________________________________________________

Education Verifications

Student Clearinghouse www.studentclearinghouse.org

Prior to the student clearinghouse simply calling the registrars office and faxing a release would be sufficient to verify an applicant’s degree or attendance.
By calling the registrar’s office they may direct you to the automated service. Now a significant number of colleges use the Student Clearinghouse for these verifications.
Establish an account with the service if you conduct this type of verification. For a list of participating institutions see their website.
It is estimated 90% of all schools will be using this service within the next year.

Name and a Credit Card? How would you like a college degree?

How to detect a fraudulent degree

Educational fraud and resume fraud has increased in the last several years. Applicants are purchasing diplomas on the internet from diploma mills at alarming rates.
Here are some quick tips to spot a fraudulent degree:

Online schools, also known as distance learning programs, can be a great way to get a college education because of their flexibility.
However, students can learn an expensive lesson if they sign up with the wrong online school. Some online “schools”, known as diploma mills,
provide a degree for something called “life experience” as the main criteria for their academic achievements.
While certainly important life experience” should not be equivalent to 120 college credit hours of study for a bachelorette degree.

What is a diploma mill?

*A diploma mill is an online or distance education school that charges a fee to the student and in return the student is issued a paper degree.
Some diploma mills do provide academic courses but have very low standards for their students and provide minimal educational value.
We have witnessed some mills just requiring a name and a credit card for a degree. Common Question: What differentiates a diploma mill from a legitimate school?

One word: ACCREDITATION

In the US a major difference will be that a diploma mill school will not be accredited by an accrediting agency recognized by the US Department of Education or the Council
for Higher Education Accreditation while almost all legitimate schools will be. Since accreditation means that the school has been evaluated by a recognized accreditation
agency and has met the agency’s quality standards, employers and other schools can be assured that the student has received a quality education.

Students with a degree from a school without accreditation might not be considered for jobs or graduate school and might not be allowed to transfer credits to another school. Additionally,
a school cannot offer federal or state financial aid if it is not accredited. Learn more about accreditation by reading a relevant article:
“College Accreditation: What It Is And Why It Is Important”.

How else can diploma mills be identified?

By validating a school’s accreditation, a person can be sure the school is not a diploma mill. It cannot be assumed that a school is legitimately
accredited because they have an official-sounding accreditation agency listed on their website. The U.S. Department of Education’s database and the Council
for Higher Education Accreditation database, which list all legitimately accredited schools, should be checked.

By validating a school’s accreditation, a person can be sure the school is not a diploma mill. It cannot be assumed that a school is legitimately accredited because they have an
official-sounding accreditation agency listed on their website.

The U.S. Department of Education’s database and the

Council for Higher Education Accreditation database, which list all legitimately accredited schools.

Tips for Detecting Diploma Mills

• Accreditation is not recognized – US schools claiming accreditation from agencies that are not recognized by the US Department of Education or the Council
  for Higher Education should be viewed with a high level of suspicion for being a diploma mill.
• Dates on applicants’ resume do not coincide with attendance- Check the date ranges to verify attendance.
• Famous or similar sounding names… – A school with a name that is similar to an actual, well-known institution can be a clue that the school is a diploma mill.
• Don’t assume “.edu” means the school is legitimate – Although only accredited schools are able to obtain an “.edu” website now,
  there are still some diploma mill websites that obtained one before this limitation went into effect.

Cite: *BrainTrack

Social Security Numbers

Most applicants’ know they have to provide a social security number to an employer. The number is required because this is how the IRS will track payments and income.
Some applicants may transpose a number in an attempt to deceive their employer.
In order to check the validity of a ss# number go to http://www.ssnvalidator.com/.

This source will provide whether or not the number has been issued, the date of issue and the state.
From there you must also check to see what the applicant’s address history is based on the provided number. Which brings us to the next search the social security trace.

What is a social security trace and credit report?

A social security trace is a report that will return all current and reported addresses for the last 7 to 10 years on a specific individual based on his or her social security number.
If there are alternate names (aliases or also known as [AKA] these are reported also.
Depending on your need this information it is usually available through subscription with an online service which provides SS# traces.
Any pre-employment screening company should have access to all three sources of information and achieved data.
Use caution though as the searches vary in scope and accuracy. Most of the online “instant” search or “locate” services have purchased the
archived address data from one of the major credit bureaus and offer the information to anyone with few dollars.
If the company that you use provides this data to anyone with a credit card it would be wise to partner with a company that restricts their data to users with a permissible purpose.
While it is still being sold on the open market it is definitely an area where future legislation will restrict it

The original source data for all SS# traces comes from the three credit bureaus and other private data. To obtain a full consumer credit report for pre-employment purposes
employers must be operating from a commercial address along with a business license. These restrictions are a result of the tightening of access by the
credit bureaus to prevent fraud and identity theft. If the private family employer is unable to qualify for a full credit report families may consider asking the
applicant to provide a report with their signed release especially if the employee will have access to a spending account or petty cash.

How do I read (interpret) the SSN trace report?

The SSN trace report is derived from credit bureau records and usually follows a standard format however there are variations based on the provider.
The sources include applicant provided information such as applications for utilities (telephone, electric), credit checks for loans and/or credit cards,
and qualification for rental agreements. Below please find an example.

FN- MONICA COMPO

SSN ISSUED 1982; IL

Abbreviations are often associated with the results. They are:
CA = current address
FA = former address
FN = former name

A family or agency doing a background check on Ms. Quinn above, in order to do a thorough job, would be advised to order criminal checks in Los Angeles, Alameda, and San Francisco counties.
A search in any one of these jurisdictions would not necessarily return any criminal activity that occurred in the others. Additionally, there appears to an alias or FN former name
(Compo) with a state of Illinois as the state where the SS was issued. These clues should lead you to further investigate the applicant’s history. This illustrates the importance of
the SSN trace to determine where the individual may have resided, worked or gone to school in the last 7 years.

SS# format XXX XX XXXX

The first three digits of a social security number designate the state of issuance. The chart on the next page will further explain the format:

Update 2011: The Social Security Administration (SSA) is changing the way Social Security Numbers (SSNs) are issued. This change is referred to as “randomization.”
The SSA is developing this new method to help protect the integrity of the SSN. SSN Randomization will also extend the longevity of the nine-digit SSN nationwide.

The SSA began assigning the nine-digit SSN in 1936 for the purpose of tracking workers’ earnings over the course of their lifetimes to pay benefits. Since its inception,
the SSN has always been comprised of the three-digit area number, followed by the two-digit group number, and ending with the four-digit serial number. Since 1972, the SSA has issued
Social Security cards centrally and the area number reflects the state, as determined by the ZIP code in the mailing address of the application.

There are approximately 420 million numbers available for assignment. However, the current SSN assignment process limits the number of SSNs that are available for
issuance to individuals by each state. Changing the assignment methodology will extend the longevity of the nine digit SSN in all states. On July 3, 2007,
the SSA published its intent to randomize the nine-digit SSN in the Federal Register Notice, Protecting the Integrity of Social Security Numbers [Docket No. SSA 2007-0046].

SSN randomization will affect the SSN assignment process in the following ways:

• It will eliminate the geographical significance of the first three digits of the SSN, currently referred to as the area number, by no longer allocating the area numbers
  for assignment to individuals in specific states.
• It will eliminate the significance of the highest group number and, as a result, the High Group List will be frozen in time and can be used for validation of
  SSNs issued prior to the randomization implementation date.
• Previously unassigned area numbers will be introduced for assignment excluding area numbers 000, 666 and 900-999.

These changes to the SSN may require systems and/or business process updates to accommodate SSN randomization.

Cite: SS Website on randomization

Recent statistics reveal over half of all employers are using some type of social media search as a supplement to their screening procedures. While the legal and ethical debate of the screening inquiry has been unsettled more and more employers are asking applicants’ for their Facebook logins as part of the process. Several lawsuits are pending regarding the use of social media in pre-employment purposes. Some of the issues are:

Is it considered a consumer report/investigative report? And, if derogatory information is found and a person is not hired as a result, should this be disclosed on the Adverse Action?

Does the search of the social media imply a consumer report? What legal issues does a direct employer face should they discover derogatory information as opposed to a third party screening company?

What weight should the employer place on the information?

Employers who choose to use social networking sites, must use care to avoid using information in a discriminatory way. Screen all applicants the same way. It may be used to verify previous work history and accuracy. Some things to consider:

As recently as two years ago, a municipality required job applicants to supply username and password information for their social media-related accounts. However, once the word got out it created a firestorm. While it’s not illegal to ask job applicants for access to their password-protected accounts, use caution if you plan on using this part of your screening policy.

Recommended Best Practices for Social Media:

1. Do let applicants know that you’re going to be checking their social-media profiles.

2. Do inform applicants if a third party will be conducting the background check. The Fair Credit Report Act requires applicants to signoff, regardless of whether a password or username is
needed to access your profile, if a third party conducts the check. Fail to disclose to the
applicant that someone other than an employee at your firm (in house) is conducting the
background check, and you open yourself up to a lawsuit.

3. The Stored Communications Act may prohibit sharing user and password information with other third parties without consent.

4. Don’t rely on your company’s social-media policy when it comes to job applicants because
applicants aren’t covered by the same policies as employees.

5. Don’t forget to check with your legal counsel before instituting a new hiring practice connected to social media. This remains a very fluid area with new rules, interpretations and privacy issues.
The courts are usually several years behind technology, however this area appears to maturing and cases are entering the system