Issues in Background Screening

IMPORTANT DOCUMENTS FROM THE FEDERAL TRADE COMMISSION

Here are links from the Federal Trade Commission

Staff Opinions regarding the Fair Credit Reporting Act

General Disclosure Requirements http://www.ftc.gov/os/statutes/fcra/brisch.shtm

Public Record Searches http://www.ftc.gov/os/statutes/fcra/slyter.shtm

Public Records and Agencies http://www.ftc.gov/os/statutes/fcra/goeke.shtm

What is a CRA and requirement for up to date information http://www.ftc.gov/os/statutes/fcra/leblanc.shtm

Are criminal record searches and drug tests governed by the FCRA http://www.ftc.gov/os/statutes/fcra/islinger.shtm

Employment, education verifications http://www.ftc.gov/os/statutes/fcra/beaudett.shtm

Use of public record databases (National Criminal or Multi Jurisdictional Search )for employment is not compliant with FCRA http://www.ftc.gov/os/statutes/fcra/allan.shtm

 

 

Why Education Verifications are Important

University: Speedway Motorsports President doesn’t have degree

March 18, 6:27 AM ·

Speedway Motorsports Incorporated President Marcus Smith did not graduate from the University of North Carolina at Chapel Hill despite a company press release saying he did.

Smith who took over for his father and founder O. Bruton Smith was appointed to his position in May of 2008. In a press release from SMI announcing his appointment he graduated from UNC with a Bachelor of Arts degree in advertising.

Not so according to the university.

“The university registrar’s office does not show that this person has earned a degree from this university,” spokesman Mike McFarland said in an interview Monday with Bloomberg.

According to McFarland, Smith attended for four years, majoring in journalism and mass communications, according to school records. Privacy laws do not allow disclosing why a student didn’t graduate.

Barry Minkow co-founder of the Fraud Discovery Institute, a San Diego-based licensed private investigator, discovered the inconsistency in Smith’s background.

“I attended the University of North Carolina at Chapel Hill from 1992 through 1996 and believe I had the proper credits for graduation,” Smith said Tuesday in a statement. “I’m checking with the university now for clarification.”

======================================================

Here is a good example of why federal criminal record checks should always be conducted.

		Prison Talk > FOR “OFFENDERS” > Employment
Does a Federal Felony conviction show up on a regular background check? Two years ago, I was convicted of a low-level federal felony (I refused to testify against a friend, and I was convicted of withholding evidence). I did not receive a prison sentence; I was sentenced to a year probation. Now I’m out of work and looking for a job. Many of the employers here get a criminal background check from the state government. My conviction was not on a state charge, but the federal court building is here in the same city. Will my federal felony show up on a regular background check, or does it only show up if they do an FBI background check? I’ve searched the web and looked at lots of companies that do criminal background checks. Most of them do a record check with the state criminal courts. Even the national background checks only check on a state level. Most of the services also offer a federal check, but when you look at the details of what they search, they only check registries of federal prisons (and I was never in one). Does anyone know if my federal conviction would show up in the state criminal records? I’m desperate to find work, and I just need to know what to expect… dahdahda Registered User Thanks for the info, everybody! I interviewed with 4 different companies last week who were interested in me, and they all said that they would contact me after they got the results of my background check. One of the companies called me this morning and offered me the job, so obviously it must not have shown up! I actually did a lot of research this past week, and I learned a lot about background checks. There are a lot of companies that perform background checks for fee, and different employers use different services. While the policies differ depending on the company that performs the check (there are a lot of different companies out there doing this), There are different levels of the services; most companies do a state background check, where federal crimes don’t show up. Some companies do a national background check, which just checks the database for all the different states, and again, my charge wouldn’t show up. Here’s what I thought was really interesting: for a federal background check, most companies access a public database that lists info on everyone who has ever served time in a federal prison. Since I got probation, I won’t show up there, either. For special security clearance positions, or positions working with children, most companies run an actual FBI background report, and that’s the one place where my conviction will show up. Luckily, the jobs I’m qualified for don’t involve getting bonded or any high security issues, so it looks like I’m really lucky, and this conviction won’t destroy my career, as I thought it would. What a relief! Thanks again for responding to my message… it sets my mind at ease, and it lets me know that the research I did was right! You’ve helped me to relax and breathe easier again! dahdahda vbmenu_register(“postmenu_780570″, true); Registered User

*************************************************************************************************

How will this effect a drug arrest in this Missouri Town. Be sure to click on the Kansas City Star Link for the full story.

Ozarks Town Legalizes Pot

Ozark Legalizes Marijuana

By KSPR News

Story Created: Feb 10, 2009

Story Updated: Feb 10, 2009

(AP) — A tiny southwest Missouri hamlet has passed an ordinance allowing residents with a doctor’s approval to grow and possess marijuana for medicinal use. The mayor of Cliff Village says the law is aimed at showing grassroots support for a measure that has repeatedly failed in the state legislature. From the Kansas City Star:

Cliff Village is no college town. It’s barely a town at all. It has no employees and levies no taxes. It gets about $1,300 a year in distributions of state fuel taxes for road repairs and $120 to $200 more in cable TV franchise fees. The 30-year-old mayor, Joe Blundell, said the law came from his own frustration with pharmaceutical painkillers to deal with the aftermath of a train accident that left him in a wheelchair. “When I got introduced to this flower, it not only alleviated my pain, it got me out gardening,” Blundell said. “I’m not just stoning myself out. It allowed me to function.”

The Cliff Village ordinance passed by a 3-2 vote.