
Don't let your applicant become a
PROBLEM!
FREQUENTLY ASKED QUESTIONS
Nowadays, services providing 'background' checks seem to abound. Unfortunately, many of these services are often interested more in promising the moon and taking your money than in providing a comprehensive service or answering your questions. Not so at NBIC. Here are a few questions we frequently hear...
Q. Why doesn't NBIC provide 'instant' online screening as is seen with 'those other services'?
The answer is simple! We don't believe it can be done legally and accurately for employment purposes! You deserve, and the law requires, that you receive the most accurate and up to date information available. While the reports we provide can be delivered over the internet, the idea of 'instant' screening is another matter. Many other services use 'various databases' and 'compiled lists' to provide screening results. What this means is that they periodically obtain information from a number of sources (newspapers, purchased databases of unverified information, etc.) to compile a local database of records. The problem here is that they do not PERSONALLY verify the information they are providing to you! If their database is 30 days old and your applicant was arraigned in court yesterday for a felony... YOU MAY NOT KNOW ABOUT IT! Not a good situation!
Legally, the FCRA requires, for example, that any criminal record reported be verified within thirty days of it being reported to you. Compiled 'lists' of records may not be updated for weeks or months at a time, meaning you get outdated information that can not be legally provided by a third party reporting agency! In using such information, you run the risk of a denied applicant filing suit against you under the provisions of the FCRA or filing a complaint with any number of federal or state agencies that could undertake actions against you.
At NBIC, we check each case individually. We access real time, current court records, state driving records and other official sources for each and every applicant we screen. This means you get the most current information that is readily available. Because of the requirements of the Fair Credit Reporting Act (FCRA), we make every effort to verify all information before submitting it to you. The last thing you need to do is deny someone based on a record that does not pertain to them or that is not up to date. That can be frustrating for the applicant and embarrassing (or costly) for you. For these reasons, we complete each report individually and provide you with our findings.
Q. What about nationwide records checks?
Glad you asked! We want a one stop shop for criminal records as badly as anyone. The simple fact is, there is no national repository for these records that can be reviewed by private citizens or companies. While the Federal Bureau of Investigation operates the National Crime Information Center (NCIC) which does contain a vast database of criminal record information, it is not available to anyone outside a law enforcement agency. Both federal and state laws prohibit law enforcement officials from accessing this data without an official reason.
Some people have come to rely on a 'friendly police officer' to obtain information from official sources. You should know that any law enforcement officer who does so, may be subject to federal and/or state criminal charges! The employer or landlord who uses such sources may also be subject to civil or criminal actions. Trying to get around the legal system is not a good idea! Those who do use such means to check out employees are asking for serious legal problems and maybe even time in jail.
So, we are left with some open state level repositories, several thousand county level court systems, more than two dozen federal court systems and other government systems too numerous to list! To effectively check for a criminal record, we must look directly to the official sources who maintain the records. The availability of such sources changes constantly. It's a lot of work! And it's work most employers & landlords are not prepared to do themselves. Yet it's not something that should never be overlooked. That's why we're here!
Q. What are the legal requirements we face when using a third party to check out our applicants?
Very simply, you must have & certify a valid business purpose for conducting the inquiry (such as screening for employment purposes), and you must have obtained a release as required by the Fair Credit Reporting Act (which covers more than just credit reports). At the NBIC, we provide our clients with release forms free of charge! Our clients simply copy these forms as needed. Prior to using our services, our clients must agree to comply with the provisions of the Fair Credit Reporting Act and must certify their approved business use of the information we will be providing.
Q. Why can't we do this ourselves?
The good news is, you can! But as with all good news, there is usually some bad news. The same applies here. Unfortunately, it can be time consuming, frustrating and costly to do do these checks yourself. There are over 5000 state level felony courts in the United States. Every court and every other government agency that maintains records have differing procedures. In some jurisdictions, there may be more than one court or agency that must be checked to ensure adequate geographic coverage for the check being conducted. How can you know for sure? Simple! Rely on NBIC who's job it is to stay on top of available sources and means of properly accessing critical records.
Q. If we submit a check request, how long will it take to get a response?
Ultimately, that depends on what information is being requested. For local driver's records, sex predator checks and many local felony criminal records, the reports can often be returned in one business day. For other checks the time frames vary. As a rule of thumb, most background checks we conduct are completed and returned to our clients within 1 to 2 business days.
Q. Are your services confidential?
Yes. Other than as required by law or a court order, we will not divulge information about you or any work done for you to anyone.
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