Resource Center

Concerned about how to fill your many open positions quickly and responsibly? Orange Tree’s pre-employment screening services have helped many employers hire the right employees faster and more smoothly.

Not Being Honest on a Resume: How Common Is It?

According to a report by local television news affiliate CBS 21, a national survey of anonymous job seekers found that only 72 percent of resumes in the U.S. are accurate. (In other words, 28 percent of resumes mislead prospective employers about the candidate’s qualifications.)

In Pennsylvania, the rate of misrepresentation on resumes was even higher: 38 percent of resumes were not accurate, meaning that only 62 percent of resumes provided a truthful accounting of skills, experience, and job readiness.

Another news report, this one on ESPN Radio 104.5 FM, stated that New Yorkers looking for jobs are stretching the truth on resumes at the same rate as job seekers nationwide. The report, which summarized findings from the same study mentioned above, noted that only 72 percent of New Yorker resumes are accurate.

This begs the question: If lying on a resume is so common, what do people lie about? Mostly education and employment experience, apparently. According to the survey, 25 percent of survey respondents reported an incorrect previous job title; 15 percent of respondents listed an inaccurate level of experience; and 15 percent fabricated their level of education and training.

Although the survey did not inquire about it, applicants have also been known to falsify their name on resumes. A verification of identity should therefore be part of most preemployment background checks.

Ready to have a conversation about your background check program?

How Hiring Someone Who Wasn't Truthful on Their Resume Can Affect the Bottom Line

What happens if an employer misses an inflated credential, fails to spot the unexplained gaps in employment, or accidentally overlooks an invented title from a candidate’s last job? They may hire someone who is unqualified for the position, both ethically and in terms of the skills required, and that can directly affect the employer’s bottom line.

Here are some of the potential risks and effects of hiring someone who has lied on their resume to get the job:

• Lower Productivity is perhaps the most obvious consequence. When a new employee proves unable to carry out the duties and responsibilities of their role, over time their decisions and actions can erode productivity.
• Lost Revenue occurs when an employer realizes they’ve made a mistake and replaces the poorly performing employee with someone more suitable for the job. Employee turnover is incredibly expensive, even with hourly employees.
• Damage to Reputation can occur when a new hire’s incompetence and inability to do their job become evident to customers and partners. In some cases, the negative impact on an organization’s brand can be hard to recover from.
• Unethical Practices may develop. A person who lies on their resume may lie in other work-related areas, too, like on a timesheet of hours worked. They may be inclined to cut corners on jobs or steal supplies or money. Studies have shown that unethical business practices are directly related to lower revenue, productivity, and morale.
• Employee Morale can be negatively affected by an unqualified new hire. If they cannot do their job to such a degree that other employees are having to pick up the slack, correct mistakes, or take on responsibilities that are not technically theirs, that inevitably drains employee satisfaction.
• Threats of Negligent Hiring and Lawsuits are the last thing any employer wants to deal with. Unfortunately, if an employer hires someone who is unqualified for a position, the employer can be held legally liable for that employee’s failures and mistakes.

These risks and effects can affect a business's bottom line in often powerful ways.

Employers That May Be More Affected by Falsified Resumes

Employers in many industries are still struggling to fill open positions. With the holiday season fast approaching, the job crunch may be especially acute in seasonally affected industries like retail and hospitality. Because of their urgent need to hire more people more quickly, companies and businesses in these industries may be more affected by misleading resumes. (After all, if you’re rushing to hire more staff to work the cash register or wait on tables, you may be tempted to second guess the importance of a background check— or forget it altogether.)

In a rush to hire seasonal help? Don’t forget about the background check! At Orange Tree, our pre-employment screening tools allow us to quickly and easily verify whether an applicant’s resume is accurate.

How Pre-employment Background Checks Can Help Protect Employers

Today many employers are fielding resumes at an accelerated pace, but many of those resumes may misrepresent a job applicant’s skills, training, and work experience. Preemployment background checks can help protect employers from hiring the wrong people and hurting their bottom line. At Orange Tree, we provide verification services that give employers peace of mind that they are hiring a qualified and ethical person for an open position. We can:

• verify candidates’ employment history, including titles held, length of employment, salary, and other relevant information
• confirm an applicant’s educational degrees and professional licenses
• conduct a character check by interviewing the candidate’s references and inquiring about the candidate’s reputation and integrity

The whole background screening process is fast, easy, and effective. It is also tailored for each client’s personalized needs. Interested in learning more? Consider a free consultation with one of our specialists. Or get started now with our online platform: 

The Fair Chance to Compete for Jobs Act of 2021 (Fair Chance Act), which went into effect on December 20, 2021, applies to all federal agencies and contractors doing business with the government. Until a conditional employment offer is made, federal contractors can no longer inquire about criminal history during the application process. Exceptions include law enforcement, national security, jobs that have access to classified information, etc.

Decriminalization of Marijuana

On April 1, 2022, the U.S. House passed the Marijuana Opportunity Reinvestment and Expungement Act or the MORE Act. This bill would allow individuals who have been convicted of marijuana misdemeanors to apply for expungements. The House passed similar legislation in December 2020 but did not consider it in the Senate.

If passed, the MORE Act would:

• Eliminate criminal penalties for manufacture, distribution, and possession.
• Provide for regulation and taxation of legal sales.
• Expungement of federal marijuana convictions back to 1971.
• Bar denial of federal public benefits or security clearances based on marijuana offenses.

Current Status: Passed House not Yet Law

DOT-Regulated Drug Testing

The U.S. Department of Transportation (DOT) published in the Federal Register on February 28, 2022, a notice of proposed rulemaking for oral fluid drug testing of transportation employees covered by federal regulations.  

The Department of Transportation announced that the addition of oral fluid drug testing would offer employers a choice to help combat employee cheating on urine drug tests while also offering a more cost-effective, less intrusive method of achieving program objectives. The proposed rules are also intended to align with the Mandatory Guidelines for Federal Workplace Drug Testing Programs Using Oral Fluid established by the U.S. Department of Health and Human Services in 2020.

Key Takeaways

• Would permit Oral Fluid testing as an alternative drug testing method for DOT-regulated workplace testing.
• Harmonize, as needed, with the new Mandatory Guidelines for Federal Workplace Drug Testing Programs established by the U.S. Department of Health and Human Services.
• Allow direct observation of urine collections by any licensed or certified medical professional legally authorized to take part in a medical examination in the jurisdiction where the collection occurs.
• Allow MRO staff to contact pharmacies to verify an employee's prescription.
• 'Un-cancel' a test that was 'canceled' by the MRO if circumstances dictate 
• Allow the use of options of official identification numbers issued by State or Federal authorities instead of Social Security Numbers.

Most significantly, DOT's proposed rule states that the oral fluid testing window of detection for marijuana is up to 24 hours. In contrast, urine testing's detection window for marijuana is 3 to 67 days.

The U.S. Department of Transportation (DOT) is proposing training criteria for oral fluid collectors, collection site rules, procedures for protecting the security and integrity of oral fluid collections, and processes for collecting oral fluid. The regulations propose initial and confirmatory cut-off concentrations for drugs and collection standards that must be met.

Although oral fluid testing is relatively new, the DOT has several questions, including who should be allowed to obtain oral fluid samples and whether Medical Review Officers should be trained further on evaluating oral fluid tests.

Comments on the notice of proposed rulemaking needed to be submitted by March 30, 2022.

State Court Access

California

In May 2021, the California Court of Appeals ruled in All of Us or None v. Hamrick that a DOB and driver's license number may not be used to identify an individual when searching a court's electronic criminal index as these data cannot be used to authenticate the identification. 

Key Take-Aways

• Court Rule 2.507(c) prohibits displaying or publishing date of birth or driver's license information in a court calendar, register of action, or index.
• Historically – DOBs and DL's are used as part of the search as a filter.
• All of Us or None of Us v Hamrick (statutory interpretation)
• C.A. Court of Appeals held: that public searchers may not search for and locate records by inputting an individual's available date of birth and driver's license number.
• C.A. Supreme Court declined to review; clerks continued to redact from online and public access terminals. 
• Delays, Clerk assistance to verify full dates of birth slowed
• Criminal record checks in California will continue to be complicated.

Update: Senator Steven Bradford of the California State Senate (D-Inglewood), chair of the Senate Consumer Protection Committee, introduced SB 1262. It may solve the problem by requiring publicly accessible electronic criminal defendant indexes to search and filter results based on a defendant's driver's license number, date of birth, or both.

• Referred to Committee in March
• Set for a hearing on April 26

Please read our blog to learn more about All of Us or None v. Hamrick.

Michigan

A rule that would have redacted dates of birth (DOBs) from court records statewide as of January 1, 2022, has been amended. Upon registration, individuals (such as consumer reporting agency personnel) may access birth dates on criminal records for identity matching purposes with the candidate's consent under the amended regulation, which goes into effect on April 1, 2022.

Researchers at the Michigan court will use this registration site to submit the necessary information, which courts in Michigan will then use. This will determine which users can access identifiers when looking through records.

Who needs to register:

• Researchers and anyone who goes to the Michigan courts to pull records (electronically or in-person).
• New from our researchers in the field: All courts comply with DOB requests. The process is still slow in some counties, and delays should be expected until the process is solidified.
• DOBs have been redacted from many public access terminals, so every possible hit requires clerk assistance to confirm.

Learn more about the MI redaction of dates of birth in court records and what it means for the background screening process.

MARIJUANA SCREENING

States that have medical marijuana programs: 37+DC

• Idaho, Nebraska, Kansas (no law)
• Wyoming, Iowa, Texas, Wisconsin, Indiana, Kentucky, Tennessee, Mississippi, Georgia, South Carolina, North Carolina (CBD/Low THC program)

States that have recreational marijuana legislation/programs: 18+DC 

• Alaska, Arizona, California, Colorado, Connecticut, DC, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Virginia, and Washington

Maine

Constitutional Amendments (H.B. 1 and HB 837) passed on April 1, 2022

• H.B. 1 would legalize recreational marijuana use for individuals aged 21 and over.
• HB 837 would decriminalize recreational use.
•  It does not mention employers or workplaces.
•  Requires ratification by Voters in November 2022 election.

Mississippi

The Mississippi House passed Senate Bill 2095 on January 26, 2022, the "Mississippi Medical Cannabis Act." On February 2, Governor Tate Reeves signed the bill into law. The legislation took effect immediately.

The bill allows individuals who suffer from one of twenty different medical conditions or categories of ailments to apply for a Mississippi medical marijuana card, including cancer, Crohn's disease, post-traumatic stress disorder, any "chronic, terminal, or debilitating" condition resulting in chronic pain, and "any other condition" that the Mississippi Department of Health may add in the future. The law clarifies that smoking medical [marijuana] outside or in a motor vehicle is prohibited.

There are no express employment protections for medical marijuana cardholders in the Mississippi legislation.

It does not require employers to:

• pay or reimburse for costs associated with medical marijuana use
• permit, accommodate or allow the use of medical marijuana by employees
• modify any job or working conditions of employees who are medical marijuana cardholders

Does not prohibit an employer from:

• refusing to hire applicants or taking adverse employment action against employees who are medical marijuana cardholders
• establishing and enforcing drug testing or drug-free workplace policies

Does not:

• provide for an express, legal cause of action for an individual to file a legal claim against an employer; and
• impact the workers' compensation premium discount programs

Montana

Montana HB 701, which went into effect on January 1, 2022, amended the lawful off-duty conduct statute. Marijuana is considered a "lawful product" under the law. Employers may not refuse to hire or discriminate against an individual concerning compensation, promotion, or the terms, conditions, or privileges of employment because the individual legally uses marijuana off the employer's premises during nonworking hours.

Key Take-Aways

Law does not:

• Require employers to permit/accommodate use in the workplace or on the employer's property.
• Prohibit an employer from disciplining for violating a workplace drug policy or working while intoxicated.
• Prevent an employer from declining to hire, discharging, disciplining, or otherwise taking adverse employment based on violation of a workplace drug policy or intoxication while working.
• Prohibit an employer from including a provision prohibiting the use of a debilitating medical condition in a contract.
• Permit a cause of action against an employer under the State's wrongful discharge or freedom from discrimination law.

The law, however, amends the lawful off-duty conduct statute. Marijuana is considered a "lawful product" under the law. Employers may not refuse to hire or discriminate against an individual concerning compensation, promotion, or the terms, conditions, or privileges of employment because the individual legally uses marijuana off the employer's premises during nonworking hours.

Philadelphia, PA

Philadelphia enacted an ordinance banning pre-employment marijuana testing. The ordinance referred to as the Prohibition on Testing for Marijuana as a Condition for Employment (Phila. Code § 9-5500), went into effect on 1/1/2022.

Key takeaways 

An employer, labor organization, or employment agency may not request prospective employees to submit to marijuana drug testing as a condition of their hiring.

Exceptions:

• Police officers, positions require a CDL, parts responsible for supervision or care of children, patients, disabled, vulnerable individuals, roles for which employees could significantly impact the health or safety of other employees or members of the public
• Does not apply to drug testing under federal or State statute, regulation, or order; contract between federal government and employer, when an employer is a party to a valid collective bargaining agreement

New Hampshire

On January 14, 2022, the New Hampshire Supreme Court reversed a trial court decision that dismissed a former employee's complaint. His employer failed to consider whether it could reasonably accommodate his use of marijuana for medical purposes.

Key Takeaways

• Employers may need to consider medical marijuana as a reasonable accommodation
• Supreme Court held: that the New Hampshire disability and accommodation statute does not contain any language categorically excluding the use of medical marijuana as an accommodation. Instead, whether an accommodation for a medical marijuana user is reasonable is "intrinsically a factual determination" that "should be decided on a case-by-case basis depending on the facts of the case."

Orange tree can help you stay compliant with the latest updates

Background checks are complicated, so it's no surprise that the laws surrounding them are constantly changing. Employers face difficulties because of the complex web of state and local rules. Orange Tree is here to help you navigate this hazardous environment. Our compliance experts monitor legislative trends and new legislation affecting employment screening to ensure that we stay updated with all new rules and regulations.

Schedule a call with us to learn how we can help!

The Paperwork Reduction Act of 1995 specifies a 60-day and a 30-day notice period for this I-9 extension form. The 60-day comment period will end on May 31. To learn more about the form's suggested modifications, as well as to submit comments, go to Federal Register notice 87 FR 18377.

Background on Form I-9

The Immigration and Nationality Act (INA) requires all employers to complete and retain Form I-9, Employment Eligibility Verification for every employee that works for pay or other types of payment that they hire in the U.S. after November 16, 1986.

What is the Form I-9?

USCIS requires all U.S. employers to ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and non-citizens. The employer must verify the employee's identity and employment authorization on the form. The employee and employers or an employer's authorized representative must complete Form I-9.

How do you complete Form I-9?

The Form I-9, Employment Eligibility Verification, consists of three sections:

Section 1: Employee Information and Attestation (completed by employees)

Employer responsibilities for Section 1:

• Employers must provide instructions to complete the form and the list of acceptable documents. Additionally, employers may request that their employees complete Form I-9 on their first day of employment (date of hire) or before their first day of work if they accept the job offer.
• Employers must review the information their employees provide to ensure their employees:
  • They completed all required fields.
  • They provide their Social Security numbers if you participate in E-Verify. (If you do not participate in E-Verify, employees are not required to enter their Social Security number.)
  • Your employees signed and dated their forms.
  • If the employee used a preparer or translator, the preparer or translator completed, signed, and dated the Preparer/Translator section.

Employee Responsibilities for Section 1:

• Full legal name.
• Employees with two last names (family names) should enter both names. Employees with two first names (given names) should enter both names.
• Employees with only one name should enter it in the Last Name field, entering "Unknown" in the First Name field.
• Employees should include the hyphen (-) or apostrophe (') if their names have them.
• Employees with a middle name should enter the middle initial.
• If applicable, other legal last names are used, including a maiden name. Current address, including street name and number, city, state, and ZIP code. Include the apartment number or letter if applicable.
• Date of birth.
• Citizenship or immigration status, by checking the appropriate box to indicate whether they are a U.S. citizen, a non-citizen national, a lawful permanent resident of the U.S., or a non-citizen authorized to work in the U.S.
• If applicable, Alien Number/USCIS Number, Form I-94 admission number, or foreign passport number (including country of issuance), and the date employment authorization expires.
• Signature and the date.

Section 2: Employer or Authorized Representative Review and Verification (completed by employers).

Employers must fill out and sign section 2 of the form within three business days after their employee's hire (the hire date is the first day of employment for pay).

Employer responsibilities for Section 2:

• Section two is completed by the employer or the employer's designated representative. Employers must complete this portion of the form within three business days of the employee's first day of employment.
• Employers need to double-check that section 1 is filled out correctly and while in the presence of the employee.
• Enter the employee's last name, first name, middle initial, and select the correct citizenship/immigration number in the "Employee Info from Section 1" area at the top of Section 2.
• Ensure that any document your employee presents is original and on the Lists of Acceptable Documents or is an acceptable receipt.
• Physically examine each document to determine if it reasonably appears genuine and relates to your employee presenting it. If employers determine the document does not reasonably appear genuine and relate to the employee, allow the employee to offer other documentation from the Lists of Acceptable Documents.
• Enter the employee's Last Name, First Name, and Middle Initial (if provided) from Section 1.
• Enter the document title, issuing authority, number(s), and expiration date (if any) from the original document(s) your employee presented.
• Enter the date your employee began or will begin work for pay.
• Enter the first and last name, signature, and title of the person completing Section 2 and the date they completed Section 2.
• Enter the employer's business name and address. If the company has multiple locations, use the most appropriate address that identifies the employer's location concerning the employee and their Form I-9 completion (for example, the address where Form I-9 is completed).
• Return the documentation presented back to the employee.

Employee responsibilities for Section 2:

• Employees must provide unexpired original documentation that proves their employment authorization and identity.
• Employees are free to choose which documents to bring with them:
  • One document from List A; or
  • One document from List B in combination with one document from List C.

Section 3: Reverification and Rehires (Completed by employers)

Employer responsibilities for Section 3:

When an employee's work authorization or employment authorization documentation has expired, employers must complete Section 3.

• Employers may fulfill Section 3 if the employee is rehired within three years after they initially completed Form I-9.
• The employee legally changed their name.
• Employers must also complete the last name, first name, and middle initial fields in the Employee Info from Section 1 at the top of Section 2 when completing Section 3.

Reverification

• Employers must re-verify their work authorization for each employee authorized to work in the United States after their visa expires.
• Employers are required by Section 1 to determine whether an employee's employment authorization had ended and, if so when it did so.
• The employment authorization expiration date provided by the employee in Section 1 may not match the document expiration date recorded under List A or List C in Section 2.

Rehires

Employers who rehire workers within three years of the completion date of a previous Form I-9 must fill out a new Form I-9 or Section 3 of the old one if they complete a new Form I-9 for the employee.

To complete Section 3 for rehires, employers must:

• Confirm that the original Form I-9 relates to the employee.
• Examine the original Form I-9 to see if the employee is still authorized to work and whether any employment authorization documents obtained in Section 2 (List A or List C) have now expired (or been auto-extended). Follow the instructions to see if reverification is required.
• If the employee is still authorized to work and his or her employment authorization paperwork is still valid, fill in Section 3 with the date of the rehiring.
• Request that the employee submit an unexpired List A or List C document if their authorization to work has been revoked or the employment authorization documentation has since expired and needs to be verified. Do not re-verify a worker's List B (identity) document. Fill in the details of the document and the date of rehiring in Section 3.
• Sign and date Section 3.

Compliance Resources from Orange Tree

For more information about the proposed changes and their impact on your business, sign up for our free webinar. We will be covering this topic and other compliance updates that employers should know about.

 If you have any questions about this proposed extension or revision of Form I-, please get in touch with USCIS by email at Forms.Management@uscis.dhs.gov or by telephone at (800)870

We recommend employers review and discuss with your legal counsel your organization’s policies and procedures to ensure continued compliance with the changing laws and regulations.

Want to learn more about how our team can be of service to your organization? Schedule a call today.

Orange Tree completes the federal criminal search using the same online databases utilized by the court clerks. 

We will report all available and reportable felony and misdemeanor records that the court has available, including; deferred, pending, fail to appear and warrant information according to the Fair Credit Report Act (FCRA). 

The federal criminal check will include an overall result and status. If a record is located, the record may include the following information: level of offense, disposition, age of the record, identifiers used to match the record to the applicant.

More companies are considering Federal Criminal searches as standard practice for background screening. As these charges do not appear on the state or county level, a federal records search provides a more fully comprehensive view into an employees' background by revealing higher-level, white-collar crimes and those occurring across state lines. 

Orange Tree is here to help employers like you find the best fit for their open position. You must consider the different types of criminal checks when hiring and retaining employees. This will help you choose the best background screening plan for the industry and position you are hiring for and protect you from risk!

With over 30 years of experience, our team at Orange Tree understands the legal and financial implications of employers' hiring practices. We are committed to working with employers to design and implement a comprehensive screening program that fits their business needs. Our team can assist you every step of the way to prevent negligent hiring lawsuits.

Want to learn more about how our team can be of service to your organization? Schedule a call today.

The U.S. Department of Health and Human Services Office of Inspector General (OIG) prohibits healthcare companies from hiring anyone sanctioned from participating in federal programs such as Medicare and Medicaid.

Federal laws for background checks in healthcare

The Centers for Medicare and Medicaid Services (CMS) has awarded more than $65 million to 28 States to design comprehensive national background check programs for employees that have direct access to patients. The CMS program's purpose to provide a framework for states to develop an efficient and effective procedure for conducting background checks. The program is administered by the Centers for Medicare & Medicaid Services (CMS), in consultation with the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI).

MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT OF 2003

The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) established a Background Check Pilot Program. The purpose of the pilot program was to “identify efficient, effective, and economical procedures” for conducting State and national criminal background checks on prospective “direct patient access employees,” as defined in the statute.

The pilot was administered by the Centers for Medicare & Medicaid Services (CMS), in consultation with the Department of Justice (DOJ) and Federal Bureau of Investigations (FBI). The pilot program operated from January 2005 through September 2007.

Pilot States CMS selected seven states to participate in the Background Check Pilot Program. The states represented a mix of rural and urban areas and included ethnically and culturally diverse populations. The pilot states included:

• Alaska
• Idaho
• Illinois
• Michigan
• Nevada
• New Mexico
• Wisconsin 

In 2010, the Patient Protection and Affordable Care Act (P.L. 111-148) became Federal law.

Patient Protection and Affordable Care Act 

Section 6201 the Patient Protection and Affordable Care Act (PPACA) requires the Secretary of Health and Human Services to establish a nationwide program to identify efficient, effective, and economical procedures for long term care facilities or providers to conduct background checks on prospective "direct patient access" employees on a nationwide basis.

This program is an extension of the pilot program that was established under Section 307 of the Medicare Prescription Drug Improvement and Modernization Act of 2003 (MMA). The nationwide program is open to States that did not participate in the Background Check Pilot Program established under MMA.

The Act requires that each State participating in the nationwide program must make a determination as to whether an employee has direct patient access. A “direct patient access” employee is defined as any individual who works at a long-term care facility or provider of services and provides direct care, treatment, or services to patients (as determined by the State participating in the nationwide program).

To engage in the nationwide program and receive the federal funding, a State must:

1. Enter into an agreement with HHS to conduct background checks under the nationwide program on a State basis.
2. Comply with all of the requirements set forth under the Act.
3. Provide partial funding for the program.

If a State participates in the nationwide program, all of the following types of long-term care facilities and providers within the State will be required to conduct background checks on prospective “direct patient access” employees in compliance with the Act:

1. Skilled nursing facilities.
2. Nursing facilities.
3. Home health agencies.
4. Providers of hospice care.
5. Long-term care hospitals.
6. Providers of personal care services.
7. Providers of adult day care.
8. Residential care providers that arrange for or directly provide long-term care services, including assisted living facilities that provide a level of care established by the Secretary.
9. Intermediate care facilities for the mentally retarded.
10. Any other facility or provider of long-term care services under such titles as the participating State determines appropriate. 

The Act does not require a background check for an individual who volunteers at a long-term care facility or provider of services.

A State may delay the implementation of the nationwide program for up to one year after entering into the agreement with HHS if the State can demonstrate good cause why it cannot fully

State Engagement:

HHS will work with interested States to develop agreements for conducting background checks on a State basis. The agreement between HHS and a State must include the following elements:

• A description of the types of employees who will be subject to background checks, including the definition of a “direct patient access” employee;
• The methods that the State will use to identify direct patient access employees, including any required notification or application process for employers and employees;
• How the State will provide its share of partial funding for the nationwide program;
• The procedures that the State will use to ensure that long-term care facilities and providers within the State conduct background checks on prospective employees in compliance with the Act, including penalties for noncompliance;
•  How the State will protect the privacy of employee and applicant information;
• How the State will ensure that background checks are conducted in a timely manner;
• (G) Any other requirements that HHS determines are necessary to carry out the nationwide program.

Types of background checks

States that participate in the NBCP must require HHAs to conduct the following background checks. HHAs that want to receive federal funding must conduct these checks even if it’s not required by their state. 

• A fingerprint-based search of state and federal (FBI) criminal history. The FBI search will uncover federal crimes as well as crimes committed in any state that have been reported to the FBI. This can uncover felony convictions for healthcare-related fraud, theft, or other financial misconduct; Medicare or Medicaid fraud; or the unlawful manufacture, distribution, prescription, or dispensing of controlled substances.
• A search of abuse and neglect registries including:
• The federal Office of Inspector General (OIG) List of Excluded Individuals and Entities (LEIE). This lists individuals who are forbidden to work in a healthcare capacity due to criminal offenses such as Medicare or Medicaid fraud; patient abuse or neglect; certain felony and misdemeanor convictions; and suspension, revocation, or surrender of a license. 
• State abuse and neglect registries in the caregiver’s current state and any other states where the person has worked as a home health aide. 

Background checks even play a crucial role in determining if an applicant can be trusted. In fact, healthcare screening is purposely designed to serve this purpose.

Also, periodic criminal checks occur and tend to be a good idea for those in long-term positions where they have contact with patients. They can be used as an ongoing process when doubts arise regarding staff members. Some health agencies in fact conduct a thorough screening of current employees every two years to deter fraud and protect the safety of patients.

How Orange Tree Can Hep

At Orange Tree, we create custom background check packages designed for your industry and business needs. We know the many challenges that you face during the hiring process and can help you decide what background checks are best to meet your unique hiring goals. 

Want to learn more about how our team can be of service to your organization? Schedule a call today.

The foregoing is not legal advice, express or implied.  We recommend you seek the advice of your own legal counsel for all aspects of employment law.

Iowa statute (135C.33) requires that prospective employees undergo a state and federal background check for criminal convictions and abuse incidences. This check applies to all prospective employees who provide direct services to consumers and who are employed by an agency regulated or funded by the state that provides any of the following services:

• Homemaker.
• Home health aide.
• Home-care aide.
• Adult day services.
• Other in-home services.
• Hospice care.
• Home and community-based services provided under a waiver program.

Also subject to the check are employees who provide direct services to consumers in elder group homes (certified under Iowa Code 231B) or assisted living facilities (certified under Iowa Code 231C). This process has no exceptions (volunteers also must submit to a check).

Iowa background check requirements prior to employment 

According to the Statute, before employment, the facility or provider must do one of the following:

(1) Request that the department of public safety performs a criminal history check and the department of human services perform child and dependent adult abuse record checks of the person in this state.

(2) Access the single contact repository to perform the required record checks (SING).

What is the SING System?

The Single Contact Repository (SING) provides online access to Iowa Criminal History and Sex Offender Registry information held by the Department of Public Safety/Division of Criminal Investigation (DCI), Department of Human Services (DHS) Central Abuse Registry for Child Abuse (CA) and Dependent Adult Abuse (DAA), as well as Professional License information. 

The SING system gathers information from:

• Sex Offender Registry.
• Child Abuse.
• Dependent Adult Abuse.
• Criminal History.

What about provisional hiring in Iowa?

On June 1, 2020, Senate File 2299 was signed that amended the background check requirements for health facilities in Iowa.

Per Senate File 2299:

The facility or provider may provisionally employ a person before completion of the required record check and evaluation by the department of human services, as applicable, subject to all of the following:

• The facility shall have accessed SING to perform the required record check and be awaiting results from SING or awaiting evaluation by the department of human services, as applicable.
• If applicable, the facility shall request an evaluation by the department of human services within 30 days of receipt of the SING record check results.
• The facility shall have utilized an approved third-party vendor to perform a comprehensive preliminary background check.
• The comprehensive preliminary background check shall have determined that the person being considered for employment does not have a record of founded child abuse or dependent adult abuse, or if the person being considered for employment does have a record of founded child abuse or dependent adult abuse, subrule 50.9(8) is applicable. 
• And the provisional employment may continue until such time as the required record check through SING and evaluation by the department of human services, as applicable, are completed. (I, II, III).

What is a comprehensive preliminary background check?

Per the law, the comprehensive preliminary background check conducted by a third-party vendor must include a criminal history check of all the states the applicant has lived or worked in over the last seven years.

Approved Third-party vendors

Third-party vendors are vetted, approved, and provided to the department by statewide associations of healthcare facilities, programs, providers, hospitals.

Orange Tree has been vetted and approved by the DIA to conduct comprehensive preliminary background checks for provisional employment of employees for companies that are awaiting results from SING or awaiting evaluation by the department of human services, as applicable.

How Orange Tree can help 

In addition to performing the required criminal history search required for health facilities in Iowa, Orange Tree can also perform supplemental searches that provide the information in the SING search. These searches include:

• Iowa Child Abuse and Dependent Adult Abuse Registries.
• Sex Offender Registry (includes Iowa sex offender registry).
• County/Statewide Criminal History Search (consists of the Iowa Statewide Criminal History Search that covers all counties.).

Orange Tree also provides healthcare-specific sanctions watch list such as:

• Office of Inspector General (OIG) /General Services Administration (GSA): identifies individuals who have committed fraud against Medicare, Medicaid, or other federally funded healthcare programs.
• Fraud and Abuse Control Information System (FACIS®): identifies individuals with sanctions and adverse actions taken in the healthcare field.

Our technology is easy to use for you and your candidates, which reduces your time-to-hire while creating an enhanced candidate experience. We provide a one stop solution for all the screening needs of health care companies. Our advanced technology allows for a single click order process for background screening, drug testing, and occupational health services. 

Want to learn more about how our team can serve your organization? Schedule a call today.

The foregoing is not legal advice, express or implied.  We recommend you seek the advice of your own legal counsel for all aspects of employment law.

Orange Tree's adjudication tool, HireGuide, is an employment background screening solution designed to streamline the decision process for employers. Efficiencies are made by not having to review and spend time on criminal records and other non-clear results that don't rise to the level of needing to be reviewed.

When reviewing the results, employers can use the product to implement their narrowly tailored background screening policy because it helps the employer incorporate the "Green Factors" into their adjudication process. The green factors identified below are the variables used in determining whether or not a candidate will proceed.

Green Factors (as identified in EEOC):

1.  The Nature and Gravity of the Offense or Conduct (i.e. the offense type and level of the offense).
2. The Time that Has Passed Since the Offense, Conduct, and/or Completion of the Sentence (i.e. the HireGuide time brackets – for instance, an employer may want to review a criminal record that happened recently, but ignore one(s) that are older.)
3. The Nature of the Job Held or Sought.

HireGuide supports the regular application of decision criteria within job groups, building consistency into the hiring process. Developed in response to client feedback around the necessity of enabling greater recruiter productivity, it is one of the many ways Orange Tree helps its client focus on filling open positions instead of the background screening process. We believe in doing our job so our clients can do theirs.

Employers can use the tool to trigger the individualized assessment process required by the EEOC guidance to help the employer determine that such consideration of the record is job-related for the position in question and consistent with some business necessity.

Case Study & Results

Adding HireGuide led to significant benefits for a large staffing organization averaging 4,000 screens per month. With the help of Orange Tree's dedicated client care team, this organization implemented HireGuide to comply with its hiring policy. Instead of reviewing every candidate, HireGuide allowed the organization to reduce the number of reviews by 74% and review time by  50% between May and November of 2021.

Our client saved nearly 300 hours by eliminating manual reviews on candidates that met its hiring policy. Besides the reduction in labor, positions were filled faster. HireGuide reduced average turnaround time by 3 full days. Most importantly, the time savings enabled recruiters to fill more open positions; thus, making the business more productive and profitable.

With Orange Tree, you get a teammate and trusted partner. We design background screening programs in the best interest of our clients.

How can Orange Tree help?

We provide a range of compliance tools to streamline the screening process and keep you in compliance. We offer automated adverse action letters with individualized assessment language and an adjudication tool that supports the regular application of decision criteria within job groups, building consistency in the hiring process.

Orange Tree can configure a solution to match your screening program policies and processes.

Schedule a call to learn how HireGuide can help you maintain a consistent and compliant hiring process.

*The foregoing is not legal advice, express or implied.  We recommend you seek the advice of your own legal counsel for all aspects of employment law.

While conducting a criminal background check, one may come across the word "disposition" and...

While conducting a criminal background check, one may come across the word "disposition" and question what the definition of this word means. Dispositions include many different facets, all of which can be crucial to making the right hiring decision. Dispositions give employers a high-level view of any convictions, non-conviction, and pending cases, indicating if a candidate was tried in court, found guilty, not guilty, or if the case was dismissed. This information can be beneficial in the hiring progress to see if the candidate is fit for the position. It is also essential to stay up-to-date on state laws regarding what is allowed and not allowed to be reported on a criminal background check. 

What Does Disposition Mean?

The disposition on a criminal record is the current status or final outcome of an arrest or prosecution. There are many different dispositions, but this is a list of the most common dispositions you may come across while conducting a criminal background report:

• Convicted:
  The defendant has pleaded guilty or has been found guilty by a court of law.
• Acquitted:
  The defendant has been found not guilty by a court of law in a criminal trial.
• Dismissed:
  The court or prosecutor has decided that the charge against the defendant should not go forward, resulting in the termination of the case.
• No charges filed/Charges dropped:
  The prosecutor has declined to pursue the case.
• Vacated:
  The court has withdrawn the guilty plea or set aside the guilty verdict, and for all purposes, the defendant may state they have never been convicted of that crime.
• Sealed:
  The court has restricted access to all or some of the content of the record; however, the existence of the record will still be a public record. For juveniles (but NOT adults), the sealed crime is generally treated as if it never occurred unless it has been subsequently unsealed.
• Expunged:
  The deletion of non-conviction information (such as arrest data).
• Pending:
  The case is still being investigated or prosecuted.
• Diversion/Deferred Prosecution:
  The court has delayed prosecution pending the successful completion of a treatment program, at which point the charges will be dismissed. Until charges are dismissed, this will be treated as pending.
• Suspended Sentence:
  The court has delayed the sentencing for an offense pending the successful completion of a period of probation or successful completion of a treatment program. If the defendant does not break the law during that period and fulfills the particular conditions of the probation, the judge usually reduces the degree of the offense or may dismiss the case entirely.  Until the sentence is reduced or dismissed, this will be treated as pending.

What Does Disposition Mean On a Criminal Background Check?

There are multiple databases that one can access information when conducting a criminal background check. The results can be pulled from national, federal, state, and county databases.

Although infractions on a criminal background check report may only appear on a person's criminal record for a limited time, they can still have a significant effect on the hiring process. Dispositions reveal information that will show if a candidate has had a serious conviction, multiple convictions, or a pending disposition. If certain dispositions are found, this information may have a negative impact on the selection of a candidate as it could pose potential risks.

Reportable vs. Not Reportable 

Reportable:

The Fair Credit Reporting Act (FCRA) restricts firms from reporting non-convictions over seven years. So, if a state has not passed a law restricting that information, non-conviction may be reported on a criminal background check. Under the FCRA, convictions can also appear on a background report regardless of the time they occurred. 

Not Reportable:

Reporting requirements on a criminal background check can vary state by state. Some states have restricted both non-convictions and convictions from being reported on a criminal background report. 

As stated above, under the FCRA, non-convictions are reportable up to seven years from the filing date. However, California, New York, and New Mexico have entirely prevented non-convictions from being reported. 

You may have questions about non-convictions and what they mean. Non-convictions could include dismissed cases, not-guilty verdicts, and alternative adjudications. 

States have also passed legislation on the reporting of convictions. The FCRA states that convictions can appear on a criminal background report regardless of when the conviction occurred. However, California, Kansas, Maryland, Massachusetts, Montana, New Mexico, New York, New Hampshire, and Washington have limited the scope of reporting convictions to seven years. 

Why Should Dispositions Matter to Employers?

Results on a criminal background check report are personal and sensitive information. The hiring process and practices that employers use should be consistent, non-discriminatory, and in alignment with state laws and the Equal Employment Opportunity Commission (EEOC). It is important to understand how to read a criminal background check report, what dispositions are, and the different meanings they hold to make the best hiring decisions for your organization.

How Orange Tree Can Help

Orange Tree provides up-to-date information on state criminal background laws, so your hiring process is compliant with accurate information.

Schedule a call to learn more about how Orange Tree can help with your criminal background checks.

We recommend employers review and discuss with your legal counsel your organization’s policies and procedures to ensure continued compliance with the changing laws and regulations.

According to the U.S. Bureau of Labor Statistics, with the "Great Resignation" and a reported 4.4 million Americans (or 3.0% of the entire workforce) resigning in the month of September, organizations are struggling to find labor. 

From an article in the Arkansas Democrat Gazette, a top executive at the Little Rock Airport shared that out of the 80 candidates they made offers to, 77 failed to pass a criminal background screen. 

Federal law requires airport employees to undergo fingerprint-based criminal history records checks. This is mandated for employees in order for them to get clearance to enter secure areas of the airport on a daily basis. 

Airport Commissioner Bill Waker stated, "That is challenging, and I think it will be challenging for everybody as we go forward, and there's some things that may have been issues in background checks in the past that may not be considered to be an issue in the future," he said. "It just depends on how egregious the background might be. It's a problem that's going to be a nationwide issue."

Hiring Workers With A Criminal Record 

U.S. banks are advocating for Congress to amend Section 19 of the Federal Deposit Insurance Act, which addresses that individuals with a criminal record must receive government approval to work at a bank. Banks want to amend this law to eliminate barriers during the hiring process. 

The Bank Policy Institute is a nonpartisan public policy, research, and advocacy group, which represents the nation's leading banks. JPMorgan Chase & Co. and Bank of America are some of its members that would like to ease these restrictions. 

According to Bloomberg, JPMorgan's Michelle Kuranty, Executive Director of Talent Acquisition Sourcing, stated in an interview that "There is a really huge demand for talent in every industry in every labor market, and this is a talented set of individuals who can and should be able to contribute in this labor market." JPMorgan employed 2,100 people with a criminal record in the U.S. last year, 10% of all new hires.  

While criminal history should not be the foundation for hiring an applicant or not, it can play a role in the hiring process. JPMorgan is an example of an organization tapping into the talent pool of people with a criminal history.

What To Consider When Hiring Applicants With A Criminal History

According to a survey conducted by the Society of Human Resources Management (SHRM), it  showed that out of 1,102 respondents:

• 79% of respondents would be comfortable working for an employer if a few of their co-workers had a nonviolent criminal record.
• 76% of respondents would be comfortable working for an employer known to hire people with criminal records.
• 56% of respondents would be comfortable working alongside co-workers who have spent five or more years in prison. 

President and CEO Johnny C. Taylor Jr. of SHRM-SCP and SHRM stated, "Nearly 700,000 people are released from prison each year, but too often they are denied the opportunity to put their skills to work due to deeply rooted biases and harmful misperceptions." 

SHRM Recruiting Tips:

• Connect with local re-entry organizations and probation and parole departments. They can train people for the skills an employer needs and help with job placement.
• Use the SHRM Foundation's Getting Talent Back to Work (GTBTW) digital toolkit. Additionally, SHRM's Second Chance Business Coalition provides resources for hiring and advancing the careers of those with criminal records.
• Adopt a statement that makes it clear your organization does not discriminate for any legal reason, including on the basis of a past criminal record.
• Partner with legal assistance organizations to identify people on a case-by-case basis who are eligible to have their criminal records expunged or sealed.
• Be thoughtful about the background-check provider you use. Some do a better job than others of demonstrating their awareness of state laws, such as "ban the box," and are transparent about how far back they check someone's history.
• Train hiring managers to be empathetic when speaking with job applicants, publicize that the training is part of your DE&I strategy, and encourage those employees to earn their GTBTW certification.

With 36 states having Ban-the-Box policies, which prohibits employers from considering a candidate's criminal history until after a job offer is made and/or revoking the candidate's job offer because of their criminal history, employers should consider asking themselves these questions:

• How long has it been since last convicted?
• What was the nature of the offense?
• Is the criminal offense violent?
• Are there charges pending?
• What is the nature of the job?

Depending on the industry and the requirements that need to be met for screenings, not overlooking this talent pool could help fill positions and help with your employee retention. 

How Orange Tree Can Help

Adjudication tools, like Orange Tree’s HireGuide, can assist your Human Resources and Talent Acquisition staff meet Second Chance opportunities consistently and quickly.  By creating a mechanism that provides consistent parameters to your organizations hiring policies, that your organization is consistently following Ban-the-Box and Fair Chance Act protocols with all candidates and have a built in “empathy” check when considering past criminal behavior.

Further, creating Adjudication practices based on positions will allow an organization to fill positions quickly and accurately freeing up precious time for your Human Resources and Talent Acquisition staff.

Schedule a call to learn more about how Orange Tree can help with your criminal background checks.

We recommend employers review and discuss with your legal counsel your organization’s policies and procedures to ensure continued compliance with the changing laws and regulations.

Orange Tree performs extensive criminal background searches, including National Criminal Records Search, National Sex Offender Registry search, county and statewide searches, federal criminal record search, and more. 

2. Are we using compliant applicant disclosure and authorization forms?

You must keep track of what forms you are using to ensure proper authorization for background checks and remain compliant with the Fair Credit Reporting Act. 

There are several forms to be aware of in this area. Disclosure forms are different from consent forms, for example. A drug screening consent form is needed if you are doing those tests. Candidates must provide authorization to the background check. And if you are using a vendor, you must disclose that to the candidate. 

3. Are we handling candidates with criminal offenses properly?

The Equal Employment Opportunity Commission has said in the past that companies should not automatically exclude applicants who have a criminal record. 

Whether working on your own or with a background check provider, you should be conducting further analysis if a candidate with a criminal record comes up in your hiring process.

You'll want to review the nature of the offense and how serious it was. The time that has passed since the crime was committed is also important. Finally, does the crime have anything to do with the job? If not, the offense shouldn't necessarily be considered in the hiring decision. 

4. Is our application compliant?

States and cities have passed "Ban-the-box" laws that make it illegal to have an application that includes a box for someone to check if they were convicted of a felony or other crime.

The laws were put in place to promote a different way of hiring, focusing on evaluating the candidate and if they would be a good fit for an organization rather than automatically disqualifying them because of past criminal convictions. 

Thirty-six states have ban-the-box laws for public jobs, with 13 states having them for private employment. More than 150 cities have passed laws too.

5. Do we send the correct adverse action letters?

Adverse action letters continue to be a hot topic in the hiring world. Adverse action means employers will not be hiring someone because of what was found on the background check. 

In some states, if candidates are disqualified from a job because of the results of a background check, employers are required to list the convictions that influenced their decision.

Orange Tree can help you properly execute the three-step background check process for letters that is in the FCRA. Our services include helping you customize your letters for your business policy. We can also take care of the administrative tasks and delivery of the letters and other required notices for you. Each step is annotated, so you'll see how the background check process was completed while also have proof if your company is ever sued.  

There's a lot to think about when conducting background checks now. If your company would like to take a thorough approach, Orange Tree has more than 30 years of experience. 

Speak with our team to learn more about how we can help you complete compliant background checks. 

How does it work?

Orange Tree's adjudication tool HireGuide™ allows employers to define their hiring policies and adjudication guidelines and is enforced by our adjudication specialists to review discrepancies on applications. This service automates the decision process and makes hiring easier, more consistent, and increases compliance.

HireGuide™ helps those managing a large number of candidates, creating efficiencies when a candidate's report is clear and controlling information and permissions when a report requires additional review.

Advantages:

• Identifies candidates eligible for the individualized assessment process.

• Supports consistent, company-wide employment decisions within job classifications.

• Minimizes errors throughout the hiring process.

• Reduces the time needed to review results (up to 80%).

• Supports efficient candidate onboarding.

Stay Compliant and Informed with Orange Tree

When you’re focused on running a business, it can be difficult to ensure that you are up to date on changing requirements. At Orange Tree, we understand the challenges that this can present, and we’re here to help.

Our ability to closely monitor all relevant updates is just one of several ways that we can eliminate distractions from your workday, so you can dedicate your full attention to your employees and your organization.

To learn more about the many benefits of partnering with Orange Tree, schedule a call to learn how we can help you maintain a consistent and compliant hiring process.

Like with other parts of the background check, it’s often best to leave the screening to professionals like Orange Tree. Not only will we provide complete FCRA compliance, but we’ll navigate federal, state, and local laws for you. For example, some state laws dictate how long some information can be reported from the past. Some areas also have laws that say you must notify the candidate of any information used to deny them employment. Federal regulations mandate that you share all information used to take adverse action and not hire someone.

Employers also have to be careful of discrimination claims along with accuracy and laws that cover background checks. 

How do you know you have found the correct profiles?

The truth is you may not know for sure, which is an excellent reason to use a third-party vendor like Orange Tree. There are more than a billion fake accounts on Facebook alone. You can sometimes cross-check information that the candidate provides, like email addresses. But the nature of social media means there’s never a guarantee, even for a LinkedIn profile. 

You can never know with 100 percent certainty that anything you find on a social media profile is accurate or posted by a user. Accounts can be hacked or abandoned. Sometimes people share accounts or passwords. However, you can use a social media background check search to learn more about your candidate with due diligence.

Schedule a call to learn more about Orange Tree's Social Media Screening services today! 

It’s wise to select an experienced background check screening provider. Orange Tree can work with you to set up a background screening program with customized checks to meet your needs. We also offer technology to make the entire process faster and easier for you and your candidates. 

What types of background checks can be performed?

Background checks can cover many different areas. Some of the more common ones include criminal background, employment verification, education verification, professional license verifications, professional reference verifications, consumer credit, and driving history.

Can my company perform different types of checks?

Yes. If you have financial jobs that you are hiring for, it probably makes sense to do a credit check and federal criminal background check to ensure there are no red flags in your applicant’s history. If you are hiring for a driving position, performing a motor vehicle records check is probably one of the most important checks you’ll need to perform.

Orange Tree works with you to tailor your background checks to the position.

How long does a background check take?

Generally, the turnaround time for background checks will depend on the type of check you are running. On average, most background checks take between 1-5 business days. 

At Orange Tree, our average turnaround time is 1-3 days. Our mobile technology can decrease your turnaround time by a full day because we make it easy for your candidates to give consent and provide information.

What type of compliance is needed for a background check?

Some specific laws and regulations must be followed for all background checks. 

The Fair Credit Reporting Act: The FCRA is a federal law that regulates a person’s consumer reports and other information that credit reporting agencies obtain. If you do a background check, you must disclose, authorize and get consent to perform the check. 

If you decide not to hire someone because of what you find, you must file an adverse action report. That process includes sending a pre-adverse action notice with the report. You also must send them a list of their rights. Your candidate will have time to respond. At the end of the process, you send an adverse action notice. 

Fair chance hiring laws - Also known as “Ban-The-Box” laws, these laws mainly mandate that there be a delay by a prospective employer for asking for an applicant’s criminal history until a conditional offer is made or the candidacy goes deeper into the interview process. It’s the law for public hiring in 150 cities and counties, 35 states, and the federal government. In 14 states, it’s also a law covering private companies. The law allows people to demonstrate their qualifications before disclosing their criminal history. 

Title VII of the Civil Rights Act of 1964 - The Equal Employment Opportunity Commission enforces the law that prohibits discrimination based on race, color, sex, religion, or origin. Businesses must ensure their background screening policies do not discriminate against protected groups. 

Consent: Consent is a fundamental part of the background check process. Employers are required to let their candidates know in writing that they’ll be conducting a background check as part of the employment process. Your business must provide a document that straightforwardly conveys this information.

What happens if you are not in compliance?

A business that is not in compliance runs the risk of facing some negative actions. Those include fines, lawsuits, and having to settle potential litigation.  

Get expert help for compliant background checks

Work with an experienced background screening provider. For more than 30 years, Orange Tree has performed background checks and helped companies make quality hires.

We are experts in FCRA, fair chance hiring, and other compliance measures. Let us guide you through the process and perform fast background checks to make hiring decisions quickly. 

Schedule a call to learn how Orange Tree can help your company today!

To learn more about DOT and FMCSA background checks, read our blog here

In general, regulated and non-regulated would benefit from running MVR checks annually at a minimum. 

What's continuous MVR monitoring?

Since MVR checks are not always conducted on a routine basis, it makes sense to have monitoring in place so you can catch driving issues before it becomes a significant liability for your company.

You can monitor employees with Orange Tree technology that allows you to be notified if an issue appears in your employee's MVR. You'll always have current information to make decisions. Suppose an employee has a criminal charge, loses their license, or commits a behavioral issue. In that case, monitoring can detect and let you know immediately. 

Continuous monitoring serves as another way to protect your workplace against potential liability from reckless behavior. You have no way of knowing what an employee will do after you hire them. Continuous monitoring solves that problem. 

Protect your brand

With a Motor Vehicle Check, you can find out if your potential employees have any past convictions or violations. MRV checks are an essential part of screening before hiring drivers for your company. It's also a good idea to consistently monitor their driving habits once they start working with you.

Orange Tree can help by providing fast, affordable MRV checks and MVR monitoring services that will give you peace of mind. For more information about our MVR services or our other background screening services, schedule a call with us today. 

• Criminal background checks

• Employment verifications

• Education Verifications

• Professional License Verifications

• Professional Reference Verifications

• Consumer Credit Report

• Driving History Checks

What is a criminal background check? 

A criminal background check provides information about an individual's criminal history. Employers use criminal background checks as part of a comprehensive screening process on potential hires and existing employees. These records help the employer assess the possible risk an individual might pose in their workplace.

 What does a criminal background check show?

The information that shows up on a criminal background check can include felony and misdemeanor court records, including deferred, pending, failure to appear, and warrant information as allowed by the Fair Credit Report Act (FCRA).

In most U.S. states, crimes are divided into two broad categories: misdemeanors and felonies. The most significant difference between the two is the maximum punishment. 

Misdemeanor crimes are punishable by fines and/or county jail time for less than a year. Some examples of misdemeanor crimes:

• Shoplifting
• Simple assault 

Felonies are series of offenses that carry a penalty of incarceration from one year to a life sentence in state prison. It also includes the death penalty. Some examples of felony crimes:

• Murder
• Rape

To learn more about the most common types of criminal background checks, read our blog here.

What are verification checks?

Criminal history searches are just one piece of a thorough background check process. It won't provide any information about an applicant's past employment and education history. These details must instead be checked using verification checks. A few other verifications are available, including employment history, education, professional licensing, reference checks, credit history, and driving history checks (MVR).

What shows up on employment verifications?

Employment verifications confirm the work history provided on your applicants' résumés. This process verifies past and current employers and may also include employment dates and positions held. Employment verifications can help employers quickly identify applicants with discrepancies in their résumé or work experience, such as employment gaps. 

Related: What is Employment Verification? Everything You Need to Know

What shows up on education verifications?

The education verifications provide confirmation of the claimed degree, diploma (or GED) or certificate obtained or attended, as reported by the candidate. In addition, attendance dates, graduation date and major (or field of study) may be verified. 

Related: What Is Education Verification and Why Is It Important?

What shows up on professional license verifications?

Professional verifications provide employers with validation of a candidate's licensure, certification, and other credentials. Professional licenses are generally state or national issued documents that show the individual is legally authorized to work in certain professions. 

What shows up on professional references?

Before making an employment decision, you may want to gather perspective from another party who has had professional experience with the candidate (e.g. former boss, colleague, etc.) via reference check. This information provides insight as to the candidate’s track record of performance and capabilities.

What shows up on a consumer credit report?

A Consumer Credit Report is an "Employment" credit report from one of the major credit bureaus. Consumer credit reports provide information about a candidate's financial history. They may reveal indicators of finical irresponsibility that could affect your organization. It is recommended for any candidates handling cash or accounts payable/receivable to have access to company credit card information or client credit card information.

The report may include information on the following: current/past trade accounts, current/past lines of credit, bankruptcy, accounts in collection, payment history, addresses and names associated with the consumer, other inquiries into the credit history, limited information about the consumer's employment history.

As required by the Fair Credit Reporting Act, an "Employment" credit report does not include a credit score.

What shows on a driving history check?

The Driving History background check (MVR) provides validation of the driver's license number provided by the candidate as driving history in the state of issue. Information varies state by state but generally includes violations in the last three years and confirmation of the name on the license, issue date, expiration date, and a class of license.

To ensure a background check complies with federal and local regulations, work with an FCRA-compliant provider. Orange Tree is one of the leading providers in this space because we are committed to the highest standards for all our clients.

Contact us today if you need more information about how we can help your business comply with screenings requirements and stay compliant moving forward. We offer both standard and customized packages that will meet your needs.

Want to learn more about how our team can be of service to your organization? Schedule a call today.

Orange Tree can ensure your backgrounds checks are compliant and up to date with relevant state and local laws.

Schedule a call to learn more. 

The Sex Offender Registration and Notification Act (SORNA) is a federal law that requires states, the District of Columbia, Native American nations/tribes, and U.S. territories to monitor and track convicted sex offenders.

All fifty states requires convicted sex offenders to register. Those convicted of more violent crimes are also typically required to update their addresses more frequently and remain registered for an extended period.

Sex offenders who fail to register or update their registration may face additional penalties and up to ten years in prison.

Per the United States Department of Justice:

"It is a federal crime for an individual to knowingly fail to register or update his or her registration as required pursuant to the Sex Offender Registration and Notification Act (SORNA). For example, a sex offender is required to update their registration in each jurisdiction they reside, are employed, or attend school."

The SORNA categorizes crimes into three tiers, with each tier requiring specific self-reporting requirements.

Below is an overview of each tier and the requirements for sex offenders after they are released from prison.

Tier III

The most serious level of sex offenders. Tier III offenders are individuals that were previously convicted of a tier II offense whose crime is punishable by 1 + years in prison. Conviction of tier III crimes have a lifetime reporting requirement for offenders. Examples of tier III offenses are convictions that involve:

• Sexual contact with a minor under 13 years old.
• Aggravated sexual abuse.
• Non-parental kidnapping of a minor.

Tier II

Offenders that were previously convicted of a Tier I offense whose crime is punishable by 1 + years in prison. Convictions of tier II crimes have a 25-year reporting requirement for offenders. Examples of tier II offenses are convictions that involve:

• Production or distribution of child pornography.
• Sexual Exploitation of Children.
• Sex trafficking.

Tier I

Offenders convicted of offenses that involve a sexual act or contact with another individual are not included in tier II or tier III. Convictions of tier I crimes have a 15-year reporting requirement for offenders. Examples of tier I offenses are convictions that involve:

• False imprisonment of a minor.
• Being in possession or receiving child pornography.
• Video Voyeurism of a Minor.

What Shows Up On A Sex Offender Background Check?

The NSOR contains information, such as the following, about persons convicted of sexual offenses:

• First and last name.
• Address matches.
• States in which the person is registered as a sex offender.

Orange Tree's NSOR service completes a search of a national database of sexual offender records from all 50 states, the District of Columbia, and Puerto Rico (including registered sex offenders).

The National Sex Offender Registry search will occasionally provide information on the tier level; however, this information is not typically provided as part of a standard report.

Orange Tree can help employers remain compliant by reporting the underlying criminal offense that got the individual placed on the sex offender registry (if allowable per the FCRA guidelines).

What is the FCRA requirement for a Sex Offender Background Check?

Section 613 of the Fair Credit Reporting Act (FCRA) has special requirements about the use of public record information (ex. Database searches like the NSOR) for employment purposes. When a potential criminal record is found, background screening providers must do one of two things.

1. Notify the consumer that public information has been found, which may adversely affect their ability to obtain employment, provide the name and address of the person receiving the information.
2. Maintain "strict procedures" that ensure the information collected is accurate and up to date.

What are the limitations of a Sex Offender Background Check?

As with the National Criminal Record Search (NCRS), the NSOR database records may not be current or complete. For instance:

• The NSOR database is updated inconsistently, i.e., at various time intervals.
• Some sex offenders fail to Register.
• Some states limit the reportability of offenses under a certain level.

To overcome these shortcomings of the NSOR search, Orange Tree recommends including a county and or statewide criminal check as well as a National Criminal Records Search (NCRS). Adding these searches provides a more comprehensive look into the candidate's background.

Why should you do a Sex Offender Background Check?

A Sex Offender Registry Check can quickly identify someone on the NSOR. Identification of potentially risky candidates is essential for any company. This search is especially important for employers who work with vulnerable persons (the young, sick, disabled, elderly), the public, customers, or other employees.

Other industries and positions that may benefit from a sex offender search in the background check include:

• Healthcare positions that require direct contact with patients or family.
• Roles in human resource, legal, marketing, or finance departments.
• Jobs in public-facing industries such as hospitality, dining, in-home services, education, etc.

You may also want to consider screening anyone who volunteers for your company or represents your company in any way.

Most Orange Tree clients search the NSOR as a standard part of their criminal records searches. Taking this step will provide some much-needed peace of mind.

Ready to get started with criminal background checks?

Orange Tree provides comprehensive background solutions explicitly designed in the employer's best interest. We regularly help our clients create screening packages based on the responsibilities and risk level associated with their open positions. We design compliant, legally defensible solutions that align with our clients' specific business policy.

Schedule a free consultation to get started today.

A national criminal background check is one of the most commonly used checks in background check packages.

It searches a database to locate felonies and misdemeanor records that may have occurred at the county or state level. It's an essential starting point for a criminal background check. It may locate records outside of where the candidate has resided.

Schedule a call today to see how Orange Tree can help you create and implement a compliant and thorough background screening program.

Orange Tree’s National Criminal Record database contains over 500 million records from over 1,000 sources including Department of Corrections, Administrative Offices of the Court, County Courts, Departments of Public Safety, Bureaus of Investigations, Criminal Apprehensions and Parole and Probation, County arrest data, and other warrant lists and registries.

Why should you do a National Criminal Background Check?

State and county borders are easy to cross, and people may commit a crime in a jurisdiction outside of where they live.

• For example, let’s say your applicant has only ever lived in New York but committed a felony in Florida during a trip. If you only searched New York, you wouldn’t know about the crime they committed and could be putting your workplace at risk.
  
  
• Rather than searching every single county or state (very costly and time consuming),performing a national criminal records check is a great and affordable way to widen your search to find possible records outside of where your applicant has lived.

Benefits of the search: Widens the search beyond state and local jurisdictions where an applicant has lived and catches any potential criminal records that may not show up immediately or in a statewide search.

Limitations of the search: A database is an aggregation of many jurisdictions, and depending on the database your background provider uses, records may be limited by how frequently and thoroughly the sources are updated.

What is the FCRA requirement for a National Criminal Background check? 

Due to the nature of this search, if a record is found one of two steps need to be taken to be compliant with the FCRA.

• Have a strict procedure in place to ensure that public record information that is reported is complete and up to date.
  
  
• Notify the consumer that the negative information has been found and also include the name and address of the person who will be receiving the information.

For this reason, at Orange Tree, we consider a database search a record finder only. To keep our clients compliant with the FCRA, we automatically perform a confirming search at the county/state court.

What is a National Sex Offender Registry Search?

The "National Sex Offender Registry" (NSOR) helps identify if a candidate is listed as a registered sex offender. These registries contain information about persons convicted of sexual offenses and generally also includes their name, any possible address matches, and the state they are registered. All fifty states require individuals convicted of certain sex crimes to register. Those convicted of more violent crimes are typically required to remain registered for a longer period and to update their address more frequently.

Orange Tree’s NSOR service completes a search of a national database of sexual offender records from all 50 states, the District of Columbia and Puerto Rico (including registered sex offenders).

Why should you do a National Sex Offender Check?

Early identification of potentially risky applicants is essential for any company. Still, it's particularly critical when your business entails interaction with:

• Elderly
• Children
• Sick, disabled, or otherwise vulnerable individuals
• Outside clients

A Sex Offender Registry Check can quickly identify if someone is a risk to a vulnerable population and the general public, including employees and customers.

What are the limitations of the National Sex Offender Check?

As with the NCRS, the NSOR database records are updated at various times and may not be current or complete. Additionally, despite being required to register, some sex offenders fail to do so and some states limit reportability of offenses under a certain level. That’s why it’s recommend to include a county and or statewide criminal check with the NSOR for a more complete search.

Orange Tree Insight: If a record is found by this search, it is recommended to check the state’s sex offender registry to confirm the applicant is still actively registered as a sex offender. When possible, Orange Tree also will attempt to locate the sex offense at the county/state level.

What is a County Criminal Background Check?

All felony and misdemeanor crimes (which make up the majority of crimes) are tried at local jurisdictions and filed in county courthouses. This makes this search an essential check to include in a background screening program. These records are housed in the 3,200 + counties in the U.S. and contain the most accurate and up-to-date information.

• What’s included: all felony and misdemeanor record accessible (not “arrest only” records) including pending cases, convictions, adjudications withheld (during hold period), and active warrants.
• What not included: non-criminal records such as traffic violations, infractions, petty (by state statute) crimes, dismissed, and any expunged/erased or deleted records.

Additionally, if a record is located the background report may include the following information:

• Level of offense.
• Disposition.
• Age of record.
• Identifiers used to match the record to the applicant.

Scope of County Criminal Background Check

The scope of a criminal search refers to the number of names (current name, last name aliases, or all aliases) and addresses (current address, most recent previous, all address the applicant has lived in for the last 7 or 10 years, all address where they were employed and all addresses where they attended school. ) searched.

Why do names matter in a County Criminal Background Check?

The challenge is that there is no universal method of record keeping across the U.S. county (and State) court systems. Criminal records are normally filed by name (some may have a date of birth, but rarely a social security number).

Before reporting any found records, background screening companies must:

• Search for identifiers that are on the record match the candidate.
• See if the record is reportable under State and Federal FCRA laws.

Records may be missed if they aren’t filed under the name searched and if the applicant has a common name (and no other identifiers), your turnaround time may be delayed. Including last name or all AKAs can help locate additional records and speed up the TAT of your search.

Why do addresses matter in a County Criminal Background Check?

The standard time frame for background checks is 7 years. But if you’re only searching their current address, you may not be getting a “7 years of criminal history”. What if your applicant has only lived in their current address for 2 years? Any crimes they committed the previous 5 years could be missed.

How is the County Criminal Record Check Performed?

The search method depends on the county. Some counties don’t make their records available electronically, so these records must be searched manually at the county courthouse by clerks, a researcher onsite, or the using the same repositories used by the clerk.

For county records available electronically, the search can be performed online using the same databases utilized by the court clerks.

What isn’t included in a County Criminal Record Check?

The search does not cover any crimes tried at the federal district courts. Depending on the industry and position you are hiring for, you may want to include federal criminal checks as part of your screening program.

What is a Statewide Criminal Record Check?

Statewide criminal checks search state criminal repositories for criminal records. The state repositories vary by state and may include statewide repositories, state agencies, state highway patrol department, state department of corrections, and state county databases.

This search can help uncover additional records outside of the candidate’s current county. It reports all available felony and misdemeanor records. This includes convictions, deferred records, pending records, failure to appear and warrant information, as allowed by state law.

The availability and quality of this search varies by state and by how frequently the database is updated. Some states also have additional requirements such as fingerprinting or required special forms that can significantly slow down turnaround time.

Depending on the background screening company you are working with they may do a county first then add a state or do a county or statewide check.

• Complete Statewide: Statewide criminal record repository provides information that is the same or more inclusive than a county search. Ultimately, this would translate to full statewide records for the price of a single county search.
• Partial Statewide: Statewide criminal record repository is not inclusive of every county or not updated frequently.

How is the Statewide Criminal Record Check Performed?

Statewide checks are accessed via state repositories vary by state and may include statewide repositories, state agencies, state highway patrol department, state department of corrections, and state county databases. The search can be performed in person, by phone, via fax, online, and through a direct integration with the state.

What isn’t included in a Statewide Criminal Record Check?

Not all counties report into the state database frequently, if at all and statewide checks will not return federal records. Some county records may be missed when doing a statewide alone.

What is a Federal Criminal Record Check?

Federal laws, or statutes, are created by the United States Congress to safeguard the citizens of this country. Some criminal acts are federal offenses only and must be prosecuted in Federal District Court. More companies are considering Federal Criminal searches as standard practice for background screening. As these charges do not appear on the state or county level, a federal records search provides a more fully comprehensive view into an employees’ background by revealing higher-level, white-collar crimes and those occurring across state lines. This search is ideal for high-level positions, for employees with access to secure or financial information or for all employees in the financial or banking industry.

Federal criminal records are cases brought by the Federal government from 94 federal district courts nationwide, including:

• White-collar crimes
• Kidnapping
• Fraud
• Illegal sale of firearms
• Embezzlement
• Wire fraud
• Tax evasion
• Immigration law violations
• Capital punishments
• Robbery
• Interstate drug trafficking
• Mail fraud

How is the Federal Criminal Record Check Performed?

Orange Tree searches the U.S. district courts for federal crimes using the online U.S. Federal Government PACER record system that covers all 94 federal jurisdictions. The district in each state stores federal criminal records. The U.S. District Court for each state can have one district or may be divided into multiple districts.

What isn’t included in a Federal Criminal Record Check?

A federal criminal search will not return results on county or statewide criminal records. A county criminal search or statewide criminal search will not return results on the federal level.

Ready to get started with Criminal Background Checks?

Orange Tree Employment Screening is here to help employers like you find the best fit for their open position. You must consider the different types of criminal checks when hiring and retaining employees. This will help you choose the best background screening plan for the industry and position you are hiring for and protect you from risk!

With over 30 years of experience, our team at Orange Tree understands the legal and financial implications of employers' hiring practices. We are committed to working with employers to design and implement a comprehensive screening program that fits their business needs. Our team can assist you every step of the way to prevent negligent hiring lawsuits.

Want to learn more about how our team can be of service to your organization? Schedule a call today.

The information that shows up on a criminal background check can include felony and misdemeanor court records, including deferred, pending, failure to appear and warrant information as allowed by the Fair Credit Report Act (FCRA).

In most U.S. states, crimes are divided into two broad categories: misdemeanors and felonies. The most significant difference between the two is the maximum punishment. 

Note: crimes can be prosecuted as a felony or misdemeanor and felonies can be reduced to a misdemeanor at the sentencing.  Crimes can be reduced over time via government legislation.

Why should you perform criminal searches as part of your background check?

As an employer, you are liable for any harm that results from your employee’s negligent acts. Companies lose millions of dollars per year in lawsuits for neglecting their responsibility to keep their workplace, customers, and the public safe.

Negligent hiring lawsuits look at two things:

1. Did the employer exercise “reasonable care” in choosing or retaining the employee?

2. Did the employer place an employee, “it knew or should have known” predisposed to do wrong?

For example, suppose an employer was to hire someone, and they harmed another employee. In that case, the employer may face negligent hiring claims if it failed to conduct a reasonable investigation to discover if the individual could harm others or be fit for the position.

Performing criminal searches are considered “reasonable care” in choosing or keeping an employee. Not only does it help your workplace and customers safe, it also helps to keep you out of the courtroom.

How does the position or role you are hiring for affect the criminal background check?

Background providers like Orange Tree search databases and courts to find criminal information. Typically, the search will include national criminal and sex-offender databases, state and/or county courts, and federal districts.

Depending on the risk associated with the position you are hiring for and the industry you are in, certain checks will be more applicable than others.

For example, if you are hiring for a management position in finance, the person in this role would have access to your company’s financial information. In this case, you would want to include a federal check in addition to a state/county criminal search in your background check for any financial crimes such as theft and bank fraud.  Some financial crimes such as money laundering are processed by the federal government instead of by county and state courts.  Federal court records are separate from county and state court records.

However, if you are hiring for an entry level position that wouldn’t give your candidate access to your company’s financial information, you may just process a county / state criminal search.

The amount of information from a criminal search returned to your background provider depends on the scope, or the number of addresses and/or names searched, and the depth, or the number of years included in the search.

What types of criminal background checks are there?

There are two avenues your background provider can use when performing a criminal background check:

1. Using a database of criminal records (database checks).

2. Directly searching the county, state and federal court records. We will expand on these below.

What is a database search?

A database search includes criminal records from a variety of sources. Some vendors compile their own, some purchase information from an outside vendor, and some use a combination of these two approaches.  Whenever acquiring this service from a vendor, you should ask about the data.  What are the sources of this information and how often is it updated?

Database searches cover multiple jurisdictions over a long period of time. They include:

Database checks are a great compliment to a thorough county criminal history search.  Orange Tree encourages clients to include this service on its background checks to identify convictions that might have occurred in counties where the person did not ever reside.

People travel for many different reasons and may commit a crime in a location other than their county of residence.  And while asking a candidate to “self-report” criminal activity during the background check itself, an employer needs to take the necessary steps to discover this information independent of the candidate’s declaration.  

After all, isn’t the essence of a background check to “trust, but verify”?

Are there limitations of doing a database only search?

A database is a collection of many jurisdictions, though not all, and records may not be current and/or complete. For this reason, Orange Tree considers it a “record locator” only and not confirmation of a criminal record.

When a potential criminal record is found from a database search, the Fair Credit Reporting Act (FCRA) 613 requires the background screening provider to do one of two things.

1. Notify the consumer that public information has been found which may adversely affect the candidate’s ability to obtain employment.  The consumer must also be told the name and address of the person who will be receiving the information.

2. Maintain "strict procedures" that ensures the information collected is accurate and up to date.

When a record is located from this search, Orange Tree automatically confirms it at the applicable jurisdiction before reporting it to our client.  We do so in order to keep our clients compliant with the FCRA.  The vast majority of our clients prefer that we conduct this additional step on their behalf.  It not only helps maintain compliance with the “accurate and up to date” language of the FCRA, it enhances the candidate experience and greatly reduces the turnaround time of the background check.

What are court record checks?

Cases in the U.S. are tried in two different court systems: county/state and federal.  Different types of cases are tried in these two separate jurisdictions.

Why should you do a county criminal check? 

Most felony and misdemeanor cases are filed in county courts. Because of this, county criminal record searches are one of the most complete sources for criminal records.

Not all counties report records to state databases or do so infrequently. Performing a statewide search alone could lead to missed records that may have been found at the county level.

County criminal records are located in 3,242 court jurisdictions across the U.S. and its territories.  These records would not be found in a federal check.

County searches are conducted on-site at the county courthouse or electronically by the same databases utilized by the court clerks.

How are county criminal checks performed?

Background providers access county searches in a variety of different ways.  These include directly at the courthouse through public terminals, integrations with jurisdictions’ online repositories, and through coordination with the court clerk.

Why should you do a statewide criminal check?

Depending on the state, statewide checks may be a better alternative to a county check.  Some states allow the county and the state repositories to share a unified database. In those states, the statewide criminal record repository will provide information that is the same or more inclusive than a county search. Therefore, a statewide search would be most likely be more beneficial in terms of information and price.  

Some background screen providers charge the same fee for a “per county” and statewide search. You’ll want to ask your provider for their billing policy.

• A statewide criminal record search obtains criminal records from various sources, depending on each state system (i.e. state repositories, state agencies, and unified all-county database).

State record repositories vary by state and may include statewide repositories, state agencies, state highway patrol departments, state department of corrections, and state county databases.

Statewide searches are done on an “as available” basis. Not all states have a publicly accessible repository, provide timely access, or have full and accurate records.

Are there limitations to doing a Statewide only check?

Not all counties report into the same database, and each state database functions differently.

For example, Colorado’s database includes reports from all 64 counties. Therefore, performing a statewide check would lead to a complete search.

On the other hand, Texas’s statewide search does not cover all 254 counties. It contains only 65-70% of the actual records found at the county level. Performing a statewide check alone could lead to missing records.

There are different approaches taken by background screen providers to how criminal records are delivered.  Some bill by county irrespective of the availability of a statewide search and vice versa.  Additionally, many counties and states assess court fees for obtaining court records.

Therefore, it is important for you to work closely with your provider to understand their policies.

Why should you do a Federal records check?

Federal searches provide criminal information into higher-level, white-collar crimes and those occurring across state lines.

This search will find records from court cases brought by the Federal Government.  Such cases include, but are not limited to, cybercrime, bank robbery, embezzlement, counterfeiting, terrorism, weapons violations and drug trafficking.

This search is applicable for higher-level positions within organizations, employees with access to secure or financial information or all employees in the financial industry.  It could be presented that a federal search that should be run for all IT professionals.  While most states now also have corresponding cybercrime offenses, money laundering, larger scale identify theft operations, and hacking aimed at government networks are federal offenses and definitely something to be discovered during the candidate vetting process.

Are there limitations to doing a Federal only check?

The main difference between a federal crime and other crimes is that a federal crime is prosecuted under federal law in federal courts. Because of this, a county criminal search or a statewide criminal search will not return federal records.

How long do criminal background checks take?

The turnaround time for criminal background checks depends on the type of check (database or court records) and the method used to access the information.

Some checks, such as the national criminal records search and the national sex offender search, can be completed instantly, while others can take anywhere from 1-5 business days.

What factors impact turnaround time?

The industry average turnaround time for most criminal searches is between 1-5 business days.  This may seem like a wide range in performance, but there are a number of factors that impact the timeliness.  The search scope and depth, geographical location of the courts, and the availability of electronic access impact the final deliverable.

Availability of Information

County and statewide criminal records can be accessed in a variety of different ways. Depending on the access method, some searches are returned the same day, while others may take several days or more.

Candidate Responsiveness

One of the biggest factors in turnaround time can be the responsiveness of the candidate.   The criminal searches can only begin once the candidate provides consent and the necessary personal information.

In order to initiate criminal checks, candidates must:

1.     Provide their name (or names), address (or addresses) they’ve lived, date of birth, and social security number.

2.     Acknowledge a receipt of compliance forms such as the Summary of Rights Under the FCRA.

3.     Sign the background check authorization and disclosure forms.

This process can be facilitated when there is an integration with a company’s applicant tracking system (ATS).  Candidate information can flow directly from the ATS to the background screen providers system so the work can begin.

How do you get started with criminal background checks?

Orange Tree delivers fast, easy, and accurate background checks.  Background checks play a key role during the screening process. As an employer, a candidate’s criminal history must be considered.

Orange Tree provides comprehensive background solutions designed specifically in the employer’s best interest. We regularly help our clients create screening packages based on the responsibilities and risk level associated with their open positions. We design compliant, legally defensible solutions that align with our client’s specific business policy.

Want to learn more about how our team can be of service to your organization? Schedule a call today.