How far back should background checks go?

How Far Back Should Background Checks Go?

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Who is Mike McCarty?

CEO SHS Metro Nashville PD Domestic Violence Division Breaking the Cycle iRefCheck

Background Screening Industry Highly unregulated Low quality products Low quality service Provides what market

wants instead of what market needs

Background Screening Assumptions

Background checks provide all criminal records

All names included National database is

complete Fingerprint will tell us

everything

What Impacts Reporting of Criminal Records? FCRA EEOCState Law RestrictionsChange in DispositionCourt Policies

Fair Credit Reporting Act Applies to all forms of

background screening if using CRA

Protects consumers Requires use of “up-to-date”

information One click criminal database

searches NOT compliant Verify information with

court of record Does NOT apply to

volunteers

FCRA Limitations Limits arrest/ non-

conviction report to 7 years; unless

Salary is $75K or above

No limit on convictions

EEOC Requirements Limits use of non-convictions Conviction alone is not

enough 3 pronged approach:

Nature of crime & time since committed

Position sought How crime impacts position

State Law Restrictions States can further

restrict FCRA 12 states restrict

reporting of criminal records to 7 years;

7 of those states only restrict if salary is $20K or less

Why Do We Have 7 Year Rule? FCRA was amended in

1998 to remove 7 year limit on convictions

State restrictions for employment

Why does 7 yr rule exist when majority of states have no restrictions?

Additional Issues Impacting Reporting States destroying

misdemeanor records after 10 years

Expungement Sealed Juvenile Record Archived

Varies by state & even county

So how far back should background checks go?

As far back as possible Complete picture of

applicant Compare to

application: dishonesty always grounds for denial

Laws and restrictions do not apply to volunteers

Volunteers No restrictions on

volunteers Can report all arrests,

non-convictions & convictions

We create employment & volunteer packages so we know if record is reportable

Where Does That Leave Us? Partner with trusted

screening firm who will: Search as far back as possible Filter records Keep you current in ever-

changing laws Committed to integrity of

FCRA Need policy based on EEOC

3 pronged approach

Questions? Send questions to Twitter: @SHSscreening

or Email me: mike.mccarty@safehiringsolutions.com

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