Frequently Asked Questions (FAQs) for Candidates

General Questions

Q1: What is a background check?

A: A background check is a process used by employers to verify an individual’s identity, criminal record, employment history, education, and other relevant details to ensure they are suitable for a particular position.

Q2: Why should we conduct background checks on potential employees?

A: Conducting background checks helps ensure the safety and security of your workplace, verifies the accuracy of a candidate’s resume, complies with legal requirements, and reduces the risk of hiring someone who may pose a threat to your organization.

Types of Background Checks

Q3: What are the common types of background checks we can conduct?

A: Common types of background checks include criminal background checks, employment verification, education verification, credit checks, driving records, and drug testing.

Q4: What does a criminal background check include?

A: A criminal background check typically includes a search of local, state, and federal criminal records to identify any past criminal activities, including felonies, misdemeanors, and arrests.

Legal and Privacy Concerns

Q5: Is it legal for us to conduct background checks on candidates?

A: Yes, it is legal to conduct background checks, but you must comply with federal and state laws, such as the Fair Credit Reporting Act (FCRA), which regulates how background checks are performed and used.

Q6: Do we need a candidate’s consent to run a background check?

A: Yes, under the FCRA, you must obtain written consent from the individual before conducting a background check. AuthBrdige will not conduct a background check on a potential candidate without permissible authorization.

Impact on Employment – Adverse Actions

Q7: Can a criminal record affect a candidate’s chances of getting hired?

A: Yes, a criminal record can affect a candidate’s chances of getting hired, depending on the nature of the crime, its relevance to the job, and your company’s policies. Some employers may overlook minor offenses or those that occurred long ago.

Q8: Can we deny a candidate a job based on their credit report?

A: While you can consider a candidate’s credit report, you must follow the FCRA guidelines. You cannot deny a job solely based on the credit report without first providing the candidate with a copy of the report and an opportunity to explain any negative items.

Q9: Can we deny a candidate a job based on criminal history on their background report?

Consult with your legal advisors regarding your specific situation. Some states have laws that restrict employers from making negative employment decisions based solely on a criminal history. Additionally, the Equal Employment Opportunity Commission (EEOC) issued guidance in 2012 under the Equal Employment Opportunity Act, advising against automatically disqualifying individuals based solely on their criminal history, as this may violate the Act. Although this guidance is not legally binding, the EEOC recommends employers consider specific factors when determining if a criminal record justifies job exclusion.

Process and Accuracy

Q10: How long does a background check take?

A: The time frame for a background check can vary but typically takes between a few hours to a day. Checks involving multiple jurisdictions or extensive employment histories may take longer. Completion of a background report may also vary depending on type of checks being performed.

Q11: What if there is an error in a candidate’s background check?

A: If there is an error in a background check, the candidate has the right to dispute it with the company that conducted the check. Under the FCRA, they must investigate and correct any inaccuracies.

Specific Situations

Q12: Do background checks include social media activity?

A: Some employers review public social media profiles as part of the background check process. However, you must comply with privacy laws and avoid discrimination based on protected characteristics.

Q13: Will a background check reveal a candidate’s salary history?

A: A background check typically does not include salary history unless you specifically request employment verification, which might include past earnings. However, some states and cities have laws prohibiting employers from asking about salary history.

Rights and Protections

Q14: What are candidates’ rights during a background check?

A: Candidates have several rights, including the right to consent to the background check, the right to be informed if information in the report is used against them, the right to dispute inaccurate information, and the right to receive a copy of their background check report.

Q15: Can candidates get a copy of their background check report?

A: Yes, candidates are entitled to a copy of their background check report. If the report is used to make an adverse employment decision, you must provide the candidate with a copy and a summary of their rights under the FCRA.

Q16: Is my candidate’s personal information safe and secure?

A: Of course! Our platforms are secured by SSL (need to clarify with kredifi on this) all information on our platforms are encrypted.[NR1] 

Legal in-depth

Q17: What laws and standards must I adhere to when conducting background checks in the U.S.?

A: When conducting background checks in the U.S., you need to comply with various laws and standards to ensure the process is legal and fair. Key regulations include:

• Fair Credit Reporting Act (FCRA): This federal law governs how background checks are conducted by third-party agencies. It requires you to:

1. Obtain the candidate’s written consent before conducting the check.
2. Provide the candidate with a notice of their rights under the FCRA.
3. Give a Pre-Adverse Action notice, including a copy of the report and a summary of rights, if you are considering an adverse employment decision based on the report.
4. Send an Adverse Action notice if you decide to take the adverse action.

•  State Laws: Many states have additional requirements and restrictions, such as “ban the box” laws that prohibit asking about criminal history on initial job applications. Some states also restrict how far back you can look into someone’s criminal history or limit the types of convictions you can consider.

•  Equal Employment Opportunity Commission (EEOC) Guidance: The EEOC advises against blanket exclusions based on criminal records. Instead, they recommend evaluating:

1.  The nature and gravity of the offense.
2.  The time that has passed since the offense or completion of the sentence.
3.  The nature of the job held or sought.

By adhering to these guidelines, you can conduct background checks that are compliant and respectful of candidates’ rights. It’s also advisable to consult with legal advisors to navigate the specific requirements applicable to your business and location.

Q18: Why does AuthBridge INC request that my business be verified?

A: As stipulated by the FCRA, AuthBridge INC, a Consumer Reporting Agency, can only provide reports to individuals who intend to use the information for FCRA-approved purposes, such as employment or tenant screening. Therefore, we need to verify that you have a legitimate business need to request background reports.

Q19: What do I need know before taking an Adverse Action?

A: To take Adverse Action based on a consumer report, you must follow specific steps to comply with the Fair Credit Reporting Act (FCRA):

•   Pre-Adverse Action Notice
•   Waiting Period
•   Adverse Action Notice

To know more please contact your legal representative or if you would like AuthBridge to assist you please feel free to contact us.

Q20: What information must be excluded from background reports under the FCRA?

A: Employers should kindly note that both the FCRA and state laws set limitations on the information that background screening companies can report. In compliance with employment laws, consumer reporting agencies such as AuthBridge INC are unable to include certain items in a consumer report.

Q21: Are candidates allowed to challenge information found in their background check? As an employer do I need to do anything?

A: Under the FCRA, consumers (referred to as “candidates”) have the right to dispute their background check directly with the Consumer Reporting Agency (CRA). Both the consumer reporting company and the information provider share the responsibility for correcting any inaccuracies or omissions in the report. As an employer, it is essential to allow the dispute resolution process to proceed before taking any adverse action, if necessary.

Product and Types

Criminal

Q23: What is difference between a National Criminal Database, County and Federal Criminal Search?

A: Proprietary databases collect criminal history information nationwide from various sources, forming what is known as a national criminal database. Unlike publicly maintained databases, these are not accessible to the general public. Some background screening companies have private or proprietary criminal history databases, while others subscribe to third-party aggregators. County searches are highly focused, examining records in a specific courthouse where the individual may have lived or worked. This type of search provides comprehensive depth within a specific jurisdiction. In contrast, national criminal databases offer broader coverage but less detailed information per jurisdiction. Additionally, federal criminal searches focus on crimes prosecuted at the federal level and are typically separate from county or statewide checks.

AuthBridge INC suggests incorporating a National Criminal Database check into every background check for prospective candidates. This inclusion is valuable as it can potentially yield results or leads on the candidate’s background from multiple counties or states across the US. Additionally, the National Criminal Database check encompasses the Sex Offender Registry from 48 states and Washington DC, enhancing the comprehensiveness of the screening process.

Q24: What information is required to conduct a criminal check?

A: To conduct a comprehensive criminal background check in the US, four pieces of information are necessary from the candidate:

•   Accurately spelled first, middle, and last name (Alias if any)
•   Address details
•   Date of birth (DOB)
•   Social Security Number (SSN)

Q25: What does running criminal county searches via SSN trace means? And why is it important.

A: An SSN Trace is instrumental in identifying significant locations to explore for a candidate’s potential criminal history. A comprehensive SSN Trace not only uncovers the candidate’s address history but also reveals any alternative names used, such as aliases, maiden names, and nicknames. It significantly enhances the discovery of criminal records, surpassing the results obtained from database searches or applicant provided addresses alone.

Fingerprinting

Q26: Who has the authority to request fingerprint-based background checks from the FBI?

A: AuthBridge INC is unable to conduct pre-employment fingerprint checks for financial institutions that fall outside the category of banks or credit unions. However, if a financial institution is regulated by the SEC rather than the FDIC, they must directly submit fingerprints to a Self-Regulatory Office (SRO) for pre-employment fingerprint-based background checks.

Verification

Q27: How do you verify a candidate’s employment and education history?

A: AuthBridge conducts thorough checks on employment and education using various methods, including email, verbal communication, mail, and third-party sources such as WorkNumber or relevant databases. We typically collaborate with third-party vendors to verify previous employees, enhancing our verification capabilities. Our skilled team contacts former employers to confirm details provided by candidates, such as job titles, descriptions, and dates of employment. We also conduct comprehensive checks on education history, professional licenses, and certifications. Additionally, we can create timelines highlighting any significant gaps in the candidate’s claimed education and employment history, tailored to your organization’s needs.

Drug Testing

Q28: What are the most common types of drug screening?

Among various specimen types, urine testing stands out as the most prevalent, versatile, and adaptable option. Its flexibility allows for numerous combinations of illicit drugs to be tested, providing a suitable panel for nearly any testing purpose.

Q29: Why might I want to conduct a drug test on a job candidate or current employee?

Conducting a drug test involves a forensic examination to detect the presence of specific drugs in a specimen, identifying the use of illegal substances and/or the misuse of prescription medications. Drug tests can serve various purposes, such as:

– Pre-employment screening

– Reasonable suspicion

– Post-accident investigations

– Federal and non-federal random testing programs

– Follow-up testing

Q30: How long does the drug testing process take?

While rapid testing can provide results within minutes, lab-based drug screening generally takes 24 to 48 hours from the time of collection to when the results are received.

Q31: Why should you test for alcohol?

Alcohol abuse in the workplace can lead to a range of issues, including increased tardiness, absenteeism, sickness, workplace injuries, reduced productivity, and lower employee morale. Testing for alcohol is an effective strategy for identifying and addressing alcohol abuse, helping to mitigate these negative impacts and promote a safer, more productive work environment.

Q32: What drugs can be tested for?

AuthBridge INC provides a wide range of customizable panel configurations and cut-off levels, allowing for tailored drug testing solutions to meet your specific needs.

Q33: What is a Medical Review Officer (MRO)?

A Medical Review Officer (MRO) is a licensed physician responsible for receiving and reviewing laboratory results from an employer’s drug testing program. The MRO ensures that there is a legitimate medical explanation for laboratory-confirmed positive, adulterated, substituted, and invalid drug test results through a donor interview.

Under current Department of Transportation regulations (Title 49 CFR Part 40), a medical review is mandatory and must be performed by a certified MRO. Typically, the MRO review is completed within two to three business days after receiving the initial test results, though this can take longer depending on donor availability and other factors.

Adjudication Services

Q34: How do Adjudication Services help me make better decisions?

A: AuthBridge employs a sophisticated, tiered approach to adjudication in our background checks. We customize the adjudication matrix to comply with Federal, State, and local laws for criminal records, grading each case based on specific charge levels after thorough categorization. This streamlined process alleviates the burden on your HR team, reducing the risk of erroneous decisions and significantly cutting down the time needed for hiring decisions.

Q35: What are the tiers available for my business?

•   Adjudication Essentials: Provides a straightforward pass or fail outcome.
•   Adjudication Plus: Offers a detailed assessment with tiered adjudication levels (e.g., clear, review, fail), along with some customization of criteria.

Adjudication Pro: Delivers a comprehensive review with fully customized adjudication criteria, detailed reporting, and ensures compliance with specific industry regulations.