Criminal Background Criminal Background Checks & Drug Screening: Checks & Drug Screening:
What You Don’t Know Can What You Don’t Know Can Hurt YouHurt You
September 28, 2011September 28, 2011
Today’s Webinar
…Difference between “Employment Screens” and “Certification Screens”
…Personal Data Controls and Governance you must consider as an employer
…The screening trends and why ALL SCREENS are not CREATED EQUAL
…Who PlusOne is and why we were invited to present to USA
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PlusOne Solutions, Inc.11301 Corporate Blvd Suite 215Orlando, FL 32817407-359-5929 [email protected]
Presenter:
Craig ReillyPresident, PlusOne Solutions, Inc.
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PlusOne’s Focus: US and Canadian Independent Servicing Companies…
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…and the Companies who Depend on Them
PlusOne’s Corporate Focus is Providing Service Industry Solutions to All Stakeholders
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Business Corporate Entity Verification W-9 Verification Business Credit Bankruptcy, Lien and Judgment Check Business License Verification Business Reference Check Professional License Verification and
Indexing Insurance Policy Verification and
Certificate Management – (GL, Auto, WC, Umbrella, etc.)
Contract Management Document Capture and Storage
Principals & Employees Identity Consistency Check
– SSN, SIN Validation & Verification Criminal Record Search
– Infractions– Felony & Misdemeanor Offenses– Indictable, Hybrid, and Summary
Offenses– Sex Offender/Predator Search
Motor Vehicle Record Check Terrorist Watch List Search Individual Credit Check Professional Trade Licenses
Compliance is more than just
Screenings
Vendor
Credentialing
PlusOne Works Toward Industry Standardization Where Applicable…
…and Pricing Transparency
PlusOne Currently Tracks Criminal Backgrounds for 70,297 Active Technicians…(as of 9/10/11)
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PlusOne ID Client Company ID Company Tech ID Client Tech ID First Middle Last Suffix Overall Civil Crim Driv Drug Certified Recert DateABALA09161619 SUPERBUS ABALA09161619 46722 FARRIN MICHAEL ABALOS Y Y Y Y Y 02/10/2010 02/01/2012CASTA05172811 USACOSRV CASTA05172811 54108 BRYAN ADAM CASTANEDA P P P Y Y 01/14/2010 12/31/2011ABRAA01307424 LAAPPL ABRAA01307424 44521 ANTHINIO NMN ABRAMIAN N Y Y Y F 02/08/2010 01/25/2012ACEVA06248505 TBELECTR ACEVA06248505 48558 GREGORY NMN ACEVEDO Y Y Y Y Y 01/14/2010 01/07/2012LOUCA10208869 ALPRE LOUCA10208869 49806 JAMES LOUCHART SR. N Y F Y 10/14/2009 08/27/2010BECKA02018189 SKIELE2 BECKA02018189 45918 DANIEL NICHOLAS BECKER P O O O Y ACOSA08074362 DTRTECH ACOSA08074362 43694 BRYAN WILLIAM ACOSTA Y Y Y Y Y 02/11/2010 02/02/2012CASTA02271382 ABBEY CASTA02271382 56184 EVAN MARTIN CASTRONOVO Y Y Y H Y 03/28/2010 03/07/2012ADAMA04072808 KIRE ADAMA04072808 33070 JEFFERY Chad ADAMS Y Y Y Y Y 01/04/2010 02/18/2011ALANA06219698 WCES ALANA06219698 45547 BRIAN J ALAND Y Y Y Y Y 12/24/2009 11/30/2011ALDRA06055409 NAVEDO ALDRA06055409 55815 DZMITRY ROBERT ALDRICH Y Y Y Y Y 03/17/2010 03/04/2012ALEMA02116418 CLRNSND ALEMA02116418 54566 JAMES DELBERT ALEMAN Y Y Y Y Y 02/25/2010 02/25/2012ALIAA03204975 GOODMAN ALIAA03204975 50194 ANTONIO SHIN ALI Y Y Y Y Y 03/08/2010 02/26/2012ALMEA12158678 ELESVCIN ALMEA12158678 40031 FRANCISCO THOMAS ALMETER Y Y Y Y Y 10/26/2009 10/15/2011
…Employed by over 20,000 Independent Servicing Companies
So why is Criminal Background and Drug Screening such a HOT
TOPIC today?
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Business Trends & Contractual Requirements
Global Companies are proactively applying consistent standards of consumer protection, and best service practices and avoiding mandates
“In past 2 years there has been a significant increase in requests for criminal screens of employees at all layers of an organization and within all foreign borders.” – LexisNexis
Contractual Requirements for service fulfillment mandate compliance standards
From a Customer’s Viewpoint
Would you invite a known Sex Offender in to your home?
Or a convicted thief? Violent criminal?
When you schedule service, do you assume the service provider is not
one of the above?
National Statistics: USA
One Murder every 33 minutes One Violent Crime every 5.5 seconds One Assault every 6.5 seconds One Burglary every 10 seconds One Rape/Sexual Assault every 2 minutes One Identity Theft reported every 6 minutes One in 6 Women is a victim of Attempted or
Completed Rape
Source: Sue Weaver Cause
National Independent Consumer Research was Recently Completed
Consumers ASSUME Individuals Dispatched to Their Homes are Screened
2%
8%
9%
9%
89%
83%
0% 20% 40% 60% 80% 100%
Are Background Screened Individuals important to you?
Are Service Technicians Background Screened who are Sent into your Home?
Strongly Believe Neither Believe or Not Believe Strongly Disagree15
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The Media Highlight Marquee Companies when things Go Wrong
“Of course I look Familiar. I was here just last week cleaning your carpets, painting your shutters or delivering your new refrigerator.”
Local News Organizations Highlight the Risks
Consumers use sites like: www.FamilyWatchDog.US
Without Completing a Background Investigation, you Never Really Know
There are over 550,000 registered sex offenders in the US.
Over 100,000 sex offenders fail to register in the US.
Over 1,000 Sex Offenders change their address everyday.
Source:www.familywatchdog.us/facts.asp
How Safe do Consumers Feel when Individuals are in their Homes? Or After?
58%
78%
7%
3%
35%
19%
0% 20% 40% 60% 80% 100%
Consumers still concerned AFTER individual HAS LEFT THE HOME:
Consumers who felt safe while individual is IN HOME
DID NOT Feel Safe Don't Recall Felt Safe20
So what makes a good Criminal Background and
Drug Screen that MINIMIZES RISK while MAXIMIZING VALUE?
Background Screens Vary in Price & Depth – No Consistency or Standard
Variability of Rates are biggest complaint:– “Internet Specials” or “Teaser Rates”; “Low as $9.99*”– Ala carte Services increase costs– Hidden “Access Fees”– Multiply if Courts Searched– Requires “Company Set-Up” Fees – Results are not “Portable”
And what you get, is not always what you need:– “National” Database or CPIC Only– Single Local Court Search Only– Missing Searches– Non-compliance to FCRA or PIPEDA mandates22
PlusOne and USA supports “Adopting a Standard”
What’s Included in a “National Search” (Most Offered Searches)
Not all Courts Report Up 17 States Do Not Report Misdemeanors and Most
Felonies. Some only Sex Offenders. Counties Vary in Reporting
– Seminole County FL
reports ALL RECORDS– Orange County FL reports NO RECORDS
Unconfirmed Data reported such as “Name Match Only”
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Top 6 Questions Screening Companies Do Not Want to Answer
1. Do you run a report to develop all known names and addresses to search against?
2. Do you SEARCH ALL COUNTY COURTS for “Developed Names, Aliases, and Addresses” Regardless of the National Search?
3. Does this Include a Driver’s License Search?
4. Do you also search the Department of Justice Sex Offender Database and Federal Courts?
5. Are all ACCESS FEES and Other Charges Included?
6. Do you handle all “FCRA Mandated” Pre-Adverse Communication? 24
To Start: Four (4) Pieces of Data Are Critical
To be effective, applicants must provide:– Proper Name (+ Mother’s Maiden Name in Puerto Rico)
– Current Address– Date of Birth– SSN
Anything short, or in error, results in improper results or “False Positives”
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“De facto” Standard Background Screen
Complete 7-year check for all county courts of residence, including:
Search for all residential addresses in prior 7 years
County FELONY & MISDEMEANOR search for arrests, charges, & convictions and a state level search, if applicable
National database search for felony and misdemeanor records
Federal Court Search in current Federal jurisdiction in which the applicant resides
OFAC (Office of Foreign Asset Control) restricted person search
National & State Sex Offender Registries State Motor Vehicle Record review Social Security Number Verification
“De Facto” Standard Drug Screen
9-Panel Urinalysis Drug Screen: Tetrahydrocannabinol “THC”
(marijuana, hashish) Amphetamines Cocaine (Incl. Crack Cocaine) Opiates (Heroin, Opium, Morphine,
Codeine) Phencyclidine (PCP) Methamphetamine (Incl. Ecstasy) Methadone Barbiturates Benzodiazepines
Screening Governance and Handling Differences Between EMPLOYEMENT
SCREENS versus a CERTIFICATION SCREEN?
“Industry Watchdogs” range from Consumer Protection Advocates to the Federal Government:
– Federal and State Trade Commissions– Fair Credit Reporting Act (FCRA) and other similar State
Acts/Regulations– Driver’s Privacy Protection Act Federal & States– Consumer Reporting Agencies (CRA): LexisNexis,
ChoicePoint, First Advantage, USIS, etc.– Annual On-Site Certifications
Screening Industry & Collection of Personal Data is Highly Governed
Significant Differences when used for Employment Reasons vs. Job Access
Employment Screens Highly Governed by State Laws and EEOC Requires Strict Adherence to Regulations and Processes Cannot be selective
Certification Screens (Contractual Clauses) Fewer Regulations Governing Contractual Requirements Do not necessarily effect employment status Only impacts certain jobs requiring access (i.e. Government Facilities,
Schools, Safety Related, Contract Requirements, etc.)
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When an Individual Pre-Adverse Condition Appears
Typically falls to Employer creating liability.
PlusOne provides a level of protection to Servicing Companies by adhering to all FCRA Mandates regardless if “Employment” or “Requirement” Screen:
1. Provide an official copy of Screening Results
2. Provide their “Summary of Rights”
3. Provide a letter stating why they were not cleared and what options they have available
4. Provide Adequate time and follow-up
5. Protect applicant’s information/data retention31
Not All Convictions and Service Technicians are Equal
Disqualifying convictions “may place consumer, family, and her possessions at risk.”
Results vary by Industry and Education Level with Lower Failures seen with:
1. Increased Work Skills2. Higher Education3. Trade Licensed4. Industry Certified5. Association Membership
High Failure Rates found in “Fly-by-Night”, “Trunk Slammers”, and other “Non-Professionals”
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Viewed as an Industry HR Service
Credentialing acts as a Service Industry Human Resource Department:
Protecting the rights of the individual, the servicing company, and the retailers, manufacturers, and third party administrators
Managing the all aspects of the Compliance Program– Communication, Applications, Scheduling, Decisions, FCRA,
PIPEDA, OPC, and Global Processes, Disputes/Appeals, Reporting, Information Retention, and Data Protection
Summary reporting to the technician & component level;– Criminal, Driving, OFAC, Drug, etc. – Pass, Fail, In-Process, and other indicators
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Vendor
Credentialing
Who Utilizes PlusOne’s Services
So What’s Important to Know?
1. Ensure your Package is ALL INCLUSIVE
2. Do you have a FIXED PRICE per Order?
3. Who is responsible for FCRA and Employment Pre-Adverse Processes?
4. How are you protecting the individual’s information?
5. Can you advertise your compliance? 35
Questions?
11301 Corporate Blvd Suite 215Orlando, FL 32817
www.plusonesolutions.net
(407) 359-5929
(877) 943-0100
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