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Debate over Use of Criminal History in Employment Screening Continues

March 18, 2016 By

In a country wide initiative to reduce and possibly eliminate discrimination in the employment screening process companies and organizations need to understand new laws and regulations governing the use of criminal background records in the hiring process.  Currently ban-the-box legislation has been adopted by cities, counties and states and in itself eliminates the job application question asking if the person has a criminal history.

The Equal Employment Opportunity Commission (EEOC) goes even a step further than ban-the-box and looks into disparate impact a form of discrimination that on the surface appears non-discriminatory but in the big picture discriminates certain classes of people like minorities.  With ban-the-box being adopted all over the country, the EEOC aggressively going after companies and organizations for their discriminatory hiring practices and with the Fair Credit Reporting Act (FCRA) guiding the use of criminal records and/or consumer reports in the employment screening process it can get very confusing for companies and organizations to remain compliant with all of it.

In this current employment screening arena it is now a good time for companies and organizations to utilize the services provided by professional third party background screening companies.  These companies take it upon themselves to be up to date with all laws governing the employment screening arena.  They can also assist companies and organizations with staying compliant with all relevant laws and even provide documents to their customers to help make sure they are conducting their employment screening process legally.  Such documents include “What Employers Should Know About Federal Laws”, “A Summary of Your Rights Under the FCRA” “Sample Authorization and Employee Release Form” and “Sample Pre-Adverse and Adverse Action Letter”.  These documents and others ensure that companies and organizations are using the most up to date documents and forms needed to properly go about the hiring process.

Employment background checks continue to be scrutinized all over the country and it is a two way street where some are onboard with the legal landscape changing in regards to the use of criminal records in the employment screening process while others are not.  Many companies and organizations do not want to change the way they go about hiring new employees, and others that don’t mind still find it very confusing as to what is appropriate and what is not.  In the end the best practice for companies and organizations is to use a professional third party background screening company to conduct thorough criminal background checks on their behalf as well as educating them on issues concerning employment screening and providing them with up to date legal documents that must be used during the hiring process.

To read more regarding the continuing scrutiny of criminal background records in the pre-employment background screening process read recent CriminalBackgroundRecords.com press release here.

Filed Under: Uncategorized

Housing Reform in Washington State

March 1, 2016 By

Recently Washington State legislation moved to reform housing policy which would include a universal renter application background screening form.  They also moved to clearly define how evictions and potential evictions are noted.  These actions could be a step toward broader changes across the country in regards to apartment rental practices.  They also indicate the continual change in the laws governing tenant screening.

Annually cities, states and sometimes the federal government change laws governing tenant screening and further define the legal and lawful use of public records and consumer reports used in tenant background checks.

The Equal Employment Opportunity Commission (EEOC) over the last several years has been bringing lawsuits to companies regarding their use of criminal background records in the employment screening process, particularly in the pre-employment screening process.  These actions could be interpreted as a precursor of new actions by the Department of Housing and Urban Development (HUD).  Changes in the employment screening arena are now crossing over into the tenant screening arena as clearly shown by recent legislative moves such as that by Washington State.

Actions by the State of Washington show a greater interest in the tenant screening process.  Combined with the federal activities by HUD one gets the sense that change will continue to affect the tenant screening process.  Just as change continues with pre-employment screening change remains inevitable with tenant screening.  Recent actions by HUD have already eliminated the use of criminal records, sometimes referred to as criminal histories, as a part of the vetting process for public housing.  Often times actions such as these enacted by HUD migrate into the private sector.

The new Washington State bill if passed would allow courts to keep reporting agencies from disclosing evictions that were never completed or found to be unsubstantiated or without cause.

With all the changes and potential changes occurring in the apartment rental industry along with what tenant screening process is acceptable it is highly recommended that apartment owners, landlords and property managers utilize the background screening services offered by professional third party tenant screening companies.  A tenant screening company keeps up with the laws in their industry and can help landlords stay compliant with all rules and regulations governing the tenant screening industry.

To learn more about the recent legislative moves by the State of Washington and their action to reform housing policy, as well as other factors pointing towards more legal action to come across the country to further define and recreate national housing policies read recent TenantScreeningUSA.com press release.

Filed Under: Tenant Screening

Nanny Background Checks for Risk Management

February 24, 2016 By

Protecting at-risk populations like children and the elderly is extremely important in creating a safe environment for those members of society that are the most vulnerable to malfeasance.  While it may not be possible to prevent every bad person from getting a job with unsupervised time with at-risk populations the risks can surely be minimized.  Risk management for protecting this populace includes performing due diligence before hiring someone and giving them access to your home.

The best way to conduct such due diligence is to use a third party employment screening company to conduct a thorough nanny background check on the job candidate prior to hiring.  This vetting process should include a criminal background check, sex offender search, social security number trace with address history and verifications including personal references, credentials check and prior employment reference check.

In Boston a large online nanny care provider is under fire for seemingly not providing thorough background checks.  Recently from the Boston Globe the use of background screening is often highlighted as a necessary and required step in vetting a nanny or someone applying for a similar job.  In the Boston case a subsequent review discovered a variety of criminal cases against a poorly vetted nanny.

A Boston Globe review found 28 criminal cases against Stephanie Lee Fox a notorious thief.  She was convicted of numerous larceny and fraud charges in the Boston area, spent time in jail and was still on probation when she registered as a nanny on Care.com.  The Waltham MA based company failed to discover the numerous criminal offenses during a background check.  The company promised that background checks had been performed, however now after this incident and others in Nebraska and Wisconsin it is becoming clear that Care.com’s background screening efforts are subpar and not at all adequate for their customers looking to hire nanny’s to care for their children.

In the Boston case the couple that hired Fox as their nanny discovered that she stole more than $280,000 from their checking account.  As horrible as being robbed is it could have been much worse if a nanny or other caregiver abused children or the elderly.  Either way it is absolutely essential to properly vet anyone coming into the home especially those entrusted to the safeguard and well-being of children and the elderly.

While conducting a thorough nanny background check is paramount it is equally important to use a professional third party background screening company to furnish the public records and/or consumer reports necessary in evaluating the worthiness of a person before placing them in unsupervised environments with at-risk populations like children and the elderly.

To read more regarding the importance of professionally background screening a nanny and other caregivers before letting them into the home read recent CriminalBackgroundRecords.com press release.

Filed Under: background checks

CO-OPs, Housing Sharing and Tenant Screening

February 16, 2016 By

The housing market continues to heat up and now is the time to expand tenant screening to co-ops and housing sharing.  Conducting thorough tenant background checks on rentals and joint ownership property is a valuable tool in protecting people and property.  As the housing market continues to explode into 2016 it is getting increasingly difficult for business professionals and others to find acceptable housing accommodations that fit within their budget.

Enter co-ops and housing sharing…  Soaring housing costs have affected many regions of the country but none more than in California’s Bay Area which includes Silicon Valley.  The median monthly rent for a one bedroom apartment in this area is $2,695 way above most people’s budget.  So co-living arrangements have emerged from getting apartment roommates to sharing single family homes to living in a housing cooperative.  The housing shortage has made it difficult for even well paid professionals to afford decent living conditions.

In these parts of the country where these alternative living arrangements are being made, it is important that even these individuals undergo a thorough tenant screening process.  This is an often overlooked rental populace as these living situations are not your typical main stream rental relationship.  Instead these type of renters often go under the radar and could potentially cause harm to person and property.

As with traditional landlord/renter relationships, co-op and roommates should use a tenant screening company to properly vet potential tenants before a lease or living arrangement agreement is made.  The tenant background checks should include criminal background checks, sex offender checks and reference checks including employment references and personal references.  By conducting these checks the risks involved with co-habitation become much lower and aid in the protection of people and property.

To learn more about co-ops, housing sharing and other alternative living arrangements in a hot rental market and why tenant background checks should not be overlooked read recent TenantScreeningUSA.com press release.

Filed Under: Tenant Screening

In-Home Contractors Should Never Be Overlooked

January 22, 2016 By

Most people understand the need for background screening including criminal background checks for tenant and employment screening purposes.  However, performing background checks on contractors is often over looked.  Every day there are contractors entering people’s homes and sometimes completely unsupervised.  Often time’s homeowners assume the contractor(s) have already been properly vetted before being sent into their home.  Unfortunately this is not always the case and even if a company advertises that their employees/contractors have all undergone a criminal background check they may have not.  A recent news story shows that even when a company states they have background checked their employees/contractors a malfeasant contractor can still slip through the cracks.

Recently posted on the CBC News site describes a couple in St. John’s that hired a moving company in New Brunswick.  The company advertised that they have a policy of performing background checks on their employees.  However, they ended up hiring someone with a criminal record to help do the job.  Oftentimes it makes sense for a person to ask for proof that the contractor in question has undergone a thorough vetting process.  And if they can’t get a copy of the criminal background check report then they can always use a third party background screening company to conduct the search on their behalf.

Hiring a contractor is almost essential for most families as the need for a plumber, electrician, carpenter or other specialist will inevitably arise.  This is unavoidable for most families which is why checking if the contractor has a license and has been fully vetted is paramount.  Employing a licensed professional is very important as that alone will reduce the risks involved in hiring a contractor into a home.  Getting a contractor that has an official license and has been thoroughly background checked is the clear choice in protecting person and property.

Criminal background checks can discover a criminal past which, subsequently may inform to potential future behavior of an individual.  Thorough background checks help provide a safeguard insomuch that they create a barrier to potential misbehavior.  If an individual has a criminal history they should expect it to be discovered during a background check.

It is imperative to perform a thorough background check on any contractor or at least review a background check report already furnished on the contractor before granting them access to the home. This is most especially important for contractors that will have unsupervised time in the home.  Making sure contractors coming to the home have a license and have been properly background checked helps give peace of mind to the home owners and also greatly reduces the risks associated with bringing strangers into the home.

To read more regarding the importance of properly background screening contractors especially those with access to the home view recent CriminalBackgroundRecords.com press release.

Filed Under: Uncategorized

Evictions are Tricky – Use a Tenant Screening Company

December 31, 2015 By

Evicting tenants can be the most difficult task a landlord or property manager has to deal with in regards to renting an apartment.  Depending on where the tenant lives the rules for eviction can differ remarkably.  Some States are pro tenant and some states favor the landlord.  However, one measure a landlord or property owner can take to mitigate the risks of leasing a unit is to pull an eviction record check on potential tenants before signing a lease.  If a previous eviction is found than declining the applicant becomes easy.  An eviction record is the single most important piece of information derived in the tenant screening process.

A previous eviction record is even a greater deal buster than bad credit.  Some landlords, especially those renting out lower grade apartments like “C” level units are willing to work with potential tenants that have bad credit, but no landlord wants a tenant that has been previously evicted.  The eviction process can be complicated, require a substantial amount of effort and can be costly.  The costs can go even higher if a bad tenant causes significant damage to the apartment before being forced to leave.

Many landlords and property managers do not even check for previous evictions and get by with pulling just credit and criminal history.  This is a big mistake as leasing to a previously evicted tenant implies a much greater risk of recidivism.  The cost of an eviction check is usually around $20, a small amount when compared to the costs of a bad tenant.

For those landlords that do perform eviction checks, they should work with a professional third party tenant screening company to help them get the most current, complete and accurate eviction reports.  Recently a woman moving to Washington State discovered she failed an evictions check even though she had never been legally evicted.  When she applied for an apartment the tenant background check screening rejected her for having a landlord/tenant court record.  Occasionally some landlords assume these type of records are in fact an eviction.  However, in this case and in many others the woman was never evicted.  These tenant/landlord court records may not reflect convictions and are often times resolved without any additional court action.  In these cases a third party tenant screening company can assist landlords and property managers get and understand the results they receive so they don’t reject applicants based on court filings that never ended in conviction or eviction.

To learn more about the complexities of evictions and the important role they play in the tenant screening process read recent TenantScreeningUSA.com press release.

Filed Under: Uncategorized

Caregiver and Volunteer Background Checks

December 23, 2015 By

As the year is coming to an end it is important to reflect on how urgent it is to protect the at-risk population in the USA.  The two primary groups of people most in need of protection is children and the elderly.  Also included in this group is the mentally ill and physically handicapped.  With an aging population and the need for caregivers growing each year, it is incumbent on society to take an active role in protecting its most vulnerable members.  One way to help protect these individuals is to conduct background screening including criminal background checks, sex offender registry searches, social security validation with address history trace and character reference checks.

When a child is born into a family it is an implied responsibility that the parents accept in welcoming a child into this world.  However this responsibility usually extends beyond the family and to baby sitters, care givers, coaches, tutors, instructors, nursery school teachers, day care providers and much more.  Sometimes as a parent you cannot fully protect or shield your child from the world and those that live in it.  Yet there is something practical that can be done to greatly increase the chances of the safety of a child or the elderly and that tool is background screening.  Caregiver background screening and volunteer background screening can help weed out people that could be a threat to the at-risk population.

Caring for at-risk populations is critical as both the young and the old deserve the best care in the safest environment.  One protection that should not be overlooked nor underutilized is a caregiver background check.  This tool can be utilized directly by parents to get the information they need before making a decision about an individual that is either self-employed or part of an organization or business.

Professional third party background screening companies can provide access to facts and information regarding individuals entrusted with the care of children, the elderly, the mentally ill and the physically handicapped.

To learn more about caregiver and volunteer background checks and how they help protect at-risk populations read recent CriminalBackgroundRecords.com press release.

 

Filed Under: background checks

Tenant Screening and Illegal Immigration

December 11, 2015 By

A recent movement in the United Kingdom is attempting to legally require landlords and property managers to deny rental property to illegal immigrants through the tenant screening process.  This practice remains illegal in the United States, but this movement in the UK should be watched closely.  The new law if passed would make it a criminal offense to rent out an apartment to an illegal immigrant.  The new measure would force landlords and property managers to conduct extra tenant background checks to verify immigration status.  The current debate in the UK has become highly contentious.

Not everyone in the UK wants this measure to pass including the Labour party that stated such a law if passed would lead to widespread discrimination.

From TheExpressAndStar.com (Oct 11, 15):

According to the Joint Council for the Welfare of Immigrants, more than 40% of landlords who took part in the pilot said the scheme had made them less likely to rent a property to someone who did not have a British passport, while more than a quarter said they were reluctant to engage with people with foreign names or accents.

Ultimately a new law making it illegal to rent property to illegal immigrants could become a human rights issue.  Not only would landlords, leasing agents and property managers be required to confirm immigration status, the potential for bias and/or disparate impact becomes significant.  The challenges to such a potential law in the UK are numerous.  “The Equality and Human Rights Commission is reported to have warned MPs ahead of a reading of the Immigration Bill in the House of Commons that the Right to Rent proposals which may ultimately lead to the fast-tracked eviction of illegal immigrants and their children risk breaching human rights law.”

{Partial Excerpt from LettingAgentToday.co.uk (Oct. 13, 15)}

With this issue becoming a priority discussion going on now in Britain it is quite realistic to believe such a measure could soon be debated in the US Congress.  Especially after the recent terror attacks in Paris, France, more countries are going to be taking a deeper look into the people living in their country and their immigration policies.

To learn more about how checking immigration status through the tenant screening process via a potential new law in the UK raises many challenges and how that debate could end up in the US Congress read recent TenantScreeningUSA.com press release.

Filed Under: Uncategorized

Databases, County Courthouses and Background Screening

December 1, 2015 By

Modern background screening utilizes information from databases and county courthouses and both are essential for landlords and employers to make well informed leasing and employment related decisions.  Although databases and court records are much more accurate and complete now than they were a decade or more ago they are still not perfect.  Databases by nature are only as useful and reliable as the data entered into them.  This requires constant quality control measures by database administrators and these efforts are essential to maintaining the integrity of the information being stored.  Likewise county courthouses must maintain accurate, complete and legible court records and must be able to retrieve them in an efficient manner.  Even now through background check database queries quite frequently records are discovered that are inaccurate, incomplete or outdated.  When the Consumer Reporting Agency (CRA) or other entity that maintains such databases is notified about such a record, an investigation will begin.  If it turns out the data was in fact inaccurate, incomplete, out dated or no longer a public record the CRA or other entity must delete the record(s) from their databases.

Federal law mandates that employers running background checks on potential job applicants such as criminal background checks must notify the applicant if something derogatory is reported.  If a record is found that adversely affects the job applicant then the employer/CRA must send notification to this applicant.  They need to let them know that a background search on them returned a record found that adversely affected them.  This notification must give the applicant the opportunity to dispute the record(s) found.  The procedure for filing a dispute must be included on the notification letter and the applicant must have ample time to open a dispute.

Access to relevant information is at the core of all background screening methodologies.  Quite simply put; without access to current and accurate background records a background check would be worthless.  In the end databases and court records both electronic and physical remain important for pre-employment background screening, tenant screening and all other forms of background screening.  However, in order to have a fair and just system the consumer/applicant information must be accurate, secure and protected.

To learn more about databases and county court records and their application in the background screening arena please read recent CriminalBackgroundRecords.com press release.

 

Filed Under: background screening

Thorough Tenant Screening is Critical in Gaining High Quality Tenants

November 2, 2015 By

Good tenants are essential for landlords and apartment managers to maintain a profitable rental business.  Good tenants offer protection to the property, are good neighbors and provide predictable income.  In this era where rental properties are at a premium some may think that gaining a new tenant would be fairly easy.  However, finding a tenant to occupy a vacant unit is one thing but to get a great tenant a landlord first needs to perform a thorough tenant screening.  Screening new tenants should include public record checks, credit checks, verifications, reference checks and an interview before making a leasing decision.  This may seem like a lot of work but a professional third party tenant screening company can easily help a landlord or property manager perform almost all of these tasks.

Having a face to face interview with prospective tenants will reveal a lot of important information and then running the background checks will confirm whether or not this information is indeed accurate.

The costs involved to properly vet an applicant is minimal when compared to the costs of a bad tenant.  The more information a landlord or property manager has to assess a potential tenant’s riskiness the higher the chances are in making a wise leasing decision.  A wise leasing decision is one that will land a good tenant and predictable income with very low risk to property and the community.

Some States like Arizona have favorable landlord laws but even in States like this landlords need to follow and know the specific landlord/tenant provisions that cover security deposits, access to the property and notice when ending a renter’s tenancy…  Of course there are still federal laws that need to be followed such as fair housing laws and habitability.

Going the extra length when evaluating prospective tenants is certainly worth it and having an in-person interview is the best way to begin that process.  Following the interview a comprehensive tenant background check should be conducted to reveal all pertinent information.  If the reference checks, verifications, criminal background check and credit check do not match up with the information revealed in the initial interview than the applicant may be dishonest or at least inconsistent.  In this instance signing a lease at this point would be too big of a risk to take.

To learn more about how having a thorough tenant screening process helps gain high quality tenants please read recent TenantScreeningUSA.com press release.

Filed Under: Tenant Screening
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