Criminal research errors

How is it possible that a the results of a criminal record search can be accurately depicted by one background vendor as “clear” and another vendor reports records to the employer that are not associated with the same candidate.  Expunged records, criminal cases that were dismissed, or the individual successfully completed a pretrial intervention program…

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How far back is your vendor searching for a criminal record?

Most background vendors only conduct a search for a criminal that occurred within the past seven years? How far back does your vendor search? TABB INC. searches for records in each jurisdiction for as far back as the source holds records. TABB INC. will only report records that are developed in accordance with FCRA and…

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Instant criminal check failures

A lawsuit alleges that a candidate lost a job opportunity due to an error developed during the criminal search. The results reported to the employer “had two personal identifiers that did not match our client” according to Alexis Lehmann, Esq. Inaccurate criminal record results provided to employers are a growing concern when vendors utilize what…

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Expunge criminal records

The elephant in the room for candidates who have a prior interaction with the criminal court system is how to approach this topic prior to applying for employment. Far too many candidates fail to deal with a situation that can come back to haunt them. Many often believe that because they pled to a lesser…

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Negligent hiring and negligent referral

Article by KURT BLUMENAU OF THE MORNING CALl The following article highlights the importance conducting thorough pre-employment background checks and employment verifications. When there is a greater potential of harm to the public, or employees, the scope of the pre-employment investigation should be expanded for positions dealing with a vulnerable population. William Davis, a Registered…

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States Initiatives – Sealing criminal records from public view

Due to the adverse impact a criminal record may have on an individual to obtain employment, many states are taking a new look at their policies relating to the ability for an individual to expunge their criminal record. Several states have expanded the types of offenses that can be expunged and shorten the waiting period…

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Candidates caught in the National Criminal Search conundrum

The background industry promotes what is called a National Criminal Search, a proprietary database of information scraped from the Internet that is neither national nor complete. So many employers utilize this inferior product, and actual criminal records are missed leading the candidate to the false impression that they do not have a criminal record. This…

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Artificial Intelligence Hiring Platform Overview

Artificial Intelligence and Automated Hiring Platforms- The future of recruiting, or is it? As our society rushes in to develop computerized business solutions for every activity conducted by humans, there is often a need to pause and reflect on developments. Everyone wants the Holy Grail, a computer platform that will do the work for us…

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Data mining criminal records and National Criminal Databases

What is the problem with this type of data mining? Mined police blotters, mugshots and correctional records are stored data, meaning that this information is pulled into searchable database and the sources from which they are obtained do not track the ultimate final disposition of a criminal case. If a case was a case dismissed,…

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Uber, Lyft and Nationwide Criminal Record Checks

How can this happen? Uber and Lyft conduct criminal background checks don’t they? In Portland, some of the Uber and Lyft drivers that are picking up passengers, many times late at night, actually have serious traffic violations and two were felons convicted of sexual assault and assault with intent to murder. These drivers were found by “random checks” conducted on…

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State Initiatives – Sealing criminal records from public view

Due to the adverse impact a criminal record may have on an individual to obtain employment, many states are taking a new look at their policies relating to the ability for an individual to expunge their criminal record. Several states have expanded the types of offenses that can be expunged and shorten the waiting period…

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How too many background vendors conduct business

The following is an excerpt from investigative reporter Rosalind Adams May 2019 article entitled, “A Lyft driver with a criminal record was charged with rape. So why was he even behind the wheel? The dominant player in the industry, Sterling Talent Solutions, is an unseen component of how thousands of companies hire workers. Behind the…

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Legal issue over Artificial Intelligence

Facebook Business tools faced a class action lawsuit in 2016 alleging that it “enable and encourage discrimination by excluding African-Americans, Latinos and Asian-Americans but not white Americans from receiving advertisements for relevant opportunities.” Another Facebook algorithm, Lookalike Audiences, highlighted Facebook users in advertisements as candidates to potential employers that were demographically identical to their existing…

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Diploma mills and now employment mills

Diploma mills and now employment mills, what an employer needs to know. Do you rely on a resume to determine candidate hiring decisions? Various studies have shown that there is often misrepresentation on the resume. Without a full confirmation of a candidate’s experience, an employer runs the risk of a bad hire and the associated…

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FCRA review of HR procedures

If Starbucks can run afoul of the Fair Credit Reporting Act (FCRA), your company can as well if an audit of your processes and procedures relating to background investigations are not conducted on a periodic basis. There are two pending class action lawsuits that claim Starbucks violated the FCRA by allegedly failing to provide job applicants with…

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Ban the box altogether?

Is it time for Human Resources to just “ban- the- box” altogether? Numerous cities, counties and states across the country have enacted legislation “ban- the- box” however, this term is a misnomer. The box actually isn’t banned in most cases. Instead legislation often requires that the box must be moved to another part of the…

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Salary bans

The issue of pay discrimination and the related effects on an individual’s ability to advance their career has resulted in the implementation of salary bans by a number of state and local governments. See below for a list of jurisdictions and details of the salary legislation. This movement is growing and salary bans are increasingly…

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Marijuana legislation and employer lawsuits

Legalization may already be the law in your state for recreational and medical marijuana or it will be soon. A total of thirty-three state a have a form of legalized use. Cities and states are banning marijuana testing for job applicants and others have limited rejecting job applicants when they fail a test. Change is…

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Using the wrong vendor to conduct criminal checks can land your company in hot water

Too many background check companies rely on what they describe as artificial intelligence (AI) to conduct background checks, and in particular, the criminal record research process. In reality, this methodology is neither artificial or intelligent. Rather than conduction criminal research through a primary source such as the State Police in a given state or a…

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Artificial Intelligence Hiring Platform Overview

Artificial Intelligence and Automated Hiring Platforms – The future of recruiting, or is it? As our society rushes in to develop computerized business solutions for every activity conducted by humans, there is often a need to pause and reflect on developments. Everyone wants the Holy Grail, a computer platform that will do the work for…

Read More