Oklahoma Supreme Court Rescinds Controversial Records Rule Restricting
Public Access To Court Records
Oklahoma Supreme Court today rescinded its controversial rules
that would limit public access to court information on its Web
site and in court files, saying it wanted to give the issue further
study and consideration. The rule change was heavily criticized
after the court issued the new rules March 11.
More Information Go To: http://www.newsok.com/article/3220553
Guards' Pasts Not Probed: State Does Not Regulate In-House
City Beach, FL - The Sandpiper Beacon security guard accused of
sexually assaulting a teenage spring breaker last week was exempt
from a state law requiring at least a week's training and a nationwide
criminal history check. State officials said Shawn Wuertley did
not have a Florida security license and would not have qualified
for one because of his prison record. But, because he worked for
the hotel and not a security company, a license was not necessary.
"If a private entity such as a motel wants to use one of
its own staff members, and not carry a gun, the person does not
undergo any special training or any background investigation,"
said Terry McElroy, spokesman for the Florida Division of Licensing.
It is not clear whether the hotel conducted its own background
check when he was hired.
More Information Click
are continuing to create boutique criminal records databases.
Baltimore, Maryland recently approved legislation that would create
a public Gun
Offenders Registry, requiring those convicted of gun related
offenses register their name, address, and photograph with the
police department. As yet, a Web database is not available.
For More Information On Other Boutique Criminal Records Database
Second Chance Through Expungement Program
Second Chance Through Expungement program, launched by County
Executive Robert Ficano, seeks to eliminate a barrier that often
keeps previously incarcerated people from getting a job. Under
the program, Wayne County residents who have had one nonviolent
offense and have not gotten into trouble in the past five years
will be eligible to get the conviction set aside. County dollars
will help fund expungements, which can cost as much as $1,200.
Expunging convictions has been legal in Michigan since 1965. A
partnership with Legal Aid and Defenders, Michigan State Police,
the Wayne County Prosecutor's Office and judges will help oversee
the process. There are about 8,500 nonviolent offenders in Wayne
County, but it's unclear how many of them are out of work and
eligible for the program, director Jones said. About 1,000 people
showed up for the meeting to find out about getting their records.
More Information Go To: http://www.detnews.com/apps/pbcs.dll/article?AID=/20080319/METRO/803190419/1409/METRO
Time To Go Back To School With employeescreenIQ
University , a first-of-its-kind interactive, educational
learning resource for human resource, security and risk-management
professionals, which features regularly updated, free background-screening
information aimed to help you make better hiring decisions. employeescreen
University is pioneering - an interactive learning tool designed
specifically for your use. The Web site provides you with the
opportunity to learn how to enhance your background screening
procedures with best practices, as well as important information
that affects your use of background checks. Click on this link
for your trip back to school! university.employeescreen.com
monitors current employees for criminal behavior.
Announces Newest Software Advancement For Professional Background
has launched its latest and highly anticipated online software
advancement called the InstaScreen Premiere 2.0.
The InstaScreen Premiere 2.0 is a full-featured, user-friendly,
Internet-based software, allowing background screening companies,
consumer reporting agencies and investigative industries to exceed
their clients’ expectations with the most simple and powerful
software on the market. The background screening industry is moving
rapidly away from manual transcription and data entry towards
electronic data exchange. InstaScreen Premiere 2.0 has been developed
to facilitate this transition with its Data Exchange Gateway.
Additional information Go To: http://www.tazworks.com/tazproducts.htm
Inc. Enhances Electronic Fingerprinting Solution
Inc., a leading provider of global
employment screening and applicant
management services, and technology partner Advantage Biometrics
Group, a leader in Live Scan technology, today announced the release
of Verifications’ enhanced electronic
fingerprinting solution that allows employers to electronically
submit fingerprints to the Federal Bureau of Investigation (FBI)
or applicable state agency. The solution combines a nationwide
network of electronic
Live Scan devices with a web-based management interface that
enables employers to initiate, track and manage the electronic
fingerprinting process right from their desktop.
Information Go To: http://www.verificationsinc.com/enhanced-electronic-fingerprinting-solution-press-release.html
CrimSAFESM Helps Online Dating and Volunteer Organizations Reduce
National Background Data (NBD), LLC, the leading provider of criminal
history database information, announces Registry CrimSAFE, a new
criminal background screening service. Registry CrimSAFE automates
the evaluation of criminal records and quickly delivers concise,
criminal screening decisions. By removing subjectivity from the
screening process and enforcing consistent screening decisions,
Registry CrimSAFE increases the effectiveness of criminal background
screenings. Effective screenings help online dating and volunteer
organizations decrease liability by reducing the likelihood of
allowing criminals to join these organizations.
For more information on CrimSAFE, visit booth # 315 at the Annual
NAPBS Conference on April 13-16 or visit www.NationalBackgroundData.com
This Month’s Challenge is sponsored by:
2008-2009 Background Screening Industry Buyers Guide
Here For More Information on the Buyers Guide
As the background
screening industry continues to get more competitive the firms
that will ultimately succeed will be those that create competitive
advantage through their people by offering continuous learning
opportunities to heightened their knowledge and capabilities.
We believe that having employees that are very knowledgeable about
the legal landscape of background screening is essential to continued
We are grateful
to Pam Devata, Seyfarth
Shaw LLP for providing the expertise for this valuable
endeavor. For information regarding the answers to the Legal Challenge
Questions, please contact Pamela Devata at Seyfarth Shaw LLP at
or 312-460-5000 or visit www.seyfarth.com.
your answer by clicking on it:
I am assisting my employer client with the adverse
action process, what is the best practice for sending
a notification to the applicant/employee?
it is an applicant, send two letters, one stating
they are not hired along with a copy of the report,
and one stating they can dispute the information in
they are an employee, send a letter notifying them
that they are terminated from employment, but you
do not need to send a copy of the report.
of the employee is an applicant or employee, send
a copy of the report, summary of rights, and a letter
telling them they are not hired or are terminated.
of the employee is an applicant or employee, send
one letter with a copy of the report, summary of rights
and information stating the company is thinking about
taking adverse action and the consumer can dispute
the report, then send a second letter taking the adverse
United States and European Union Negotiating Personal-Data
nation's precarious economy seems to be having dissimilar
effects on hiring. High-level and highly skilled workers
remain in demand while some U.S. employers are beginning
to think about hiring freezes and downsizings. A survey
conducted by New York consulting firm Mercer found that
33 percent of U.S. employers may implement hiring freezes
or downsize their staffs due to the current economic slump.
In addition, according to Milwaukee-based Baird Equity Research,
an international asset management firm, the rate at which
the economy is adding jobs has slowed.
More Information Go To: http://www.hreonline.com/HRE/sto
To Do When The Competition Heats Up And The Market Slows
By Bruce Berg
is me, my sales are down 10% and my profits are slipping
away. What should I do?”
Maybe you are
not facing this quite yet, however, if the economic forecasts
are correct, you will be in 2008. Classic marketing theory
says, in a down economy, you should increase your expenditures
for marketing and sales. You ask, “How can I increase
my expenditures when I anticipate my sales will drop; how
will I pay for these?” Well, there are some options.
the Full Article Go To: http://www.bergconsultinggroup.com/id60.html
BACKGROUND SCREENING INDUSTRY BUYERS GUIDE
You Like To Get Introduced to More Than 20,000 Human Resource
a Price Point That Fits Your Budget.
Guide is going to debut at the 2008 SHRM Annual Conference
in June in Chicago. We will be showcasing firms in the background
screening industry and distributing copies to more than
20,0000 human resource managers at conferences as well as
More Information Click
Here or to reserve space contact Barry Nixon at email@example.com
is Running Out For You To Be In This Landmark Publication!
Would Require Drug Tests For Welfare Recipients
County’s representative in the Missouri Senate, Sen. Jason
Crowell, R-Cape Girardeau, Wednesday filed legislation that would
require public benefit recipients to pass a drug test in order
to receive state benefits. The bill would require the Department
of Social Services to develop a screening program for those receiving
Temporary Assistance for Needy Families. "This program provides
an important outreach to help families in some dire situation
in Missouri," said Sen. Crowell. "This legislation will
assure that the people utilizing these funds are not abusing this
service, and are really trying to improve their quality of life."
More Information Go To: http://www.washingtonpost.com/wp-
THEFT AND DATA PROTECTION
Employees Steal: Five Reasons Your Business Could Be Vulnerable
last thing you want to discover is that one of your employees
is stealing from your small business. Not only is it a total violation
of your trust, but internal fraud also has the potential to put
you out of business. According to the Association of Certified
Fraud Examiners, businesses lose an average of 5% of revenues
each year to fraud. Could your company survive if an employee
stole 5% of your revenues? The new book, Essentials of Corporate
Fraud, details many of the red flags that may point to fraud in
your company. There are literally hundreds of warning signs that
might indicate an employee is engaged in a fraud scheme. Here
are a few:
an employee struggling with personal problems?
Employees with financial troubles, addictions, chronic
legal problems, instability in their personal lives, or unusual
work habits might be more likely to commit the fraud.
accounting errors popping up?
A company's accounting process and financial records
might also point to an ongoing fraud. Some of the best business
software will alert you if bookkeeping entries don't line up the
way they should.
More Information Go To: http://www.walletpop.com/2008/03/17/when-employees-steal-five-reasons-your-business-could-be-vulner/
Ways To Protect Your Data
lock our businesses, our homes and our cars to restrict wrongful
entry and burglary. We invest heavily in security systems to deter
and prevent loss. But how can we similarly protect intellectual
property? A recent “Trends in Proprietary Information Loss
Survey Report,” sponsored by Pricewaterhouse Coopers, revealed
that the U.S. Chamber of Commerce and the ASIS International Foundation
found that both Fortune 1,000 and small- to mid-sized businesses,
were likely to experience proprietary information and intellectual
property losses ranging from $53 and $59 billion. These losses
- research and development (49 percent);
- customer lists and related data (36 percent); and
- financial data (27 percent)
More Information Go To: http://securitysolutions.com/corporate/five_ways_protect_data/index.html
espionage is big business. According to the FBI, such theft costs
all U.S. companies between $24 billion and $100 billion annually.
Interestingly, only about 20 percent of those losses are tied
to cyber threats while the majority of them are associated with
low-tech schemes such as unlawfully entering open offices. No
business is immune. While most of the attention is on beefing
up information technology units to deal with cyber threats, many
smaller-to-mid-sized companies are losing ground to criminals
using ordinary techniques. Indeed, industrial espionage can range
from stealing intellectual property to trade secrets to marketing
materials -- all of which could be obtained by combing through
unprotected documents. "Economic espionage will be increasingly
common as nation-states use cyber theft of data to gain economic
advantage in multinational deals," says the SANS Institute,
an information security firm. "The attack of choice involves
targeted spear phishing with attachments, using well-researched
social engineering methods to make the victim believe that an
attachment comes from a trusted source."
More Information Go To: http://www.riskcenter.com/story.php?id=16107&PHPSESSID=1f3c5bf0b7ecfbe2e3c54abe6d412b5c
Driving License Fraud Scheme Involving Florida DMV Clerk
11, two men plead guilty in U.S. District Court, Tampa, Florida,
to wire fraud for their role in a Commercial Driver's License
(CDL) fraud scheme. Specifically, the DOT/OIG investigation disclosed
that the subjects conspired to pay bribes an employee of the Florida
Division of Motor Vehicles (DMV) whose responsibility was to monitor
CDL applicants and ensure their qualifications before she issued
a CDL. Once the clerk received a monetary bribe, she used her
employment position to fraudulently issue CDLs to individuals
who did not have the requisite training and documentation to support
their qualifications. The State DMV sent letters to all 144 individuals
who obtained CDLs via the clerk asking that these individuals
return to the DMV to ensure that the applications were processed
properly or else have their CDL revoked. Subsequently, 139 CDLs
were revoked. This investigation was conducted jointly with the
Florida Department of Law Enforcement and the Florida Department
of Highway Safety & Motor Vehicles.
Information Go To: http://www.oig.dot.gov/item.jsp?id=2260
BOOK ON BACKGROUND SCREENING AND INVESTIGATIONS:
Screening and Investigations
Managing Hiring Risk from the HR and Security Perspectives
By W. Barry Nixon,
SPHR and Kim Kerr, CPP
352 pages 16 ills
USD 49.95, Reference
click on the link to the left.
- 2008 Annual Conference
will be in New Orleans April 13 - 16, 2008 This will be
a conference you will not want to miss! We're going to bring
the party to the conference
Here For More Information
STRUGGLING WITH WRITING AND PUBLISHING YOUR NEWSLETTER:
can help you have a high quality e-newsletter to help nurture
your relationship with your clients and attract new clients. Our
customized newsletter service will take over your newsletter task
or create a new one for you. We can manage the creation of your
newsletter for you.
are constantly researching information to use for The Background
Buzz and you can put our research to use for you. Using the
information rich content from The Background Buzz (minus
the ads and competitors information) we will create a custom newsletter
your staff’s time to do more valuable work and save all
the hassle of researching or writing articles, formatting and
managing all the other ezine tasks with our customized ezine process.
Barry Nixon at 949-770-5264 or at firstname.lastname@example.org
for more information.
Place! Many Suppliers!
for the Top Suppliers in the Industry? Need to find a new Supplier?
VENDOR SHOWCASE which features suppliers to the
Background Screening Industry (go to www.PreemploymentDirectory.com,
click on ‘Click Here’ and then scroll down to Vendor
Showcase for Background Screening Industry Suppliers)
Global Emerging Markets at Your Peril
at the Executive Search Consulting Conference in New York, Andrew
Walker, Joint President of The International Executive Search
Federation (IESF), warned the audience of leading USA executive
search professionals that it was essential to be connected to
the Emerging Markets as that is where the multinationals are expanding
their operations – for manufacturing to lower costs and
in retail to tap the Emerging Middle Classes. If you are not connected
into these markets then you are not meeting their clients talent
needs at the very time they need them the most.
recession on your own doorstep in the US” Walker said”,
now is the time to be investing in markets in the emerging nations.
IESF took the view some years ago that opening offices with trusted
partners in India, Russia, China, Chile, Brazil, The Caribbean,
Eastern Europe for example, would enable us to serve our global
clients better by being there, not just by email, or video conference,
but by living, breathing and understanding what makes business
happen. All our global partners are local.”
is an important one for the entire employment services industry
which includes background screening and investigations firms.
are not alone in this view and it is interesting to note that
the top 5 global largest search firms quoted by Search Consult
are all Federations of Independent Search Houses, and all are
strong in emerging markets.
about these comments in light of the recent major purchases that
have occurred in the background screening industry ala Reed Elseviers’
buying Choicepoint and First Advantages’ purchase of Verify
Screening. Look around at the largest and emerging background
screening firms and you will see that all of them are establishing
a strong global footprint.
venture into the international arena to establish a global alliance
of professional background screening and investigations firms
is remarkably timely and truly an idea whose time has come.
Substantial content for this article is based on the article of
the same title that appeared at http://www.onrec.com/content2/news.asp?ID=20755
Screening Down Under – The Australian Standard AS4811:2006
By Guy Underwood
has had a relatively short exposure to the discipline of employment
screening, especially when compared with the US and European markets.
In the mid 1990’s the typical response by corporates when
questioned about their use of employment screening ranged from
“It is a small market and everyone knows everyone”
to “Isn’t that what we pay placement companies for.”
Fast forward to late 2001 and Australia was faced with the true
evil of global terrorism in the aftermath of September 11 and
a change in the regulatory environment courtesy of a raft of legislation
aimed at strengthening the financial services sector and combating
money laundering. Employment screening became recognized as a
vital tool in an organisation’s security risk management
framework, as well as minimizing its exposure to fraud and unethical
conduct by staff and contractors. Originally formed in 1999, the
committee working on the Australian Standard on employment screening
changed the focus of the standard from HR to risk management,
with the aim of allowing organisations to design a screening process
that would “reduce the risk of a potential security breach
and to ensure the integrity, identity and credentials of personnel
within an organisation.” The resultant standard was released
in June 2006 and called AS4811: 2006 – Employment Screening,
the first standard of its kind anywhere in the world.
More Information Click
Exporters To Undergo Background Checks
wheat exporters will face regular background checks under the
Federal Government's proposed new system for wheat marketing.
Federal Agriculture Minister Tony Burke says the draft legislation
will be made public within 24 hours and it will include a requirement
for yearly accreditation reviews. The new proposals are in response
to the so-called oil for food scandal in 2006. Mr Burke says the
background reviews will go back five years. "The test is
that they have to be a fit and proper company and there's then
a series of issues that Wheat Exports Australia is to have regard
to in reaching that determination," he said.
More Information Go To: http://www.abc.net.au/news/stories/2008/03/05/2181115.htm
Employers Face Jail For Failing To Check On Illegal Workers
February, 29 2008, the Immigration, Asylum and Nationality
Act 2006 comes in to force and employers will be subject
to a criminal offence if they knowingly employ illegal migrant
workers.A new survey highlights that business owners are
currently putting themselves at risk of fines and legal
action as they are not doing enough to verify the legality
of their employees. A joint survey run by BusinessZone.co.uk
and HRZone.co.uk found that 34 % of small businesses had
no process in place at all to verify the legality of workers.
Even in larger businesses with a dedicated HR function,
37 % leave it until the candidate has accepted a job offer.
Key changes to the current law include a civil penalty for
those that employ illegal migrant workers, of up to GBP10,000
per employee. However, the employer will have a defence
if it can prove that it has seen, copied and retained copies
of original specified documents, before employing an individual.
Employers will also have to carry out further checks at
specified intervals, to confirm the employee's ongoing entitlement
to work in the UK. In addition, employers will be subject
to a criminal offence if they knowingly employ illegal migrant
workers, which could result in employers being imprisoned
for up to two years and/or receiving a fine. For More Information
Who Cooked Up A Stellar CV
media outlets have picked up the story of the British chef
whose [ahem] 'exaggerated' CV had landed him his own show
on US cable, as well as a book deal and kitchenware range.
'Sir' Robert Irvine had reportedly claimed to have received
a knighthood from the Queen – just one highlight from
a storybook lifestyle which had also seen him make Princess
Diana's wedding cake and cook for the US President at the
White House. You couldn't make it up! Actually... it turns
out you could. Because added to those claims, and one about
a castle in Scotland, it would appear Irvine can actually
claim none of the above.
More Information Go To: http://www.lewis360.com/2008/03/press-briefing.html
construction workers are to be vetted using biometric face and
palm recognition screening during the building of the London 2012
site. The two-tier biometric access system, which includes palm
print reading and face recognition as each worker enters the site,
is part of a £354m security strategy for the 500-acre Olympic
park during its construction, which starts in June.
For More Information
Go To: http://www.recruiter.co.uk/Articles/336442/Olympic+screening.html
Protection and Privacy Factsheet
factsheet introduces the law associated with data protection and
privacy. It also provides an action plan for employers. There
is a plethora of statutes which address data protection and privacy,
but the main legislation governing data protection is the Data
Protection Act 1998 (DPA) which came into force on 1 March 2000.
DPA implements an EU Directive (the Data Protection Directive
95/46/EC) and both the Act and the Directive aim to give individuals
rights in connection with the processing of manual and computerised
personal data and on the movement of such data.
More Information Go To: http://www.cipd.co.uk/subjects/emplaw/dataprot/dataprotec.htm
Protection Challenges For 2008 To Be Examined
protection officers from across the country are meeting to address
some of the key data protection challenges facing organisations
this year, as the protection of personal information becomes an
increasing priority for both organisations and individuals. The
Data Protection Officer conference in Manchester, hosted by the
Information Commissioner’s Office (ICO), will also launch
the ICO’s data protection strategy. The data protection
strategy sets out how the ICO goes about its task of minimising
data protection risk. In doing so it explains how the ICO will
focus its data protection resources on situations where there
is the greatest risk of harm to individuals through improper use
of their personal information.
More Information Go To: http://www.workplacelaw.net/news/display/id/14035
Overseas Workers Factsheet
gives basic introductory guidance. It:
· offers advice to employers considering employing migrant
· introduces the law and employers' responsibilities
· covers other areas including contracts and personnel
may choose to employ overseas workers for a variety of reasons.
In order for this policy to succeed the HR department/function
should ensure that the organisation is equipped to deal not only
with the ‘hard’ issues such as contracts, work permits
and pay but also the ‘soft’ issues. These may include
employment for the overseas worker’s partner, schooling
for the children and help with the family’s adjustment to
a new culture. In March 2006, following a wide-ranging consultation
exercise, the Home Office published proposals for a new Points
Based System (PBS) managing the flow of migrants from outside
the EU coming to the UK for work or study1. The new system is
being introduced in a phased manner, with processes being tested
at each stage before firm implementation dates are announced.
More Information Go To: http://www.cipd.co.uk/subjects/intlhr/empfn.htm
who supply staff to the NHS will be required to undertake new
candidate vetting procedures from April. Under new guidelines,
recruiters will have to carry out face-to-face identity checks.
In addition, the new pre-employment checks will cover: the right
to work; professional registration and qualifications; employment
history and references; criminal records; and occupational health.
More Information Go To: http://www.recruiter.co.uk/Articles/336504/NHS+vetting.html
have greatly enhanced our International Resource Center to be
a valuable resource for anyone looking for information on doing
international background verifications, vetting or verifications.
It includes information on international data protection and other
laws, terrorist searches and much more. Also included is very
practical information on time zones, locating cities, holidays
in different countries, etc.
International Training Resources
We have added International Training Resources to the International
Resource Center. We will update this section as we identify new
training and educational opportunities.
this valuable resource so you can use it over and over.
view the International Section go to www.PreemploymentDirectory.com
and look under the gray line like below in the middle of the page:
Call For Tougher Checks Of Pennsylvania School Staff
every day, Tina Tranauskas sees more and more need to require
stronger employee background checks for people who work in schools.
The bill she's pushing, sponsored by State Sen. Robert C. Wonderling
(R., Montgomery), would prohibit anyone convicted of a serious
crime from working in schools and would close the gaping loopholes
that set Pennsylvania apart from New Jersey, which requires greater
reporting and more extensive fingerprinting of school employees.
Wonderling's bill would also require annual fingerprinting for
all those working near children. It would require the fingerprints
to be kept in a database and would compel law enforcement agencies
to notify administrators whenever school personnel are charged
with crimes. In such cases, Tranauska said, administrators would
decide whether employees charged with crimes could remain at school,
pending the outcome of their cases.
More Information Go To: http://go.philly.com/checks
you to pull up a chair, take a break and join us in the Background
Bistro to sip a latte and chat with this weeks guest:
Boes, President, Accio Data graciously agreed to talk with
us. He started Accio Data with a desire to help people and
to fill what he saw as an obvious technology gap in the
industry. He also had a desire to be self-employed and thought
the background screening industry was a good avenue to accomplish
this goal. Prior to starting his own firm Barry worked in
the semiconductor industry. After 911, it became obvious
him that having an efficient and reliable background check
system in place moved beyond being a good idea to business
necessity. He noted that hiring an employee that violates
US immigration laws can cost you time and money. Even more
important, he stated that hiring an
with a criminal record can cause lawsuits, costly attorney
fees and irreversible damage. Accio Data was started to
help firms avoid these costly type of hiring mistakes.
Barry explained that his firm’s main clientele usually
consists of background screening firms that use Accio Data
for process automation, billing and to garner a competitive
advantage in the marketplace. He noted that they have implemented
several systems such as student backgrounds, self-screening
for associates, selling of public records and litigation/investigations
to help your company run at an optimum level.
asked about his role as President of the company and how
he spends his time he indicated
he spends a considerable amount of time talking to existing
clients about their needs and talking to researchers on
ways he can improve the company’s processes as well
as what can be done to improve the industry. The input he
gets from everyone [clients] is that they always want more,
everyone is looking for a technical advantage. He commented
that overall they like what we do, but always want to know
how we can provide newer and more unique services. In addition,
he mentioned in today’s challenging employment marketplace
he spends a good amount of time scouting for technical talent.
He has seen a lot of change in the industry particularly
noting a greater presence of database searches which is
something that every company needs to be competitive. He
sees the barrier to entry are getting to be much more difficult
and the competition has risen considerably.
to the future he mentioned that he is planning on implementing
automated screening notification and that the firm is working
on an e-verifying process to verify a persons eligibility
to work, based on their social security number. He also
indicated that there are a few other secret projects Accio
Data has in the mix as well so stay tuned. One point that
came across in a very resounding manner is that Barry has
a burning desire for Accio Data to be the best that it can
be and to provide the best services possible to his clients.
He closed by saying he remains very optimistic about the
future of the background check industry and stated he certainly
didn’t see it slowing down anytime soon.
For more information on Accio Data, you can contact Barry
at 888-450-2060 or you may visit their website at www.acciodata.com.
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