Background Check Pre-Employment & Employment

Background Check Pre-Employment & Employment

PURPOSE

As a professional services corporation, it is our duty and responsibility to ensure that we are conducting ourselves in a professional and legal manner; by doing so, we can safeguard consumer data and prevent fraudulent use or distribution of this data. We also have fleets of vehicles that require insurance, and we need to mitigate and eliminate potential risks when it comes to accidents. Since we have a wide range of professional services, we conduct background checks for pre-employment, during employment, and in some cases (those who operate our vehicles), we conduct DMV monitoring to ensure compliance with our safety standards and procedures. For some positions within our company, criminal background checks are required by law to be conducted and examined.

 

OBTAINING BACKGROUND REPORTS

Upon the acceptance of an offer of employment, candidates will be sent an invitation from our 3rd party background check administrator, Checkr, Inc. Checkr will request personally identifiable information, such as your name, address, date of birth, social security number, and state identification number. Candidates will be required to complete disclosure and authorization forms authorizing Checkr, Inc. to conduct these specific background checks. This authorization may be made in either electronic or written form and remain valid throughout the employee’s position with Fields & Smith Services, LLC., if hired as allowed by applicable law.

 

Background checks will be kept confidential and will only be shared with individuals who have a business need to review the information to make employment decisions. Reports will be retained in accordance with Fields & Smith Services, LLC. retention procedures and federal and state regulations.

 

THE TYPE OF BACKGROUND CHECKS WE CONDUCT

Our background checks are comprised of multiple record types. These types are listed below and may not contain the entire list of background checks. Some checks, Motor Vehicle Reports), we may conduct periodic or continuous checks on.

  1. County Criminal Search (last 7 years)
  2. Federal Criminal Search (last 10 years)
  3. Motor Vehicle Report
  4. National Criminal Search
  5. Sex Offender Search
  6. Social Security Number SSN Trace
  7. State Criminal Search (last 7 years)
  8. Global Watchlist Search

CRIMINIAL BACKGROUND REPORTS

The existence of a criminal record will not automatically disqualify a candidate from employment. If a criminal record is received during the background check, the information in the record will be compared with the information on the disclosure and authorization form and any other identifiable information provided by the candidate to ensure the record belongs to the candidate. If a candidate’s background check includes a criminal offense, Fields & Smith Services, LLC. will conduct an individualized assessment to determine whether excluding a candidate based on the offense is job-related and consistent with business necessity. Factors that may be taken into consideration prior to making an employment decision, include, but are not limited to:

  1. The nature and gravity of the offense.
  2. The nature of the position held or being sought, including the specific duties and responsibilities of the position.
  3. The relevance of the offense to the position being sought.
  4. The time which has elapsed since the offense.
  5. The age of the candidate at the time of the offense.
  6. The facts or circumstances surrounding the offense.
  7. The number of offenses for which the candidate was convicted.
  8. Evidence that the candidate performed the same type of work, post-conviction with no known incidents of criminal conduct.
  9. The length and consistency of the candidate’s employment history before and after the offense.
  10. Relevant evidence of rehabilitation, including any education or training completed following the offense.
  11. Employment or character references or other relevant information regarding fitness for the position held or sought.
  12. The interest of Fields & Smith Services, LLC. in protecting property, and the safety and welfare of other employees, the public and/or clients.
  13. False statements or material omissions made by the candidate on their employment application or during an interview.
  14. Any other factors that are mandated by federal or state law.

AUTOMATIC DISQUALIFYING OFFENSES

  1. Any fraud related charge. Including misuse of credit cards, counterfeiting, forgery, tampering with records, passing bad checks, telecommunications fraud, misrepresentation, identity theft, conspiracy, engaging in patterns of corrupt activity.
  2. Murder, no matter the time that lapses.
  3. Voluntary manslaughter where prison time was imposed within the past 10 years.
  4. Voluntary manslaughter where no prison time was imposed within the past 10 years.
  5. 1st or 2nd degree felony assault, aggravated assault where prison time was imposed within the last 10 years.
  6. Crimes against children, including kidnapping, or any sexual in natural charge against children.
  7. Child Endangerment, where death was a result of the endangerment.
  8. Registered Sex Offender.
  9. Present on any criminal watch list.
  10. Felony Theft Charges where prison time was imposed within the past 4 years.

ADVERSE ACTION

Candidates and employees will be provided with a copy of the criminal record obtained by Checkr, Inc. prior to Fields & Smith Services, LLC. questioning the individual about their criminal record.

 

Prior to taking any adverse action in whole or in part on information in the background check, the candidate or employee will be provided with a pre-adverse action notice along with a copy of their background checks, a summary of rights under the FCRA, and any other applicable documents as required under the FCRA or state law.

 

Candidates and employees will be afforded the opportunity and an appropriate period to provide information or data that explains any discrepancies or inaccuracies contained in the background report before an employment decision is made. If after that period, adverse action is still deemed necessary, the applicant will be provided with an adverse action notice regarding that decision.

 

FAIR CHANCE HIRING/PROMOTING

We believe in rehabilitation, and we believe that everyone deserves a fair shot at employment. Prior to any adverse action being taken, each candidate and employee will have the opportunity to provide their side of the story for their criminal background. Each candidate’s story and history will be taken into consideration before an adverse action is taken. We use the techniques listed above to evaluate each candidate, and their ability to be a conductive member of our team and continue their rehabilitation.

 

FAIR CHANCE AND THE LAW

While we believe in rehabilitation and giving everyone a fair chance of employment, there are some criminal backgrounds that may disqualify you for a position within our company. This regards positions that require a license, credentials, and/or some local, state and/or federal certifications. In the event there are restrictions placed on positions enacted by law; we are not able to bypass these restrictions. 

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