Check me out

Many of the stories I see about background checks have a familiar theme. “Background checks are a good idea, but I don’t want you to check on me.” That’s why a story out of Rapid City, South Dakota stands out.

The headline reads: “Ice cream vendors embrace background checks.” Here’s the lead.

Details of Rapid City’s proposed background-check requirement for ice cream vendors are still being hashed out, but truck operators say they won’t have a problem with the new rule if it is implemented.

The first question is: “Why do background checks on ice cream vendors?” They may not seem like a potential threat, but think back to the last time you were at a public park in the summer.

Remember what happens when the ice cream truck comes around. Kids beg parents for ice cream. Moms and dads hand over money and send their little darlings off to the truck.

You hardly ever see a parent who walks to the ice cream truck with their child. And that means that a vendor with evil intent toward a child may have the opportunity to snatch one up.

So Rapid City is drafting an ordinance to do a criminal background check on ice cream vendors. And the vendors, unlike some folks, say that’s just fine with them.

In fact, Keith Storm, one of the vendors only really has one concern. He hopes the process won’t be a burden, since he already went through a background check to sell ice cream around schools.

So here’s a hearty “Bravo!” […]

By |April 30th, 2008|Categories: Background checks|

Check ‘em all

A story in the Muskogee Phoenix headlined: “Wanted: Students, not felons” describes how some colleges are now including criminal background checks in their application process. Here’s an excerpt.

Along with their grades and residence status, high school seniors face another important question on their college applications: ‘Have you ever been convicted of a felony?’ And many colleges, including the University of Oklahoma and nursing programs at Connors State College and Northeastern State University, back that question up with criminal background checks.

In other words, what happens is that the college asks an applicant if he or she has a felony conviction. If the answer is “No,” they proceed with the admissions process. If they answer “Yes,” the college runs a background check.

This strikes me as dangerous. In the interests of streamlining the process for people with no criminal record, they put those same people at risk.

Think about it. In common law as practiced in most of the US, a felony is a crime that carries a possible sentence of a year or more in prison. We’re talking things like battery, arson, burglary, illegal drug sales, embezzlement, grand theft, robbery, murder, rape, kidnapping and fraud.

It seems to me that if a man or woman has been convicted of a crime like that, they’re more likely to lie than a person without a criminal record. That’s why I’d like to see criminal background checks as part of every college admissions process.

My guess is that would discourage some felons from applying at all. It […]

By |April 29th, 2008|Categories: Criminal checks|

Watching out for the weasel words

Oh, the irony of the background check!” was the headline on a story in the Pocono Record in February. One of their readers offered the following.

A few months ago, I applied for a job at the new distribution center in Gouldsboro. I had the interview, got hired, passed the urine test, then they do a background check which they find a misdemeanor theft charge from two years ago, which was over some coins. I was accused of stealing, but since I was there, I could not prove I did not. Anyway, they told me they could not hire me.

Let’s look at this because it illustrates some issues about hiring that are important. Wording is a good place to begin.

The person refers to “misdemeanor theft charge from two years ago, which was over some coins.” Clearly he’s trying to put things in the best light. In the ad business those would be called “weasel words.”

It may have been a misdemeanor, but it was probably a conviction, not just a charge. Certain criminal databases, like SentryLink, that businesses use for background checks don’t note arrests or charges, only convictions. That’s how we interpret the Constitution’s principle of “innocent until proven guilty.”

We don’t know how many coins were involved and we don’t know if they were currency or collectables. What we do know is that stealing was involved and the fact that it was two years ago is irrelevant.

If I’m the hiring manager, here’s how my reasoning would go. “We’re considering […]

By |April 17th, 2008|Categories: Criminal checks, Employment screening, Privacy|

Hello, I love you, let me check your background

To background check, or not, is online love’s latest question, at least according to the Salt Lake Tribune. The course of true love has never run smooth, but who ever thought it would come to this?

There have been plenty of stories lately about men and women using background check services like SentryLink to check out prospective dates. But now the battle has moved to the online dating services. According to the Tribune story:

The contentious issue of the moment – pitting one of the three biggest companies, True.com, against its major rivals – is whether online dating services can enhance their clients’ safety by conducting criminal background screenings of would-be daters. Last month, New Jersey became the first state to enact a law requiring the sites to disclose whether they perform background checks. True.com – the only large online dating service that already does such screenings – was elated by its successful lobbying and hopes other states will follow suit.

There are two things going on here. True.com is seeking a marketing edge and preying on the fears of people who might be considering using an online service to help them find a date or a mate.

Many people use online services like Match.com or Eharmony.com because they’ve exhausted the usual sources of dates. If you can’t find a date among the people at work, at church, at school or at a volunteer activity, what do you do?

There seem to be three choices. You can assume that dating is not in your […]

By |April 15th, 2008|Categories: Background checks|

Beware the thumb drive

Several newspapers recently carried the story of an outside firm doing background checks for the Nevada Department of Public safety lost the personal data of over one hundred applicants. It seems that an employee of the firm had the data on a thumb drive and lost the device.

“Thumb drive” is the name given to little memory devices that hold a lot of data and plug into a USB port on your computer. They’re sometimes called “keychain drives” or “flash drives.” Thumb drives are about the size of your index finger and can hold up to 16 gigabytes of data.

Thumb drives have become popular devices for transporting data or transferring them from one computer to another. A worker from the Nevada company there probably put sensitive files on the thumb drive and slipped it into a pocket or purse.

The very convenience that lets you slip a thumb drive into your pocket makes it a security risk. That’s because it can easily slip out without you noticing.

You owe it to applicants and employees to keep their information safe. Most of the time that will mean keeping it on a secure computer with limited access. If you’re using a thumb drive, or any portable media, to store sensitive information, make sure the data is encrypted.

If you’re using a thumb drive to transport data the encryption rule holds but you also need to keep the device secure. There are three common ways that users do this.

Some users carry their thumb drive on a key […]

By |April 8th, 2008|Categories: Privacy|

One more way applicants can slip through the cracks

An article in the Colorado Springs Gazette outlines how deferred sentences can let someone convicted of a crime pass your background check. Here’s what happened in Colorado.

Robert Lawrence Psaty worked as a mental health clinician at the Colorado Mental Health Institute. A waiter noticed him slip a pill into his companion’s drink while having dinner. The waiter, smart fellow, took the drink from the table and called police.

Psaty was arrested. It turns out that he’s been in trouble before, in 1994 and again in 2002. In both cases he received a “deferred sentence.” Here’s what that means according to the Colorado Judicial Branch:

An arrangement in which a defendant who pleads guilty is placed on probation for up to two years, usually with conditions. If the defendant successfully completes probation, the guilty plea is withdrawn and the case is dismissed. If the defendant fails probation, he or she may be sentenced based upon the guilty plea.

Here’s what that means for Psaty, for the Colorado Department of Human Services who ran the background check on him, and for you. It’s like that conviction never even happened.

The court decided, in 1994 and in 2002 that Mr. Psaty had met the conditions established by the court at sentencing. The cases were then dismissed. When the Department of Human Services ran their background check, there were no convictions on the record.

This just emphasizes the point that while a background check should be part of your hiring process, it shouldn’t be the only part. […]

By |April 4th, 2008|Categories: Background checks, Criminal checks|
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