Ten years ago Cynthia Benavidez and her boyfriend were pulled over by APD for improper use of a license plate. After further scrutiny of the car, police found meth pipes. Further search turned up all the necessary materials needed to run a mobile meth lab inside their trunk. The original arrest ended with the felony charges dropped and Benavidez sentenced on misdemeanor drug charges. Today, Benavidez is working at an Albuquerque high school – Rio Grande High School - for the APS police department.

Benavidez’ employment at APS is not a case of poor background checks. The APS looks at all convictions and charges in a person’s criminal history to see the severity of the conviction as well as if it has anything to do with children. According to APS, Benavidez has not been in trouble with the law since 2004. In addition, the dismissal of the felony charges also played a large part in APS’ decision to hire Benavidez.

Benavidez’s case is not uncommon in Arizona. In fact, Kayla Anderson, a spokeswoman from the district attorney’s office, states that these plea deals are designed to give people a second chance and change their ways without having a felony conviction on their record. Most people are placed on a period of probation after the plea deals. As long as they follow the rules set forth during the probation period, the courts will ultimately dismiss the convictions. Of course, these plea deals are only given to defendants who have minimal criminal history and after they show acceptance for the offense they have committed. Even if the conviction is dismissed in court, ultimately these charges and arrests will still show up during background checks. APS carefully looked through Benavidez prior arrests and charges as well as her behavior and made the decision to give her a second chance.

Benavidez has been working for APS since 2010, and they state that she has been an excellent employee and has not caused any trouble since she started. New Mexico is one of the growing number of states that does not require a criminal history box on job applications. However, all public schools do perform the necessary background checks on all potential new hires. Benavidez’ case is an excellent example of how a criminal can reform into a model employee and private citizen. As evidenced, a criminal history does not necessarily negate a person from being able to perform in a work environment.

If your organization needs information to help vet employees, but you prefer not to rely exclusively on the use of criminal records to do that, there are still many other options you can put to use. For example, at backgroundchecks.com, organizations like yours can get access to Reference Verifications, which can help you confirm personal qualities like character, integrity, and dependability. You can also use their Past Employment Verification or Education Verification to make sure the experience and education listed on their resume can be confirmed. In many cases, former convicts who are turning their life around will have records that show a positive pattern of behavior in recent years. By using verifications in addition to a criminal background check, you can get a more comprehensive picture of your applicant and a better idea of who you might be working with.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) and cofounder of the Expungement Clearinghouse - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.krqe.com/dpp/news/local/central/aps-hires-woman-with-criminal-history

Author: Michael Klazema

A hotel employee in Muskegon Heights, Michigan, has been charged with a felony for allegedly stealing money from her employer, adding to her lengthy criminal record. Twenty-four-year-old Kortney D. Lewis was charged with larceny from a building and as a fourth-time habitual offender. She was employed at the time by the Red Roof Inn as a room cleaner, and was allegedly caught stealing $220 cash from the room of her assistant manager. According to Muskegon County Chief Assistant Prosecutor Brett Gardner, Lewis’ manager gathered the evidence from both video and key card information. When she was later confronted about it, Lewis admitted to stealing the money from the room.

This most recent arrest is not the former employee’s only brush with the law. Lewis has been convicted in the past for a 2006 embezzlement charge, a larceny conviction in 2009, and credit card theft the same year. Gardner wasn’t sure if the hotel knew about Lewis’ criminal history or gave a background check. He said it was “difficult to sympathize” with the hotel management in charge of hiring Lewis based on her extensive criminal background. He holds the hotel partially responsible, and said it “defies common sense” to let someone with her history gain entry to rooms that may contain valuables.

Hotel management said that they are now conducting background checks since this incident, and would not have hired Lewis if they had been aware of her criminal convictions. Lewis was released on bond, and awaits a preliminary examination. If convicted, the felony charge Lewis faces carries up to a four year sentence. This is a similar situation found in the recent article, Small Business Owner Shocked by Revelation That Employee Was Sex Offender , where the employer was not checking on criminal histories at the time of hire. When an employer fails to conduct background checks on potential employees, they are putting their business at risk. In this case, if the employee had stolen from a guest instead of her manager, it could have harmed the hotel’s reputation and worse, possibly opened them up to a lawsuit.

By making a reputable company like backgroundchecks.com a part of your hiring process, you can be assured you are getting the best and most thorough screening techniques available. With access to countless criminal databases nationwide, they have many options available, several with instant results. Their US OneSEARCH gives you instant information from more than 430 million criminal records from counties, Department of Corrections (DOC), Administration of Courts (AOC) and State Sex Offender Registries covering 49 states plus Washington, D.C., Puerto Rico, and Guam. Also included are national and international terrorism sources, more than 11 million photos, and their proprietary database of previously completed reports. Or try their Ongoing Criminal Monitoring tool, which allows you to automatically run a continuous background check against a name and date of birth. You will be notified via email of any new information that may appear on their record. They will run the name for one year and remind you when it is time to renew the monitoring, plus you can remove the name from being monitored at any time. You owe it to your business and customers to use the best background screening techniques available from backgroundchecks.com.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) and cofounder of the Expungement Clearinghouse - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.mlive.com/news/muskegon/index.ssf/2012/07/muskegon_heights_hotel_employe.html

A recent city audit conducted in Richmond, Virginia, has found that the Department of Parks, Recreation and Community Facilities has not been following proper procedures when performing background checks. According to Richmond city policy, all employees and volunteer working closely with children must submit to a background check. The audit spanned an 18-month period, and a report from the City Auditor found that three of 30 volunteers hired during that time period were convicted felons. With convictions as recent as 2009, some of the crimes included contributing to the delinquency of a minor, assault, and drug possession. The audit also found that 14 of the 30 hired volunteers did not even complete a background check.

Parents are shocked by the audit's findings and the lack of proper background checks. According to parent Audra Scott, “It is alarming. I definitely think that it’s important that the community knows who those people are, and that they’re working with them.” Scott added, “And again, not to say that those individuals can’t do great things within the community. But that certainly, I think that proper procedures need to be in place.” Norman Merrifield, Richmond Parks and Recreation Director, said “We found that we are working with thousands of volunteers, keeping in mind that we run a great park system as well as many recreation programs.” “Maybe one or two people have come on board as volunteers and it just simply was an oversight.”

The Audit also found that residents do not have th same access to either senior or kid recreation centers, depending on where you live in Richmond. “Recreation should not be defined in terms of facilities but in terms of services,” Merrifield said. “And we continue to look at the services on each side of town to determine whether or not that need is actually there.” Parent Shae Smith states, “They’re really contradicting themselves to say they need to be involved in some activities.”  “But there’s really no activities for them to get involved in.” Merrifield, who has only been on the job for a year, has said the city is tightening its background check policy. However, the City Auditor said that the city administration has not agreed on six out of 15 suggested recommendations involving problems with the city’s recreation services.

As referenced in the recent article, Montana Dance School Had Convicted Sex Offender on Staff, it is easy for a convicted criminal to be working with children if you are not conducting regular and thorough background checks. By using the services of a company like backgroundchecks.com, you can be assured you are using the best screening techniques available. With access to countless criminal databases nationwide they provide several options with instant results. Their instant US Offender OneSEARCH includes sex offender information from 49 states (plus Washington D.C., Guam, and Puerto Rico) with photos. Or try their Ongoing Criminal Monitoring tool, which allows you to automatically run a continuous background check against a name and date of birth, and they will notify you via email of any new information that may appear on the record. They will run the name for one year and remind you when it is time to renew the monitoring, and you can remove the name from being monitored at any time.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://wtvr.com/2012/06/26/city-audit-shows-convicted-felons-worked-with-kids/

The announced crack down by the Equal Employment Opportunity Commission (EEOC) in the illegal use of criminal histories when making hiring decisions has led to confusion for many small businesses across the country. As discussed in the post EEOC Issues Guidance on Employers' Use of Criminal History in Employment Decisions, the guidelines do not prohibit the use of criminal histories uncovered during background checks in making hiring decisions, but in how the records are used.

Nebraska car dealership owner Brian Hamilton said, “We have tests that all of our managers take that keep them up to date on labor rules. But I was not aware of that one.” Hamilton employs about 160 people in his four dealerships. According to Houston labor attorney Laurence E. Stuart, “Many companies that size don’t have an H.R. person and get minimal education about compliance issues.” However, the EEOC guidelines, which aim to prohibit discrimination, have been in place since the 1970s. What is new in the policy is the requirement of employers to establish procedures showing they are not using criminal records as a way of discriminating by race or national origin.

Part of the guidelines by the commission warn to not rely on arrest records in hiring decisions. The reasoning being, “arrests are not proof of criminal conduct”, and not hiring based on an arrest record could be discrimination. But, according to the guidelines, an employer can “make an employment decision based on the conduct underlying the arrest if the conduct makes the individual unfit for the position in question.” And an employer is allowed to not hire an applicant if a criminal conviction is discovered in their background check, if the employer is able to demonstrate the reason for exclusion is “job-related for the position in question and consistent with business necessity.

Mr. Stuart believes employers would rather have less ambiguous criteria “and a simple yes-or-no answer to a hiring decision.” But, he says that the EEOC is requiring “employers to first determine what criminal convictions might rule applicants out for each job and then judge each candidate against the job in question, which could be a painstaking process.” According to Chicago area human resources consultant Andrea Herran, “It’s almost like you’re being squeezed on both sides of the law,” Ms. Herran said. “If somebody’s making them nervous with their criminal history, and they’re worried about getting sued on the other side, what’s a business owner supposed to do?”

Find beter information than arrest records by using the services of a company like backgroundchecks.com. With access to countless criminal databases nationwide they provide several with instant results. Their background searches can uncover information from 49 states (plus Washington D.C., Guam, and Puerto Rico), even photos. Or try theirOngoing Criminal Monitoring tool, which allows you to automatically run a continuous background check against a name and date of birth, and they will notify you via email of any new information that may appear on the record. They will run the name for one year and remind you when it is time to renew the monitoring, and you can remove the name from being monitored at any time.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.nytimes.com/2012/06/21/business/smallbusiness/us-presses-on-illegal-bias-against-hiring-those-with-criminal-records.html?pagewanted=all

An investigation of the records of a Norwalk, Conn. nursery school shows that the school failed to perform proper background checks on a former preschool teacher accused of molesting two students. According to the Connecticut Department of Public Health, Frank Canosa, owner and director of Tumble Bugs Day School, and his staff “failed to ensure the safety, health and development of the children in care.” The abuse is alleged to have occurred approximately two years ago, and a 44-year-old teacher was arrested for the alleged incident earlier this year.

Following the arrest, Canosa sent an email to parents assuring them that all Tumble Bugs teachers undergo background checks conducted by the Department of Children and Families, as well as state and federal fingerprinting. Additionally, he said that staff also receives semi-annual abuse and neglect training. However, prior to the arrest, a September 2011 inspection by Department of Public Health investigators determined that Tumble Bugs did not complete the appropriate background checks for the accused teacher. In December 2011, Canosa received a violation notice from DPH child care licensing supervisor Sandra L. Lok, which stated Tumble Bugs “failed to submit to the department fingerprint cards for state police and federal criminal record checks and specific forms for a DCF child abuse/neglect record check.”

Cansosa’s attorney, Stephen Sedor, is disputing the DPH charges, and notes that there has not been any disciplinary action taken against Tumble Bugs. Says Sedor, “Tumble Bugs did not fail to ensure the children’s safety and beyond that I have no further comment.” The violation notice also stated that the allegations “could result in regulatory action up to and including revocation of your license to provide childcare.” At this time, no action has been taken against the preschool. After a compliance meeting Canosa and his attorney attended with DPH in January, it was concluded that corrective actions taken by Tumble Bugs were “found to be appropriate and therefore no formal discipline against the license was deemed necessary,” according to DPH spokesman William Gerrish. DPH has since closed the case.

However, the allegations and arrest of the teacher has parents concerned. Mike Gordon, parent of a child enrolled at Tumble Bugs at the time of the alleged abuse is “horrified”, and surprised to find out the preschool failed to perform background checks on the accused teacher. “I think common sense, not to mention state law, would ensure that day care employees get the proper background checks," he said. "It's stunning that in this case it didn't happen, and tragic.”

Is your business up to date on regulatory background searches? Even if it’s not the law, it’s still a good idea to perform regular background checks on all employees. By using backgroundchecks.com, you’ll be assured of results you can trust. With access to countless criminal databases nationwide, they provide several options for instant results. Their US Offender OneSEARCH includes information contained in their comprehensive US OneSEARCH. Plus, this data includes sex offender information from 49 states (plus Washington D.C., Guam, and Puerto Rico) with photos. Or try their National Wants and Warrants search. This search will give results within one to two days, and is a nationwide search of local, county, state, and Federal extraditable warrants, and may include misdemeanors or felonies. Most law enforcement agencies contribute to this database. Get the information you need the most, when you need it, with backgroundchecks.com.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.thehour.com/news/norwalk/documents-show-tumble-bugs-failed-to-conduct-background-checks/article_f96635c8-e720-5da2-94ec-c8e434973975.html

In 2008 a camera belonging to third-grade teacher Eric Justin Toth was found to contain explicit pictures of a child who attended Washington D.C.’s exclusive Beauvoir elementary school. Toth taught at the school since 2005, which caters to children of government employees, lawyers and entrepreneurs. When school head Paula Carreiro discovered what was on the camera, she promptly fired Toth and ordered him off of school grounds. Shortly after an investigation started, it was discovered that Toth had also installed a hidden camera in his third-grade classroom bathroom and used it to record students. Ever since his firing Toth has been on the run, and is now on the FBI’s Ten Most Wanted list.

A well-liked and respected teacher, Toth came to Beauvoir school with recommendations, and a background check showed no known criminal history. However, Beauvoir was unaware of Toth’s past. The FBI has since found that parents were concerned Toth had become too close to their children while he was volunteering at an elementary school in Indiana between 2001 and 2002. And evidence was also found that from 2004 through 2006 Toth may have made child pornography while working at a summer camp in Wisconsin.

Although he was known for his teaching skills at Beauvoir school, some parents now question odd behavior he often displayed. He selected certain students which he heaped attention on, would tutor and babysit students – at times for free – and sometimes spent the night in his classroom closet. Parents also remember he would spend hours tutoring male students, while virtually ignoring the girls. However, his quirky behavior wasn’t questioned due to his intelligence and dedication to students.

Right before Toth was found out in June 2008, he was applying to move to Potomac School, another private school in the D.C. area. When school officials called Beauvoir to obtain a reference, they found out about the investigation and chose not to hire him. Since Toth has been on the run, he’s been spotted in Wisconsin, Minnesota, and was volunteering at a homeless shelter in Phoenix under an assumed name when he was featured on “America’s Most Wanted”. Someone recognized him and called police, but Toth disappeared before officers arrived. According to the FBI, he is most likely living with another identity, and may be working as a tutor or nanny.

How much do you really know about your potential or current employees? If you’re not using background checks, you could be missing out on vital information you need to know. By using a company like backgroundchecks.com, you’ll be able to make an informed decision. backgroundchecks.com has access to countless criminal databases nationwide, and provides several options for instant results. Their popular US OneSEARCH provides information from more than 355 million criminal records from counties, Department of Corrections (DOC), Administration of Courts (AOC) and State Sex Offender Registries covering 49 states plus Washington, D.C., Puerto Rico, and Guam. Also included are national and international terrorism sources, more than 4.1 million photos, and their proprietary database of previously completed reports. Or try their Ongoing Criminal Monitoring tool, which allows you to automatically run a continuous background check against a name and date of birth, and they will notify you via email of any new information that may appear on the record. They will run the name for one year and remind you when it is time to renew the monitoring, and you can remove the name from being monitored at any time.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com

Source: http://www.washingtonpost.com/local/crime/former-dc-teacher-makes-fbi-most-wanted-list-after-2008-child-porn-discovery/2012/05/16/gIQAPJJHUU_story.html

In the small town of Williston, North Dakota, it’s as if the recession that’s hit the rest of the country has never touched it. Williston, along with the surrounding area, is undergoing a big transformation thanks to a large oil field now being extracted. This oil boom has launched many high paying jobs, and new people moving to town every day to take advantage of the opportunities. One of those people is Epifanio Rodriguez Jr., a 49-year-old unemployed truck driver who arrived from Philadelphia with just a few hundred dollars in his pocket.

Rodriguez saw news reports and read online about the ease of finding jobs in Williston, and decided to move there after getting laid off of his job back home. Due to the demand for workers, and his experience driving dump trucks and tractor-trailers, he expected to have no problem finding a job. What he didn’t expect was that his over 20-year-old conviction would keep him from getting hired. Rodriguez said he was involved in drugs during his 20s, and served seven years in prison for drug charges and aggravated assault. However, he said he is now reformed, and doesn’t want to go back to being involved with drugs. When he was released from prison in 2000, he took up truck driving. Now, because he is upfront about his convictions, he is so far out of luck in Williston. The guidelines for pre-employment background checks are regulated by the Federal Trade Commission’s Fair Credit Reporting Act.

In a lot of states employers can still ask potential employees if they’ve “ever” been arrested. But unless like Rodriguez, they answer honestly, it is hard to find out about criminal backgrounds beyond seven years. If a job-seeker agrees to a background check, then employers can look up such records as driving reports, credit reports, verify education, civil and criminal court cases, incarceration records, and more. But according to privacyrights.org, after seven years, records of arrest from date of entry, are not allowed at all to factor into the decision making.

Rodriguez said he has met others like him in Williston, who are out of luck because of criminal histories, even from long ago. He just wants to find a job driving trucks, live an honest life, and earn enough money to put his daughter through college.

You can’t always expect to find a potential employee as forthcoming about their past as Epifanio Rodriguez Jr. Do you know the laws when it comes to giving pre-employment background checks? Know who you can rely on. A company like backgroundchecks.com has this expertise and will guide you through this process. backgroundchecks.com has access to countless criminal databases nationwide, and provides several options for instant results. Their Ongoing Criminal Monitoring tool allows you to automatically run a continuous criminal background check against a name and date of birth, and they will notify you via email of any new information that may appear on the record. Or try their popular US OneSEARCH. This option provides information from more than 355 million criminal records from counties, Department of Corrections (DOC), Administration of Courts (AOC) and State Sex Offender Registries covering 49 states plus Washington, D.C., Puerto Rico, and Guam. Also included are national and international terrorism sources, more than 4.1 million photos, and their proprietary database of previously completed reports.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source:http://www.willistonherald.com/news/crime-and-punishment-those-with-a-criminal-history-have-a/article_f12e991a-a206-11e1-af6a-001a4bcf887a.html

Very often, when you apply for a job, there is a box on the application which must be checked if you have ever been arrested or convicted. This lets employers know if you have a criminal past and to decide whether or not they want a person with that past to work for them. Because of this box, many people with a criminal past are turned away before they have a chance to even interview.

Last year we already wrote an update on our blog about the increasing amount of initiatives that were preventing the use of the box in some way or another. Now, roughly six month later, more and more cities and counties in the US feel that this is unfair, because some of those people may make great employees, but never get the chance. Not only does this make it hard for them to survive, it deters some from giving up illegal forms of making money. This is why most recently Philadelphia adopted their Ban the Box policy for both public and private positions.

The ordinance in that town stops local government agencies and private enterprises from inquiring into their applicant’s criminal history “during the application process,” defined as the time beginning when an applicant inquires about the employment and ending when the employer has accepted an application, or “before and during the first interview. If the person makes it to the next level, then it is appropriate to ask about their criminal past. Moreover, the policy outright prohibits them from asking about, considering, or sharing information regarding non-conviction arrests that are not pending.

Like many other cities and states Philadelphia is hoping the law will give ex-criminals a chance to prove their worth and to explain their past, which may improve their chances when it comes to landing jobs.If companies do not follow the law, they will be fined up to $2000 for each application containing the box.

Employers will still be allowed to perform background checks, but not until after potential hires have passed the first round of interviews. Then, they are free to use organizations like backgroundchecks.com to check for criminal records on national databases like US OneSEARCH and to check previous work history through employment verification

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) and cofounder of the Expungement Clearinghouse - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com

Source: http://philadelphia.cbslocal.com/2012/01/13/ban-the-box-law-goes-into-effect-today-in-philadelphia/

In Georgia, the House of State Representatives approved a bill last week that will restrict the access to arrest records by the public, a cause heavily supported by the Georgia Justice Project.  Specifically, the legislation includes a so-called “expungement” provision to make it easier and faster to remove records from the public view for people that have been cleared of criminal charges.

The bill would remove such records from public view if the case was never referred for further prosecution by the arresting agency or if the case was referred but later dismissed. Other reasons why the record might get restricted access is a situation where a grand jury not once but twice refused to indict the case. And finally, the arrest records would be sealed too if the person was acquitted of all charges.

Previously, people who had been arrested, but not convicted, were too easily denied certain jobs, because sometimes their background checks showed arrests even though they had not committed any crimes.  In one case, a mother who had been accused of child abuse was cleared after they proved that the child had suffered from an allergic reaction.  In another case, a woman was charged with theft, which also turned out to not be true. The house is hoping this will open up jobs to people who deserve them, instead of wrongfully blocking good citizens from good jobs.

If organizations were using backgroundchecks.com though, they would never find arrest records using criminal record searches of our instant database. The federal Equal Employment Opportunity Commission has consistently held that the use of arrest records as an absolute bar to employment discriminates against some protected groups.  Because we want to protect our employer customers, who generally do not have the resources to carry out such an investigation, backgroundchecks.com has decided not to store arrest records in our real-time database we use for instant searches.

However, if your intent is to verify or find out if somebody that got arrested was also charged and or convicted, you can run a search through backgroundchecks.com for that information and use it for employment decisions. We do include records in our database that may indicate that somebody appeared before a judge and was indicted, charged, tried, and sentenced.

But backgroundchecks.com also believes that removing more expunged criminal records from our industry’s databases will proactively assist people trying to rehabilitate from their criminal pasts. Because of that backgroundchecks.com has been working for over a year with various industry leading criminal record database companies on an expungement clearinghouse, which ensures that more expunged records are removed from their private criminal databases.

This new effort is aimed at assisting job seekers to remove records that may no longer be publicly available but which are still present in private databases. At the launch of the Expungement Clearinghouse, slated for mid-spring, over 800 criminal background check companies will benefit from the information exchange provided by the Expungement Clearinghouse through its members.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://savannahnow.com/news/2012-03-25/sentencing-reform-bill-provision-would-restrict-arrest-records-access#.T3_xMPttqSo

The state of Pennsylvania have been sued by four teachers who are fighting to save their jobs after new laws have been put in place to protect children. Under a new Pennsylvania state law, all school employees, including teachers, administrators, contractors and support staff, must report certain arrests or convictions within three days. The crimes that must be reported include physical assault, sexual assault, homicides and kidnapping. In total, there are 28 crimes that must be reported to authorities.

Four separate lawsuits have been filed against the state due to this new law as the interpretation of the law seems to be causing problems.  The language of the law states that anyone who is convicted of one of these 28 crimes would be terminated from their job immediately. However, it seems to imply that this is only for future employees, not those who are already employed by Pennsylvania schools. It is important to note that those who are filing lawsuits are those who have been convicted of one of these 28 crimes and are at risk of termination due to this new law. If they lose the lawsuits, they will lose their jobs as teachers.

The teachers will be fighting that the law is unconstitutional and that the results of these background checks should not apply to current employees. They state that it violates the due-process rights of the employees and they should not have to suffer further for these crimes as they have already paid their dues to society for the crimes that they have committed. This will be a hard sell in court, however, since many schools have programs where criminal monitoring is done continuously and most companies in the US have similar policies as Pennsylvania schools have. In general, most people believe that this is the right thing to do in order to keep school children safe while in a learning environment.

When it comes to the companies who do these background checks, many of them, like backgroundchecks.com, offer some excellent products that allow companies to make sure they are hiring and retaining employees who have a clean criminal background. There are even products like Ongoing Criminal Monitoring that will be used as an add-on to their other products. When used in conjunction with their other products, criminal monitoring can be used to continuously scan a person’s name and report when new crimes appear on their records. Using these tools can help keep children safe and well while they go through their school day.

About backgroundchecks.com

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.vindy.com/news/2012/feb/20/lawsuits-challenge-new-rules-for-school-/