Background Check Resources for Employers

City Council Looking At Background Checks for Subsidized Housing

A murder in the community over seven years ago is part of the reason the City Council in Sunnyvale, California is looking into whether they would be allowed to require background checks as part of the qualifying process for subsidized, or below-market-rate (BMR) housing. Gary Swierski of Sunnyvale bought a BMR home and later was charged with murdering his wife. Swierski was arrested in 2011 when his daughter admitted to helping her father with the body of her stepmother. Swierski claims he killed her in self-defense. Sunnyvale city staff says that California penal code will allow some government agencies to conduct background checks, but that authority is not extended to the housing departments of municipalities.

School District Fails to Run Background Checks on Some Employees

South Carolina’s Jasper County School District officials have recently revealed that not all employees have received background checks, a requirement of state law and school district policy. According to Ken Childs, the school district attorney, there was a misunderstanding in interpretation of the state law requiring that school districts must check the backgrounds of all potential employees before they are hired. The Jasper County School District erroneously believed that the checks weren’t required if the potential hire had already been employed by another district within South Carolina. Although it is unclear how many district employees have not been screened before being hired, the school district is currently checking records and plans to perform checks on those who are missing them, according to Childs.

Traveling Salesman Found to Be Convicted Felon

The owner of a vacuum cleaner franchise in Denton County, Texas stands accused of hiring a known felon who ended up allegedly stealing from a customer. Ernie Nowell owns the local Kirby vacuum distributorship, hired his relative, who remains unnamed, even though Nowell was fully aware of his criminal history which included drug and alcohol charges. Jamie Chadwell has accused the door-to-door salesman of entering her home with another salesperson and stealing jewelry while she was distracted during the demonstration. Chadwell later learned of the previous criminal history of the accused. She says she “trusted him” and “feel[s] angry” that the employer knew about his felony convictions.

Juvenile Record Bars Man from Teaching Internship

A Florida man has been told his juvenile felony conviction will disqualify him from continuing in a teaching internship program. Travis Hudson, 33, was convicted when he was 15 years old for being an accessory to a crime, which is considered a felony. Hudson knew about a burglary but failed to report it. Since he was able to obtain employment as an adult without any problems, Hudson thought his conviction was put behind him. He wasn’t worried when it came time for a background check to complete the last of his internship for the Bartow School District since he believed his juvenile records to be sealed. However, according to Don Wilson, labor lawyer for the School District, when public agencies conduct background checks in Florida they have access to sealed records. Hudson was required to complete the internship in order to receive a bachelor’s degree in education and his teacher’s certificate. He had already completed two 16-week internships at two different elementary schools within the School District. For those internship stints, Hudson and other University of South Florida Polytechnic elementary education students were fingerprinted prior to their participation. Wilson contends that USF Poly and Hudson were informed that he was ineligible for the internship from the outset. However, Hudson was permitted to participate in the internships, according to Wilson, since he was “at no time…left alone with the children.” Hudson was then set to participate in a teaching internship through a minority schoolteacher program, when a background check revealed his criminal past.

Background Check Now Required for All Employed at Penn State

A recently passed policy at Pennsylvania State University now requires all new hires and contract employees to complete a criminal background check before they receive final approval to report to work. This new policy, known as the “Background Check Process”, combines three previous Penn State policies into a more encompassing procedure that also is in compliance with the recent background check guidelines from the EEOC. According to associate vice president for Human Resources, Susan Basso, the new policy will create a safer environment at the University, and will assist in making better hiring decisions while minimizing risk.

New Hampshire School Introducing Background Checks for All Visitors

Staff Member is Suspected in Texas Daycare Robbery

A Houston area daycare center that was robbed by a suspected accomplice from inside the business has also been cited on several occasions for failure to perform background checks on staff members. The Stay and Play Child Care Center, located in north Harris County, Texas, was robbed while children were present and napping at the center . At the time of the incident the surveillance camera was not functioning, leaving no video evidence of the crime. The Harris County Sheriff’s Office believes there may be an inside accomplice, since the suspect specifically mentioned a gray cashbox. Spokesman for the sheriff’s office, Deputy Thomas Gilliland, says no suspects have been named.

Legislation Pending in New York Requiring Background Checks for Bus Drivers

Pending legislation in New York State would require criminal background checks for all bus drivers. This follows a recently released National Transportation Safety Board report recommending more comprehensive checks of bus drivers. Sponsored by New York State Senate Transportation Committee Chairman Charles Fuschillo Jr., the bill has already been approved by the Senate, and awaits passage by the state Assembly.

Online Background Checks Boon to Nonprofits

Nonprofit agencies throughout Massachusetts are already seeing the benefits from the state’s implementation of iCORI, the online Criminal Offender Records Information system last month. Agencies such as Catholic Charities South in Brockton were having difficulties with making volunteers wait for two weeks for their criminal background checks to pass. According to Development Coordinator Nikki Draves, “when volunteers give their time, they want to get to work right away. If you ask them to wait two weeks, they can sometimes lose interest or they’ll go somewhere else where they can get going quicker.”

Mom With Felony No Longer Allowed to Volunteer at Son’s School

A local PTA volunteer in Farmington, New Hampshire has been told by the school board she is no longer allowed to volunteer within the school district after a background check revealed a felony on her record. Thirty-two-year-old Jessica Cowan had been the local PTA volunteer, and had spent time volunteering at her 7-year-old son’s elementary school. When she was 21, Cowan was charged and convicted of assault and battery after an incident with her ex-husband. The felony became an issue after Cowan applied for a substitute teacher position with the school district, and the resulted in her being banned as a volunteer.

Licensing Loophole Allows Convicted Criminals to Become Nurses in Minnesota

Minnesota is one of fourteen states in the U.S. currently not requiring background checks for licensed nurses. Due to a simple yes or no question asking applicants if they have been convicted of a felony or misdemeanor charges, a loophole exists allowing convicted criminals to become a licensed nurse if they lie on their application. In Minnesota alone, 50,000 people per year must self-disclose any convictions in order to get or renew their nursing license. According to Shirley Brekken, executive director of Minnesota’s state Nursing Board, the Board does not conduct a separate background check to verify whether or not license applicants are answering truthfully. When asked to gauge an estimate of how many applicants may be lying on their applications, Brekken replied she would “only speculate about that.” Brekken says that the nursing board does not have the resources to conduct criminal checks.

Sex Offender Protesters Hired By Council Arrested For Working Too Close to Children

Two protesters hired by a company that protests businesses working with non-union labor were arrested for violating the Sexual Offender Registry Act in Jefferson County, Tennessee. The Mid-South Carpenter’s Council hired the two men to hold a sign outside of the First Baptist Church in Dandridge reading “Shame on Pastor Brown.” The church has Christian learning center on site, and the sheriff’s office received a tip that a sex offender was working at the church. When the sheriff’s office investigated the complaint, they discovered it was Ricky Dean Moore, standing in front of the church. Forty-nine-year-old Moore of Knoxville, is a convicted sex offender. Upon Moore’s arrest, investigators checked the records of the man working with him and discovered that Michael David Sadler, 51, of Knoxville, was also a convicted sex offender. It is illegal for a sex offender to work within 1,000 feet of a daycare.

Montana Dance School Had Convicted Sex Offender on Staff

Marisa Roth, director and owner of the Northwest Ballet Company in Flathead County, Montana, has recently found out that one of her dance instructors is a convicted sex offender. Donald Stanfield, 26, was arrested and charged with failure to register as a sex offender, and was subsequently fired from the dance studio. Stanfield became affiliated with the studio in 2006 by performing as a guest dancer and taking dance classes. That same year, Stanfield was charged with raping two young girls. In 2008, he was convicted and received a deferred six-year sentence.

Connecticut Area Nursery School Failed to Conduct Background Checks

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.

Child Predator and Former Teacher on FBI’s Most Wanted List

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.

Debt Collection is Career of Choice for Some Criminals

The Minnesota Department of Commerce has investigated several debt collection companies recently, and the outcome is troubling. What they have found is an industry that routinely overlooks the criminal history of its employees. One major debt collection company is accused a having at least 81 employees with convictions for felonies or gross misdemeanors on its staff. From the findings of the Commerce Department, it appears as if background checks are virtually non-existent when it comes to getting employment with some debt collection firms, and in some instances, outright admission of a criminal past is no bar to employment.

Small Business Owner Shocked by Revelation That Employee Was Sex Offender

Bouncy play houses and castles are a common site at children’s parties and other events for children, making for a fun time for the children who attend. A small business that provides the inflatable toys had no idea that they had hired a convicted sex offender into their business that caters to children. USA Inflatables, based out of Champlin, MN, learned the hard way when employee Greg Sissala was recently arrested for failure to register as a sex offender. Business owner Kurt Wresh was shocked to find out, since Sissala never made any mention of previous arrests. According to a report from WCCO-TV, it turns out Sissala has an extensive criminal past. Convicted of a sex crime in Chisago county in 1995, fortunately Sissala was not directly working with any children, since he was only assigned to work out of the warehouse.

D.C. Council Votes to Suspend Background Checks for Employees

In a stunning reversal of newly passed legislation, the D.C. Council has voted to exempt council employees from receiving background checks. The council decided earlier this year that newly hired city employees would need to submit to background investigations, including credit checks, for employees "whose primary duties are of a policy determining, confidential or policy advocacy character." This was in response to allegations of careless hiring practices.

Criminal History Bar to Employment, Even in Boom Town

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.

backgroundchecks.com Legislation and Compliance Update: Vermont Limits Credit Reports

Vermont has become the eighth state to limit an employer’s use of credit information in making employment decisions. On May 17, the governor signed Senate Bill 95, which prohibits employers from asking for or considering an applicant’s or employee’s credit information. The prohibition applies both to credit report and to credit history obtained from sources other than credit reporting agencies.