background screening glossary of terms - choice screening

Background Screening Glossary of Terms

ChoiceScreening.com [email protected]

1-877-929-7878 © 2016

Background Checks you can TRUST

IMPORTANT: This guide is provided as general information to clients of Choice Screening. Its contents should not be construed as, and in no way constitute, legal advice of any kind. It is advised that you consult legal representatives to discuss your company policy and practices.


ChoiceScreening.com | [email protected] | 1-877-929-7878

© 2016

A Address History – A list of addresses associated with an individual used to drive a variety of background screening services, such as selecting jurisdictions for a criminal record search. Adjudication, Adjudicated – Occurs when a decision is made by the court in a criminal or civil case. Adjudication Withheld – Court decision that does not result in formal conviction pending successful completion of probation. Adulterated Specimen – A drug/alcohol screening specimen that has been deliberately tampered with. Adulterant – A Substance ingested or added to urine in order to prevent detection of drugs/alcohol. Adverse Action – A decision that adversely impacts the subject of a background report based all or in part on the results of the report. Alias Name – Alternate name that an individual has gone by or is associated with, such as nickname, associated name, maiden name or former legal name. Applicant Tracking System (ATS) – Software used to track applicants and electronically manage documents and files for hiring and employment. Arrest Warrant – Also known as a criminal warrant. An official court document that authorizes a police officer to arrest the individual(s) named on the warrant. Authorization and Disclosure Form – See Consent Form.

B Background Report, Background Check, Background Screen – The collection of information about a consumer assembled by a CRA used to make an employment or tenancy decision. Also see Consumer Report. Ban-The-Box (BTB) – Social movement focused on removing the “checkbox” from a job application that requests disclosure of criminal history. Also see Fair Chance Acts. Bench Warrant – Official document issued by the court when an individual was ordered to appear in court but failed to do so, is held in contempt or is charged with a crime.



© 2016

Blanket Policy – A generalized policy used to make hiring decisions based on the results of a background report. Blanket policies are discouraged by several agencies as they may inadvertently place employers at risk for discriminatory practices/allegations.1 Bound Over – A case that is sent to another court to continue with proceedings.

C Chain-of-Custody Form (COC) – Used for drug/alcohol screening to identify and track a specimen from the point of collection through release of the test results. Common COC forms include a unique number sequence (Specimen ID), barcode, and a carbon copy of all pages. Clerk Delay – Delay caused by the court clerk retrieving and verifying a court record search request. This is the most common delay impacting criminal and civil record searches. Collection Site – The location where an individual submits a specimen for drug/alcohol testing or Titers blood testing. Compliance – In background screening, to act in accordance with all regulatory agencies and federal, state and local laws regarding the procurement and use of a background report. Concurrent Sentence – Criminal sentences that are served at the same time. Consecutive Sentence – Criminal sentences that are served back to back. Consent Form – A clear and conspicuous, stand alone document that must be provided to a consumer before a background report is initiated according to the FCRA and several state/local laws. The Consent Form discloses that a background report is being run and seeks authorization from the subject of the report (consumer, applicant, employee, tenant, etc.) in order to proceed. Consumer – The subject of a background report, such as an employee, applicant or tenant. Consumer Financial Protection Bureau (CFPB) – A government agency that enforces the FCRA and “protects consumers from unfair, deceptive, or abusive practices and takes action against companies that break the law.”2 Consumer Report – As summarized per the FCRA: communication of information by a CRA to serve the purpose of establishing the consumer’s eligibility for credit or insurance, employment or other authorized purposes. This can be a credit report as a stand alone document as well as a background report that does or does not include credit. Also see Background Report. Consumer Reporting Agency (CRA) – A company that collects and/or assembles consumer information for the purpose of furnishing a consumer report.

1 EEOC Guidance - https://www.eeoc.gov/policy/docs/arrest_records.html 2 About the CFPB - http://www.consumerfinance.gov/about-us/the-bureau/



© 2016

Conviction – Adjudication of guilt in a criminal case. County Civil Search – Civil record research sourced directly from county court files. County Criminal Search – Criminal case research sourced directly from county court records. Credit Bureau – An organization that collects and maintains credit records and credit scores on a consumer. The three main credit bureaus are: Experian, TransUnion and Equifax. Credit Report – Collection of a consumer’s credit history, most often sourced from a major credit bureau. Only in specific scenarios may an employer use a credit report and/or credit score to make an employment decision. Credit Score – A statistically derived number used to determine credit worthiness or predict risk associated with credit-related behaviors. A credit score cannot be used for employment decisions except when permitted by law.

D Deferred Judgment – When the defendant enters a guilty or no contest plea before the court and the sentence is placed on hold, or deferred, until a later date. Also commonly referred to as Deferred Adjudication and Probation Before Judgment. Deferred Prosecution – When a defendant is required to abide by agreed upon conditions prior to submitting a plea. Deferred Prosecution is not considered a conviction while under deferment. Department of Homeland Security (DHS) – A Federal agency that, along with Social Security Administration, returns E-Verify results for employment eligibility verifications. Dilute Specimen – A specimen containing abnormally low creatinine levels compared to normal human urine. Diploma Mill – An organization, institution or otherwise that provides individuals with a degree that may be entirely fake/fraudulent or provides a diploma/degree with little or no requirements, often by an unaccredited institution.3 Dismissed – Court decision in which the charges against a defendant are dropped. Dismissed With Prejudice – A case that has been dismissed and cannot be filed again for the same matter. Dismissed Without Prejudice – A case that has been dismissed, but can be brought again regarding the same matter.

3 US DOE Diploma Mills and Accreditation - http://www2.ed.gov/students/prep/college/diplomamills/index.html



© 2016

Disparate Impact – Employment policy or practice that results in discrimination rather than a consequence of the intent behind it. Dispute Process – The process by which incorrect information is identified on a background report and brought to the attention of the CRA for the purpose of correcting the report. A dispute does not always result in amending the original report. DOB (Date of Birth) – Arguably, one of the most important pieces of information on a background report request next to full legal name. Most records (criminal, civil, employment, and education) are filed by name and DOB as opposed to other identifiers, such as SSN. Donor – The individual submitting a specimen for drug, alcohol and/or Titers blood test. Drug & Alcohol Testing – Collection of a body fluid or hair sample to test for a specified panel of drugs. Common collection methods include: urine, saliva, blood, or hair. Also see Panel.

E Education Verification – Verifies institution, type of degree, graduation, enrollment, GPA and additional information as provided/available. Electronic Signature – Digital signature displayed by either typeface or finger/mouse-to-sign. Employment Background Screening – Various background screening services used to make decisions during the course of employment: continued employment, transfer, promotion. Also see Pre-Employment Background Screening; ReScreen. Employment Verification – Verifies dates of employment, position, eligibility for rehire and additional information as provided/available. End User – The recipient of a background report procured by a CRA such as an employer or landlord. Equal Employment Opportunity Commission (EEOC) – A Federal agency that is “responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee” based on protected class status.4 Estimate Time of Arrival (ETA) – The approximate date a service or report is expected to be completed assuming no unforeseen delay. EU-US Privacy Shield – The framework for personal data transmission between EU Member States/Switzerland and the US. Formally adopted on July 12, 2016, as a replacement for Safe Harbor.

4 About the EEOC - https://www.eeoc.gov/eeoc/



© 2016

E-Verify – An online application maintained by USCIS to electronically verify employment eligibility with SSA and DHS based on the information from a completed Form I-9. E-Verify Integration – Application that has direct integration into the USCIS E-Verify that meets USCIS regulatory and compliance standards. Expunged – Files that are completely removed from public record, either by destroying the file, returning the file to the petitioner or removing all information pertaining to the petitioner.

F Fair Chance Act – Common name used for much of the legislation related to criminal record restrictions and credit reporting restrictions for employment and pre-employment background checks. Legislation varies by jurisdiction; refer to legal counsel for applicable legislation in your area. Also see Ban-the-Box. Fair Credit Reporting Act (FCRA) – Federal law established by President Richard Nixon on October 26, 1970, that governs how consumer reporting agencies and end users request, obtain and use a consumer’s information.5 FCRA Summary of Rights – A document summarizing the rights of the subject of a background report (the consumer) according to the FCRA.6 Also see Summary of Rights. File – Per the FCRA, all the information on a consumer that is retained by the CRA regardless of how the information is stored. Federal Trade Commission (FTC) – A government agency that enforces the FCRA and works “to prevent business practices that are anticompetitive, deceptive or unfair to consumers.”7 Form I-9 – Employment Eligibility Verification form established by USCIS. This form is mandated by federal law to be completed on each new employee hired after November 6, 1986. Fraud and Abuse Control Information System (FACIS®) – Aggregate data used to identify exclusion, debarment and restricted status of medical providers and those in the medical field. FACIS® is a licensed trademark of the Verisys Corporation.

G Grand Jury – A jury that determines the validity of an accusation, but does not try or decide the case. 5 FCRA Full Text - https://www.consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0111-fair-credit-reporting-act.pdf 6 FCRA Summary of Rights - https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf 7 About the FTC - https://www.ftc.gov/about-ftc



© 2016

Guilty – Court decision that finds an individual responsible for wrongdoing. Guilty in Absentia – A decision of guilt in absence of or without requiring a court appearance.

H Hiring Matrix – A tool used to compare job requirements to an applicant’s qualifications used to aid in making a hiring decision. Hit, Possible Hit – A criminal record. A possible hit is in the process of being verified with court records.

I ICE Audit – Audit of an employer’s Form I-9 and E-Verify performed by US Immigration and Customs Enforcement (ICE). Identifier – Personal information used to match a record (criminal, civil, medical registry, school transcript, etc.) to the subject of a background report, such as name, DOB, address, etc. Immigration and Customs Enforcement (ICE) – Federal agency that, among other duties, enforces lawful use of Form I-9 and E-Verify. Individualized Assessment – Taking into account additional information about the individual and criminal record before making an employment/hiring decision.8 International Criminal Search – A jurisdiction-based search (ex. city, country) for criminal records outside the domestic US. Invalid Specimen – During SVT (Specimen Validity Testing), a specimen that contains an unidentified adulterant, interfering substance, or abnormal characteristics that prevents completion of a valid drug/alcohol test. Investigative Consumer Report – A background report that acquires information on a consumer’s character, general reputation, personal characteristics, or mode of living and is obtained through personal interviews with neighbors, friends, associates or acquaintances.

8 SHRM Individualized Assessment Guidance - https://www.shrm.org/hrdisciplines/staffingmanagement/articles/pages/individualized-assessments-background-checks.aspx



© 2016

J Jurisdiction – Most often, the geographical area in which a case was held (criminal or civil). Jurisdiction may also be assigned to certain types of cases, such as county court jurisdiction versus district court jurisdiction.

L Lab – Location in which full clinical testing takes place for drugs, alcohol and Titers. This differs from Collection Site (see Collection Site) and MRO (see Medical Review Officer). Legislation – The collection of laws surrounding a specific topic, such as Ban-the-Box Legislation. Litigation – The process of taking legal action in a criminal or civil matter.

M Medical Registry Search – A background search for medical restriction, sanction and debarment from various lists. Medical Review Officer (MRO) – A licensed physician responsible for evaluating medical explanations before issuing a final positive drug test result, such as reaching out to confirm a valid prescription and dosage level. Motor Vehicle Records (MVR) – Driver’s license verification with the issuing state’s Department of Motor Vehicles along with traffic-related incidents in which the DMV has jurisdiction. Results include license status, expiration date, traffic offense held at the DMV, etc.

N NAPBS (National Association of Professional Background Screeners) – Non-profit trade association founded in 2003 to represent the interest of companies offering employment and tenant background screening services, and to establish and promote ethical and performance standards.9 National Sex Offender Registry – Nationwide search for sexual offender history and registration. National Wants and Warrants – Nationwide search for open and active wants and warrants. This search does not include arrest or conviction records/details and will not retrieve additional criminal record details. Wants and warrants do not suggest or imply conviction.

9 About NAPBS - http://napbs.com/



© 2016

No Contest (or Nolo Contendere) – A plea made by the defendant that is not an omission of guilty but is conceding the charge without presenting a defense. This primarily effects how the case is used and viewed in the judicial system and can be treated the same as a conviction for background screening purposes. Notice of Inspection (NOI) – Notice provided by ICE to employers informing them of an upcoming inspection and compelling employers to produce Forms I-9 and supporting documentation, usually within three business days. Notice of Intent to Fine (NIF) – Notice given to an employer by ICE identifying errors/omissions with Forms I-9 following an audit. For additional details, contact your legal counsel and refer to https://www.ice.gov/factsheets/i9-inspection.

O Office of Inspector General (OIG) – A division of the Department of Health & Human Services (HHS) charged with protecting the integrity of the Department and the health and welfare of program beneficiaries. OIG Search – A search of OIG records for fraud and abuse involving Health and Human Services (HHS) programs and beneficiaries.

P Panel – A list of drugs that are tested for in a body fluid or hair specimen provide by a donor. Pending – A case that has not yet been decided by the court. Permissible Purpose – Reasons under which a background report may be lawfully requested, obtained and/or procured. Additional standards may apply for credit reports when used for employment or tenant purposes. Plea – A defendant’s formal statement in response to criminal charges – guilty, not guilty, no contest, etc. Point of Collection Test (POCT) – Onsite, instant or rapid drug and alcohol test when the specimen is immediately tested for drugs/alcohol at the same location in which it was collected, such as at the worksite. Prayer for Judgment – Common ruling in North Carolina often reserved for low-level crimes and infractions where the defendant pleads guilty but the court does not enter a conviction. Pre-Employment Background Screening – The use of various background screening services to confirm qualifications and/or background of a prospective employee. Also see Employment Background Screening.



© 2016

Primary Source Verification (PSV) – A record that is confirmed at the original source of its filing. Professional License & Certificate Verification – Verifies information associated with a particular type of license or certification such as status (valid/invalid), issue and expiration date, restrictions, etc. Professional Reference, Personal Reference – Interview that seeks to obtain soft skill feedback regarding the subject of a background report. Public Record – A publically-available record held by the court concerning criminal or civil matters.

R Reinvestigation – See Dispute Process. Rental History Search – Interview with previous landlords to gain perspective on their former tenant such as timeliness of rental payments and how the tenant maintained the property. ReScreen – Use of Choice Screening’s background screening services to rescreen current employees for ongoing employment, promotion, transfer or in adherence to regulatory requirements. Restitution – Compensation for injury or loss resulting from a civil or criminal case. Resume Verification – See Verification Services.

S Safe Harbor – An agreement between EU Member States and the US to enable transfer of personal data for the purposes of background screening. Safe Harbor was eliminated by the EU effective immediately on October 6, 2015, after being active for 15 years. Also see EU-US Privacy Shield. Sealed – A record that is not removed from a defendant’s file, but is “hidden” from public access. These records are available only to law enforcement and the court. Others, such as an employer, can only receive and use the record if permitted by law. Search Scope – Defines a background screening service in terms of time, location, source and/or information retrieved. For example: 7-year, County Criminal Search, Convictions Only, in Denver, Colorado. Social Media Screening – Searching for information regarding an individual on social media platforms for the purpose of influencing employment or tenancy decisions. Social Security Administration (SSA) – A Federal agency that, along with Department of Homeland Security (DHS), returns E-Verify results for employment eligibility verifications.



© 2016

Social Security Number (SSN) – 9-digit code assigned to a US Citizen, permanent resident or temporary resident. Specimen – A sample of body fluid or hair provided by an individual for the purpose of drug, alcohol or Titers testing. Specimen ID – Unique number sequence assigned to a specimen at the collection site for a drug, alcohol or Titers test. The Specimen ID is essential for quality control, namely tracking movement of the specimen. Also see Chain-of-Custody Form. Specimen Validity Testing (SVT) – Used during a drug and alcohol test to detect substitution (not human urine), adulteration (abnormal urine or detection of a substance added after collection) or dilution (excessive water content). SSN Randomization – A change implemented on June 25, 2011, affecting the way SSNs are issued in order to extend the longevity of the nine-digit SSN and protect the integrity of the numbers, including elimination of the geographical signification, or the area number. SSN Verification & Address History – Verifies the name associated with a SSN and retrieves address history from a variety of sources. Additional information may include year of birth, date of birth, Death Master Index, and issuing state. Statewide Criminal Search – Aggregate of criminal record data within a specified state. Reporting practices vary so many states are recommended to pair with a county criminal search. Summary of Rights – A summary of the consumer’s rights as it applies to background screening. Consumers must receive a copy of the FCRA Summary of Rights. Additional state and local summaries may be required. Also see FCRA Summary of Rights. Suspended Sentence – A sentence that is ordered by the court but not imposed at the time it was handed down.

T Tenant Screening – A background report used to gain insight into a tenant’s past in order to make a tenancy decision. Typical services include: SSN Verification & Address History, Rental History, Criminal Records, and Civil Records Searches. Third Party Administrator (TPA) – An organization that manages areas of employment or employment activity for a separate entity, such as worker compensation insurance carrier. Titers Blood Test – The act of testing one’s blood for the presence of antibodies, most often used in the healthcare setting to mitigate the spread of communicable disease. Turnaround Time (TAT) – The duration between placing an order and receiving the final results of a background report.



© 2016

U United States Citizenship and Immigration Services (USCIS) – Federal agency that operates and maintains the official E-Verify portal, which is integrated into Choice Screening Form I-9 ComplyTM online management tool. User Certification – Provision in the FCRA that states a CRA may only furnish a consumer report if the user has affirmed its compliance with the FCRA and applicable laws, including but not limited to only using the provided background report for a specified purpose. US Federal Civil – Search of all 94 federal courts for civil disputes filed in the federal court system including, damages exceeding $75,000, party/citizen disputes that cross state lines, bankruptcy, patent, antitrust and cases where the US is a party. US Federal Criminal – Search of all 94 federal courts for criminal records where Federal courts have jurisdiction.

V Verification Services – Confirmation of an applicant’s qualifications typically provided on a resume: employment history, education, professional references, personal references, professional licenses and certificates. Verified Enhanced National Criminal – Same as the Verified National Criminal, however, the Enhanced search includes address history, alias names and searches these alias names for criminal records. Verified National Criminal – Nationwide search of over 1,000 criminal record sources and over 525 million criminal records based on a single name. Violations, Form I-9 – Violations uncovered during an ICE Audit that may result in monetary fine or criminal penalty. Fine penalties range from $110 - $16,000 per violation. Criminal penalties up to 6 months in prison. For additional information, visit https://www.uscis.gov/i-9-central/penalties.

W Warrant – Order of a court or law enforcement issued when an individual failed to appear in court, is in contempt of court or has an outstanding balance of fines owed. Wet Signature – Hand-written signature (pen and paper). Workers Compensation History – Summary of worker compensation claims filed in a specified state.

background screening glossary of terms - choice screening

Documents