Conducting pre-employment background checks on employees has become a matter of necessity for employers for several reasons. Many applicants make false claims on their job applications and/or resumes. There are instances where applicants have been involved in criminal activity, yet choose not to disclose it. If you want to ensure a safer workplace and avoid negligent hiring lawsuits, the amount you would pay to pre-screen your applicants is very small compared to the legal fees you may potentially pay later.

This is a very essential search that comes from credit headers. The results of this search will reveal all of the counties your applicant has reported using their Social Security Number, as well as dates reported and any other names your applicant may have used. This search is highly recommended because your applicant could have purposefully or inadvertently failed to disclose this information when they completed the disclosure and authorization for background investigation form, because they may be trying to hide something.

Yes. Each applicant needs to complete and sign a release in order to be in compliance with the Fair Credit Reporting Act (FCRA).

No. The Consumer Reporting Agency (CRA), who is providing you with the confidential information about your applicant, must be listed on the release form. Your applicant is entitled to know who is providing you with the information. This is also required in case of any adverse action.

Yes. We adhere to all guidelines set forth by the Fair Credit Reporting Act (FCRA), federal, and state laws.

Our organization ensures the privacy and protection of our clients’ data through systematic security measures in the areas of information technology. This information is hosted on our own secure servers. We back-up all of our data on a daily basis and have all the necessary firewalls in place. Our reporting system is available only to our clients (authorized users), and all transmitted pre-employment background check information is encrypted.

Negligent hiring refers to a cause of action that arises from an employer’s obligation to not hire an applicant that they knew or should have known was likely to undertake conduct against other individuals or otherwise subject employees or third parties to actions that can create legal liability. Through negligent hiring lawsuits, many employers have been found liable for their failure to conduct appropriate due diligence through a pre-employment background investigation. Negligent hiring and retention lawsuits have cost many companies millions of dollars in damages. Conducting background checks prior to hiring employees will help to protect your organization from the potential of civil litigation.

Typically, employers requesting an employment background screening on an applicant will request a seven-year history, although some states allow reporting information of up to 10 years. If in the state of California, a potential applicant would be offered a salary of at least $125,000.00, the CRA can go back as far as 10 years. If this is not the case, the maximum allowed reportable period the state of California is seven years. Aside from California, there are 11 additional states that limit the reporting of a conviction to seven years from the date of disposition, end of parole, or release from prison. The states listed and income exceptions are as follows: Colorado – $75,000.00 (income exception), Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, New York – $25,000.00 (income exception), Texas – $75,000.00 (income exception), and Washington – $20,000.00 (income exception).

The applicant must complete and sign a release form provided to you by your background screening company. The release must be submitted to the background screening company, prior to conducting any type of background investigation, where an employment decision will be made. Provide your applicant with “A Summary of Your Rights Under the Fair Credit Reporting Act,” and if in California, the California statement of consumer rights. These forms are hand-outs, advising your applicants of their rights when a consumer report is being requested about them. It is your obligation as an employer to maintain this information in your records for a minimum of five years.

No. You are legally obligated to go through the following steps to disqualify someone employment due to the results of the background check: Provide your applicant with a pre-adverse action letter, a copy of the entire background report, a Summary of your Rights Under the FCRA form, and if in California, The California Statement of Consumer Rights form. Your applicant has 3-5 business days to resolve and/or dispute any negative information contained in their report. The pre-adverse action letter must include the name of the CRA, address, and phone number so your applicant can contact the CRA, if they wish to do so, in order to find out the details regarding the negative information they wish to dispute. Should the period of 3-5 business days pass and your applicant has not demonstrated they are in the process of disputing the information contained in their report, you must then provide your applicant with an adverse action letter, a copy of the entire background report, “A Summary of Your Rights Under the Fair Credit Reporting Act,” and if in California, the California statement of consumer rights. The adverse action letter communicates to your applicant they are no longer being considered for employment and their decision was influenced by in the Consumer and/or Investigative Report, made at the employer’s request and provided by the name, address, and phone number of the CRA.

We make two attempts each day to get verification, the length (typically 3 business days) of time is completely up to the client.

No to both questions, we have been in business for 41 years.

Development of our applicant screening system. Attention is given to high publicity threats such as viruses, denial of service attacks, and other malicious activities over the internet, as well as, maintaining the integrity and confidentiality of sensitive application data such as credit reports, social security numbers, and other personally-identifying information. Our applicant screening system development staff uses industry-leading technology to secure operating environments, including client authentication (password-controlled access), data encryption, public-private key pair, firewalls, intrusion detection, filtering routers, and data backups. Each component acts as a layer of protection to safeguard information from unauthorized users, deliberate malfeasance, and inadvertent loss. We maintain PCI-DSS and E13PA compliance certifications and subscribe to QUALYS for continuous monitoring for system security and compliance. We also use a shared responsibility model with Amazon web services who participate in SOC Compliance. This SOC 2 Audit Report confirms that ECS meets the high standards set by the American Institute of Certified Public Accountants (AICPA) for confidentiality, privacy, and security in protecting consumer data used in background checks. Documents can be viewed at https://aws.amazon.com/compliance/soc-faqs/.

Seamless Search, Inc., offers volume discounts to members who request 50 or more reports per month.

A background check will investigate a candidate’s background based on criteria determined by their prospective or current employer. A check of a candidate’s background may include employment, education, criminal records, credit history, motor vehicle and license record checks. Each type of check will reveal different information pertinent to that check. A candidate should get clarification from the organization requesting the background check in order to understand what specific searches are being requested.

As a job seeker, you may have to undergo a background check during the hiring process. Think of it generally as a verification or confirmation process of information that you have already provided to the employer and potentially a review of public records about you. A background check helps ensure that the information you’ve provided to your potential employer is accurate so that they can determine if you are a good fit for the position. Here’s how you can prepare for your background check. Have a copy of your resume handy, along with the best phone number and email address for Seamless Search to contact you at if they have questions regarding the information that you’ve provided. Research your own history, including employment dates, job titles, and salaries, so that you are able to provide complete and accurate information to Seamless Search if asked. In case schools or past employers don’t have records available to confirm your background history, locate transcripts or diplomas in advance and collect past paycheck stubs or W-2s. Be prepared to provide your current and past addresses, as well as your driver’s license number in some instances. Please be honest and as accurate as possible when providing your information. Employers may withdraw their job offer if you are found to be dishonest.

A misdemeanor or felony conviction or legally reportable non-conviction will show up on a background check if the employer is requesting a criminal check that includes misdemeanors and felony level crimes.

Depending on nature and scope of the background check your potential employer has requested, an average employment background check will typically take between two minutes and four business days to complete. However, a background check may take longer for a variety of reasons including the following: Seamless Search has difficulty establishing contact with your former employers or educational institutions. In such cases, HireRight may ask you to supply a W-2 or additional information to help substantiate the information in your application or resume. Having this documentation handy and providing it quickly will help speed up the process. Courts can be backlogged or closed for a holiday, which can increase the time it takes for a criminal records check to be completed. If an employer requests drug testing, you may need to be contacted by a Medical Review Officer regarding your sample’s results. If your background history includes information outside of the United States, specific releases or other documentation may be needed in order to facilitate the search requested. Further, non-US courts, police ministries, or other governmental bodies housing criminal records may also be backlogged or otherwise unable to immediately respond to the search request. Non-US employers and education institutions similarly may require additional time to respond to a verification request. If you provide the information that is requested in the initial background check form as part of the non-US check, it helps speed up the screening process.

Employers’ use of criminal record information in making employment decisions is subject to applicable Federal and State laws and regulations (including the FCRA). The US Equal Employment Opportunity Commission (EEOC) and certain state statutes require that employers evaluate a variety of factors when considering the impact of a criminal record in making their hiring decisions. Such considerations may include: How recent was the conviction? What was the nature and gravity of the offense, and is it relevant to the job? What are the facts or circumstances surrounding the offense or conduct? How many offenses has the candidate been convicted of? Is there evidence that the candidate performed the same type of work, post-conviction, with the same or a different employer, with no known incidents of criminal conduct? What is the length and consistency of employment history before and after the offense or conduct? Does the candidate have employment or character references and any other information regarding fitness for the particular position? Has the candidate engaged in rehabilitation efforts, such as education/training? Will the position involve working with sensitive populations such as children or the elderly? You should contact your prospective employer to discuss their adjudication process as it relates to the evaluation of criminal records.

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