Background Check Best Practices

Hiring Background Check Best Practices

For employee training on background check procedures, USA-FACT uses comprehensive training materials to orient new employees on background check industry practices and regulations, including the FCRA. All employees of USA-FACT must complete the FACT Academy before background check training begins in their new position.

New Client Set Up Best Practices

For new client set-up and orientation, USA-FACT advises new clients in writing about their background check obligations under the FCRA in our Subscriber Agreement:

• To use the background check information for employment screening purposes only.
• Not to use the background check information in violation of any federal or state Equal Opportunity law.
• To obtain all the necessary disclosures and consents.
• To give the appropriate notices in the event that an adverse action is taken against an applicant based in whole or in part on the contents of the Consumer Report.

In addition, USA-FACT provides clients with sample background check compliance documents including:

• A sample Consumer Disclosure document.
• A sample Consumer Authorization document.
• A copy of the FTC notice "A Summary of Your Rights Under the FCRA".
• Sample Pre-Adverse Action and Adverse Action notification letters.

Vendor Selection Best Practices

For researcher certification and quality assurance, USA-FACT has established written criteria that guide vendor selection:

• Tests new researchers before engaging them.
• Preferences researchers with E&O insurance coverage.
• Provides researchers specific direction concerning search logic and reporting parameters and requires researchers to sign agreements detailing these parameters.
• Tests researchers periodically.

Background Check Quality Assurance Practices

USA-FACT has developed background check policies and procedures to ensure efficiency in our process and accuracy in our information. Policies in our search methodologies include:

• USA-FACT utilizes researchers or direct online access to the county criminal index to conduct hands-on criminal record research at county courthouses.
• USA-FACT searches statewide criminal databases, where available, only if requested by the client or required by the state as part of the county search. USA-FACT recommends county criminal searches.
• USA-FACT does not utilize proprietary national database products in place of a county criminal search. Our National Criminal database is used only if specifically requested by the client as results from database products are not as comprehensive as direct county searches.
• USA-FACT reviews criminal indexes for a period of 10 years or more, if available, in search of relevant records.
• USA-FACT searches and reports misdemeanor criminal records as well as felony records when available at the higher court.
• USA-FACT customizes criminal record reporting to clients based on the laws of the states from which records are obtained.
• USA-FACT advises clients of possible cases wherein the name and DOB are not exact matches.
• USA-FACT proactively pulls possible cases wherein the name and DOB are close, but not exact matches.

Policies in our background check methodologies include:

• USA-FACT reports to clients all arrest records within the timeframe searched if allowed by state law.
• USA-FACT reports to clients all warrants issued within the timeframe searched if allowed by state law.
• USA-FACT reports to clients all details of criminal cases, including the complaint date, offense date, sentence date, sentence and disposition.

USA-FACT constantly audits turnaround time; our methodologies include:

• USA-FACT audits turnaround time for each individual service.
• USA-FACT reports average turnaround time for reports to clients upon request.

Background Check Legal Compliance/Insurance

For legal compliance, USA-FACT conducts procedural audits to confirm its practices are compliant with all applicable laws and regulations. In addition,

• USA-FACT retains all screening records for at least 5 years.
• For legal/insurance, USA-FACT maintains General Liability, Errors and Omissions, and Technology Errors and Omissions Insurance.
• USA-FACT complies with Graham Leach Bliley and Sarbanes Oxley data protection compliance.

Background Check Technology Security/Document Retention

• USA-FACT retains hard copies of backgound check search records for 5 years.
• USA-FACT interfaces with clients and/or vendors and/or applicant tracking software via XML (standard language technology). Our XML development process was certified by the HR-XML Consortium in 2005.

Client Communication

• USA-FACT publishes an electronic newsletter quarterly and distributes it to clients via email.
• USA-FACT conducts client satisfaction surveys quarterly via our quarterly e-newsletter.
• USA-FACT emails Compliance Alerts to clients when issues arise in the background screening industry that could affect their process.
• USA-FACT has developed a Service Support Center to provide immediate resolution to client needs.
• USA-FACT publishes industry alerts on the log-in page of our web site.