Conducting the proper criminal record search is a primary concern for the employer and the applicant. Statutes governing criminal record research and reporting of criminal records vary by state. It is the responsibility of the background investigation company to understand the criminal record research process in each state and conduct the most thorough and comprehensive criminal record search allowable by law through a primary source. Unfortunately, there is a great deal of misinformation regarding criminal record research as it relates to the background investigation process. Too many background vendors conduct criminal record checks using cheap proprietary databases that are incomplete and inaccurate instead of conducting criminal record research through primary sources. This is a very serious problem in the background investigation industry. Proprietary databases provide instant results and they are inexpensive. However, proprietary databases not meet due diligence standards and they are actually very dangerous. Criminal record research must be conducted through the primary sources, not databases. Primary source research includes the specific state agency set forth by statute for the purpose of conducting statewide criminal record research.
Forty-two states have provisions to search criminal records for employment purposes on a statewide basis for felony and misdemeanor convictions. In the remaining eight states, criminal records can only be researched on an individual county-by-county basis. In the case of a county search, the only records available will be those criminal cases heard in the county that was checked. A crime that occurred in another county will not be found.
A Federal criminal record search is available through the U.S. District Courts in jurisdictions where the applicant has lived.
The National Database of Criminal and Correctional Records provides a comprehensive search of publicly available correctional, sexual and violent offenders and limited criminal history. This nationwide search will find serious offenders who could be missed if only an individual statewide criminal record search is conducted. The National Database search is a supplemental tool and should be used in conjunction with actual criminal record research. We highly recommend that in addition to the Nationwide Database Search, a statewide criminal record search should be conducted where your applicant has lived or worked to meet due diligence requirements.
Criminal record research is unique in New Jersey. To our knowledge, there is no other state with similar circumstances and potential liabilities. According to New Jersey statutes, the only method of conducting a full statewide search of both Superior and Municipal Court records is through the New Jersey State Police. No other agency or court has records from both courts on a statewide basis. Any criminal search by a background investigation company that is not conducted through the State Police in New Jersey is inadequate, incomplete and will result in hiring candidates who may have a criminal record without the knowledge of the employer.
New Jersey statutes have authorized only the actual employer and New Jersey licensed private detectives to conduct a criminal record search through the State Police for employment purposes. If a background investigation company is not licensed in New Jersey, they cannot conduct a search through the State Police and must conduct a criminal search that is inadequate by industry standards. Background investigation companies that conduct an alternate type of criminal search in our state do so because they cannot conduct the proper research and as a result, place their clients in a precarious position.
New Jersey statutes direct the State Police to provide expedited service to only five (5) New Jersey licensed private detective agencies. TABB INC. is one of the five agencies with this privilege. We are conducting over 3,000 statewide criminal record checks each month through the New Jersey State Police. Our volume allows TABB INC. to receive priority service. If a background investigation agency is not one of the five companies with expedited service, it will take three to four weeks before the background investigation agency will receive the results of the criminal record search from the State Police. By utilizing, TABB INC., our clients receive the benefit of expedited criminal record checks in New Jersey that few companies can match.
A national sex offender database provides a comprehensive search of publicly available sexual offenders from all fifty states. The availability of the records varies by state and is dependent upon each state's policy regarding the availability and publication of records. This search provides a comprehensive nationwide search for serious offenders.
TABB INC. conducts a two-part verification of employment. The first part consists of an interview with Human Resources to determine job title, dates of employment, eligibility to return, responsibilities, reason for departure and salary. The second part consists of an interview with the applicant’s supervisors and professional references to obtain more specific information regarding the applicant’s work history including duties, work performance, strengths, weaknesses, promotions and accomplishments. We provide a narrative report including interviews with those who have firsthand experience working with the applicant. Recruiters may ask TABB INC. to conduct specialized questioning regarding an applicant and their work history to focus in on specific concerns. Our interviews are reported in a narrative format unique to each applicant and employer. Our reports utilize our researcher's comprehensive experience to develop vital information required by recruiters to make a hiring decision. The TABB INC. representative designated to conduct verifications will make repeated attempts to contact the employer's human resources department and supervisors if the level of cooperation does not meet industry standards.
TABB INC. has compiled an extensive database of corporations, educational institutions and health care facilities and their procedures to verify employment. This database streamlines the verification process with the information provided by the applicant and results in a quicker return of vital information for our clients. We also have an extensive telephone directory database to locate employers by name or address even if the applicant provides incorrect or inaccurate information on the application that under normal circumstances would be a roadblock in the process. On occasion an applicant will list the telephone number of a friend or associate who will act out the part of a supervisor or Human Resources Associate. This database assists us in identifying non-existent employers and references listed by an applicant. When Human Resources requires a fax to verify employment, our researcher will ask who will conduct the verification and when we can expect this information to be returned to us. The report is placed in a diary and if the results are not returned at the expected time, our office will follow-up with phone calls to the employer.
There are a number of roadblocks that are met in the background investigation process. TABB INC. has developed a number of tools to insure that delays resulting from obstacles over which we have little control are minimized so that we meet our goal of providing information on an applicant for a recruiter and hiring manager so they may make an informed employment decision in a timely manner.
Applicant supervisors and business references are interviewed to determine job performance, assessment of abilities, responsibilities and accomplishments. Personal references are contacted to determine reputation and character.
Leveraging today’s technology and our vast experience conducting behavioral background investigations, E-Reference Checks (ERC) takes reference checking to a new level. Our proprietary software platform includes specific job performance surveys and competency-based questions that are emailed to the applicant’s supervisors, coworkers and peers to develop an evaluation of a candidate’s performance. References receive an automated email asking them to complete a quick online survey. TABB INC. has conducted Behavioral Based Reference checking for over twenty years as part of our Human Capital initiative with a goal to work with client hiring processes and find the most qualified candidates.
Our behavioral based surveys include in-depth questions designed to provide a comprehensive evaluation of the candidate’s abilities. Survey responses rate the candidates abilities across performance categories. Recruiters can monitor results through an online dashboard and easy to read candidate evaluation reports. Results are typically available in less than 48 hours and at a fraction of the cost of a typical background investigation.
Clients have the option to use only ERC to conduct performance related interviews. Or, ERC can be used as a supplemental recruiting tool and then engage TABB INC. to conduct our traditional background investigation program at the appropriate time. This would include criminal record research, verifying employment through Human Resources to confirm and double-check employment information and utilize standard behavioral telephone interviews with supervisors who did not respond and additional supervisors if required. Most importantly, our ERC process is in full compliance with the Fair Credit Reporting Act.
Verification of education can be conducted through a high school, trade school, college or university and includes dates of attendance, grade point average, degree and any honors received upon graduation. The availability of information is subject to the policies of the reporting institutions.
Applicants with financial responsibilities may require a credit check. Our report will include current and former addresses, the social security number on record with the credit bureau, current and former employers. A summary of the applicant's credit history will be provided indicating the status of credit accounts and will include judgments, liens, bankruptcy and collection accounts, if any.
The Social Security Administration has a consent based verification program to verify a person’s name and social security number. The Social Security Administration is the only governmental agency or organization that has the correct identity of an individual and allows confirmation for employment purposes. This search assures that the criminal record check is conducted on the applicant using the correct identity and that the applicant has a valid Social Security number.
Driving records are available in the forty-eight states that have provisions by law to release this information for employment purposes.
Our service provides verification of a professional license (nursing, medical doctor, pharmacist, etc.), the date granted and will advise if the license is current or if there are any findings using primary sources.
The applicant's social security number is entered into information databases and the name; current and former addresses associated with the number are developed. Actual credit history is not obtained on an applicant and the search is permissible for employment purposes. This search can develop other names used by the applicant and other addresses, which may not have been included on the employment application for the purpose of conducting further criminal, record searches in other jurisdictions.
According to a recent Society of Human Resource Management Magazine article, the Immigration and Customs Enforcement (ICE) will aggressively audit employer's I-9 processes and completed forms for compliance in the coming years. ICE officials have determined that audits are more effective and less disruptive than employer raids. There were 2,500 audits in 2011, a fivefold increase in just three years. The number of audits are expected to continue this growth pattern. Additionally, federal and state legislators seek to make E-Verify mandatory for employers. E-Verify is already mandatory in a number of states. TABB INC. provides an easy solution to the I-9 and E-Verify process and best of all, at no cost to the employer.
Without effective assistance in maintaining the balance between employing a legal workforce and avoiding discrimination, employers are vulnerable to fines, lawsuits and other serious penalties. Compliance is particularly challenging for companies with multiple worksites and temporary foreign employees. Employers are responsible for problems resulting from changes in law as well as the varied knowledge and judgment of employees responsible for completing the forms and reviewing documents for genuineness and relationship to the new hire who has presented them. TABB INC.’s unique process enables accurate online creation of failsafe I-9 forms. The system is far more than a web-based form filler. Our digital I-9 form is governed by multiple rules that apply to individual data fields. Some of these rules are enforced across several fields, both within and across Sections of the I-9. Our I-9 and E-Verification Solution is an automated compliance system to provide a truly comprehensive audit on demand.
Our web-based system guides the employer representative quickly and easily through the familiar I-9 form. Error Rules, Alerts and Tips associated with specific fields provide thorough guidelines for the completion of the form, answering questions when needed and allowing for timely error resolution during completion of the form. I-9 forms cannot be signed until all curable errors are eliminated, including omission errors, logic errors, correlation errors, and formatting errors. All outstanding errors are compiled into reports so that management is aware of the status of a non-compliant I-9 form.
The system captures and stores electronic signatures, resulting in a completely paperless Form I-9 process. Our software automatically and seamlessly interfaces with the E-Verify to verify that there is a match between a person's SSN and name, that the person's citizenship status is correct, and he or she is eligible for work. The response for verification is almost immediate. The I-9 and E-Verify Solution solves problems that compliance-minded employers have experienced since the initial implementation of the government's employment eligibility verification rules in 1987. Our Electronic Form I-9 verification service is secure, economical, easy-to-use, and most importantly, accurate.
Benefits of the Electronic I-9 and E-Verify Solution
· Eliminates errors and omissions as each Form I-9 is completed.
· Provides tips and alerts to flag exceptions and eliminate confusion while the I-9 form is prepared.
· Prevents fraud and typing errors and prohibits creation of an incomplete Form I-9.
· Compares Form I-9 information with the Department of Treasury OFAC list of aliens "blocked" from U.S. employment.
· Compares Form I-9 Section 1 information, the employee’s identity, with the SSA and Department of Homeland Security's E-Verify Program. A confirmation number will be issued to you from the SSA and DHS to document the employee’s name, date of birth and social security number matches information with these agencies.
· All documents with future expiration dates that must be updated trigger email notifications in advance with standard emails being delivered, 180, 90, 60, 30 and 0 days before they expired. All documents with future expiration dates that must be updated trigger email notifications in advance with standard emails being delivered, 180, 90, 60, 30 and 0 days before they expired.
· Captures electronic signatures ("click to accept", PIN, keypad signatures).
· Retains Form I-9 records electronically at centralized location, with full compliance.
· Provides backup for paper Form I-9 records that are lost or destroyed.
· Existing Form I-9s and supporting documentation can be scanned and attached to electronic system, and paper Form I-9s can then be destroyed.
· Accommodates changes in law as soon as they are effective.
· Provides standardized reporting and the flexibility to generate unique reports from Form I-9 data, functionality that typically is not available from other sources.
· Data for existing employees’ (Historical) I-9 forms can be audited to determine Form I-9 risk.
Services We Provide
Your first step toward a safe and more productive workforce.
TABB INCORPORATED 555 EAST MAIN STREET, CHESTER NJ 07930 1-800-887-TABB INfo@tabb.net