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Why should I conduct Background Checks?
Generally, an employer that fails to investigate the background of an applicant whom is hired for a risk-sensitive position may be liable for negligent hiring or retention if the employee is later involved in harmful misconduct or illegal activities. Punitive damages for those cases can run into millions of dollars. Consequently, the time and money you might "save" by not doing background checks are only a drop in the bucket compared to what you might be required to spend to defend yourself against a negligent hiring lawsuit.
Performing a background check is your opportunity to verify information provided by your job candidate. It can also reveal information that was either mistakenly or intentionally omitted - such as residency in other regions where a criminal record might be located. These reports promote a safe and profitable workplace, and are an effective risk management tool that has been proven to reduce the odds of a bad hire.
Background checks also help confirm dates of attendance and degrees or certifications earned, and can provide specific information about prior employment.
There are three compelling reasons to run Background Checks on all job applicants:
 To provide a safe workplace for employees and customers
 To hire the most qualified people who will help to grow your business, not to destroy it
 To minimize exposure from employee liability by practicing “due diligence” in the hiring process.
The bottom line … your applicants' history will go a long way in predicting their future and a thorough employee background check help you make an informed choice. Having a background screening program in place will encourage applicants to be more forthcoming about their behavior history.
 Exactly what does HIRE-SAFE do?
HIRE-SAFE protects employers from applicants who falsify their applications, hide criminal records or other facts that can result in legal liability and other potential problems. We are professional researchers who know how to retrieve and understand information in the public domain and identify potential hiring dangers, thereby assisting an employer in employee risk management.
What does a Background Check consist of?
A genuine Background Check means verifying the background history of a person. In the context of normal civilian pre-employment screening, this usually refers to the completion of one or more of the following: an ID. verification which includes the verification of their Social Security Number and their address and employment history, a Criminal Conviction History check, a Civil Litigation History check, a Drivers License Record check, a Personal Credit History check, an Education Verification, an Employment Verification, a Professional License Verification --- and usually, a Drug Test to detect the use of illegal drugs and/or the illegal use of controlled substances. To learn more about how we find criminal records, click here.
Is this practice legal?
Every aspect of the research performed by HIRE-SAFE is fully compliant with all Federal and State laws and applicable legal standards. By using HIRE-SAFE, employers legally protect themselves and ensure that the rights of their applicants are also being upheld. Although we cannot provide legal or hiring advice to our clients, our legal advisors ensure that HIRE-SAFE procedures comply with the Fair Credit Reporting Act and other Federal and State laws concerning privacy, discrimination and equal opportunity. These laws dictate what records can be reported, how they can be utilized, and, who can use them. All records are subject to Equal Opportunity laws, which prohibit unfair use of the data.
How are the records used?
The records are used to verify the statements of the prospective employee or tenant, as well to alert the employer or landlord to potential safety issues. Employers and landlords have an obligation to exercise reasonable care in the hiring and leasing process. For example, a child day care center needs to know if an applicant has an undisclosed criminal background.
Do you need a special license to run background checks?
Currently, the State of California does not require a specific license for a company performing Background Checks. However, the president and CEO of HIRE-SAFE, Alfred Firato, is a licensed California Private Investigator (CA PI #24156), which provides our clients with an extra layer of protection and professionalism. Mr. Firato is a founding member of the National Association of Professional Background Screeners (NAPBS) and serves on their Ethics Committee. In addition, Mr. Firato is a member of the California Association of Licensed Investigators (CALI).
What if there is a mistake on someone's credit history?
The applicant or employer can make inquiries regarding the information in question and it will be investigated. The applicant has specific rights outlined in the Summary of Rights, which must be provided to the subject of the background check as specified in the Fair Credit Reporting Act (FCRA).
Can I do a nationwide criminal background check?
Yes, but an accurate county court nationwide criminal history search would be cost prohibitive. Some companies advertise a "Nationwide Criminal Search" but this is misleading because it does not include all states and is done by searching databases, not the court system. These databases rely on courts to submit their records to them and many of the courts do not participate - and if they do participate, the records are frequently outdated. There is no central repository of criminal records available to the private sector - to conduct a nationwide criminal history check for this criminal background check, we would need to search over 3,300 courts throughout the country.
Contrary to what you may have heard or read, there is NO, repeat, NO NATIONAL CRIMINAL REPORTING SYSTEM available to the public. The National Criminal Information Center (NCIC) is maintained and run by the FBI and is authorized for use only by law enforcement in the pursuit of an investigation. The NCIC is NOT available for use by the general public under any circumstances.
What about those inexpensive database “national criminal record” searches?
As noted previously. There is NO national criminal record database that is recognized by the Federal government as a legal primary source of information for employment-related decisions. These databases, by their very format of being stored data, violate the FCRA if used as the sole basis of employment decision making. See the Federal Trade Commission staff opinion letter about stored data..
YOU DON’T WANT TO BE IN VIOLATION OF FEDERAL OR STATE EMPLOYMENT LAWS!
 The information reported by state repositories, where they exist, is not consistent or thorough. Not every state and/or court participates, which leaves huge gaps in the reporting process. Stored data vendors purchase and update their tapes or CD-ROM’s about every 90 days, or sometimes every 6 months. During these intervals, a lot of criminal activity can and will occur, never to be revealed until the next update. An employer simply cannot afford to have such gaps in the reporting of a candidate’s past, wondering if the applicant has been arrested and convicted since your vendor's database was long ago updated.
That being said, stored data does help in a secondary and back-up role when the counties from the “address of record” have also been searched. Stored database criminal records from jurisdictions beyond the primary recorded counties could point to convictions that would not have otherwise been known.
What types of background check services are available?
HIRE-SAFE searches include Address History, Social Security Number Trace, County Criminal Records, Statewide Criminal Records, Instant Criminal History, Federal Criminal Records, Sexual Offender Registry, County Civil Records, Federal Civil Records, Drivers History, Credit Reports, Education Confirmation, Prior Employment Confirmation, License and Certificate Confirmation, Workers Compensation Records, Drug Testing and Reference Checks.
 How do you know where to look for a criminal record?
The best way to determine where your applicant has lived is to from an Address History Search. This is based on their Social Security Number and uses information from the credit reporting agencies as well as numerous other resources to develop a complete history of residency, or their “address of record.” Each address will have the County identified, and a County Criminal Record search can be completed for the appropriate counties. Our system automatically orders the appropriate County Criminal Searches without any additional data entry. It is a reasonable conclusion to look at ALL the counties from the address of record for criminal records, a practice that will maintain the integrity of the due diligence process if the background report becomes a legal issue. A complete and legally recognized background check will always include all counties from the “address of record.” Not doing so invalidates the report, and the expenditure for a background check is wasted.
What if my candidate has lived in other states?
HIRE-SAFE can retrieve criminal reports from anywhere in the USA, Canada and 172 foreign countries.
What if someone has changed their name, been married, etc?
If you know the alternate name, you can include it in your background check search request. If an additional name is disclosed during the background check - by the Address History/Social Security Trace for example - then you might want to ask the applicant about it first, and then include it in your searches. A complete and legal background check will always include all aliases, maiden names or AKA’s. Not doing so invalidates the report, and the expenditure is wasted.
Can your report predict someone’s future behavior?
Performing a background check on a job applicant is certainly NOT a guarantee of their future activity. It is very important to understand that an employment background screening report is aimed at how a person has performed in the public aspect of their lives, which are based upon the “paper trail” that each of us leaves in our wake. What the reports WILL reveal is the demonstrated past behavior of the applicant, in the form of criminal convictions, their driving record, personal character and/or how a person discharges their obligations and responsibilities.
This information allows an employer to make an INFORMED CHOICE. Employment Background Screening is NOT an invasion of privacy, a sign of mistrust or an act of “Big Brother.” Background Screening is not only for the benefit of the company as a sound business practice, but also for the benefit of all employees. It is no reflection on an applicant.
For the prices being charged, these are NOT in-depth FBI style investigations. However, just engaging in a background screening program demonstrates a high level of due diligence which provides an employer with a great deal of legal protection.
Will I alienate my staff if I request background checks?
The procedure for Employment Background Screening is nonintrusive and respects your applicant’s privacy rights. The information is handled on a “need-to-know” basis with all due respect to the individual job applicant. When a company has a background screening program, it is for the protection of EVERYONE who works there. A legal background check policy does NOT violate anyone’s rights or single out an individual applicant.
How much does a background check cost?
Background Checks vary in cost depending on the types of searches included in the report and number of county courthouses need to be searched. All county court record searches are conducted at the court house, anywhere in the USA. Most of our clients combine several searches, such as an Address History, County and Federal Criminal Search based on the address history and a Motor Vehicle Report (MVR). By combining several searches into a single package, we can offer a better price. We also offer volume discounts to companies that order frequently and these discounts are handled on a case-by-case basis.
Will I encounter any surcharges when ordering a background check report?
In some regions, governmental agencies, schools or employers that provide us information charge a small fee for releasing this information. Rather than increasing our prices for all services, we add these fees to a customer’s order as a surcharge (at no additional markup), only when such a fee applies. These fees, when applicable, average approximately $6. (However, the New York state Office of Court Administration imposes a whopping $52.00 per name fee!)
How do I provide the information about my applicant to you?
After your account is established, we provide you with all of the necessary forms that you’ll need to insure complete compliance with state and federal laws. Background Search requests can be submitted in any way that best suits your business; directly from your desktop computer, E-Mail or faxed.
How long will it take to complete the background check?
Employee background check reports generally are complete in 48-72 hours. If a criminal record is found, the entire court case file must be pulled to retrieve the necessary data. Often this involves additional time by the court clerk. Academic and Employment Verification completion times vary greatly, owing to the individual nature of each organization’s cooperation. Every effort is made to return a completed request in the fastest time available without a compromise in accuracy.
How will I receive the results of the search?
That's up to you - employee background check reports can be E-mailed directly to you, viewed online at www.hire-safe.com, faxed to you or a combination of these. HIRE-SAFE is very user-friendly, so you can adjust your preferences to what suits you best.
What does it cost to sign up?
Nothing! We do not charge any registration fees, setup fees or monthly minimums. You pay only for the services and reports that you request. However, if you are interested in receiving Employment Credit Reports (PEER) we are required by Experian Corporation to conduct an onsite inspection. For this inspection we must charge a one-time fee of $75.00.
How do we setup an account to run background checks?
You will need to provide basic background and contact information for your company. In addition, you will have to provide information to verify the validity of your business (Federal Tax ID number, Business License number, and a bank reference). Data Research Network, Inc. (dba: HIRE-SAFE) is governed by the Fair Credit Reporting Act, which requires that we only release applicant’s personal information for use in pre-employment screening by employers and leasing agents for tenant screening – therefore, we must verify the validity of all employers with which we conduct business. If you are applying for a credit account with Data Research Network, Inc., we collect some additional credit information, such as trade credit references.
Each client is required to have a signed Subscriber Agreement on file, which in part gives Data Research Network, Inc. permissible use to conduct the requested research on your behalf. There are NO contracts or purchase obligations in the Subscriber Agreement.
Can anyone use your service and receive confidential information?
No. Only bona fide businesses who intend to use this information strictly for employment purposes, and Landlords who need to screen potential tenants are allowed to use our services. All reputable background screening companies operate under the jurisdiction of the Federal Trade Commission, and must abide by the Fair Credit Reporting Act. In California we have even stricter consumer protection laws, so our company always operates at the highest level of compliance.
How fast can our company be set up and ready to run a background check?
Usually less than 24 hours, and possibly the same day if you contact us early (except in the case where Employment Credit Reports are requested).
Do I need to provide my applicant with any forms or disclosures?
Yes. For every background search that you initiate, the applicant must be given a copy of Fair Credit Reporting Act and a “Notification of the Intent to Verify”, which we provide to you. These forms are also available in Spanish. Then you fax to us (or submit via the web) a signed “Release Authorization” which contains all of the vital information that we need to complete the research. California residents have a similar series of forms in addition to the Federal requirement. Once your account has been established we will send you all of the necessary forms.
Occasionally some states require additional signatures for their driving records or Workers Compensation data.
How does your billing and invoicing work?
We invoice on the 1st and the 15th of the month for all work completed by the close of business in those two periods. Our billing terms are: Net 15 days.
Can we talk to you about questions or issues that we may have?
Emphatically YES! We welcome all calls from our clients as a way to learn more about your business and what role we can play to assist you. Call us toll-free any reasonable time at: 888 792-HIRE (4473) or in Santa Clara County, at: 408 374-HIRE (4473).
Or E-Mail us at: research@hire-safe.com
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