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PREEMPLOYMENT BACKGROUND INVESTIGATIONS

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Wisconsin Consolidated Circuit Court Automation Program (CCAP) (Free) Sexual Offender Registry (Free) Multi-State Criminal Search. Federal Records Criminal/Civil ... – PowerPoint PPT presentation

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Title: PREEMPLOYMENT BACKGROUND INVESTIGATIONS


1
PRE-EMPLOYMENT BACKGROUND INVESTIGATIONS
  • School District Best Practice Standards

2
WHY ARE INVESTIGATIONS NECESSARY NOW?
  • Negligent Hiring Liability Lawsuits
  • Protection of students and staff
  • Because the best predictor of future behavior is
    past behavior
  • Because the DPI and The Wisconsin Crime
    Information Bureau and the Consolidated Courts
    Automation Program (CCAP) is not sufficient to
    meet a due diligence standard

3
WHAT IS MISSING?
  • Crimes not related to children
  • Federal Crimes
  • Tribal Court Records
  • Records prior to CCAP
  • Counties got on line at different times
  • Out of State Records

4
DUE DILIGENCE
  • We do what the law requires
  • We check references
  • We work with our police liaison to gather
    information

5
DUE DILIGENCE
  • If you could have known, you should have known.
  • The reasonable person standard

6
WHAT CRIMINALS KNOW THAT YOU MAY NOT KNOW
  • Criminal records dont cross state lines
  • Most employers dont check for residential
    history
  • Most employers are reluctant to check out of
    state records

7
PROBLEMS
  • Cost
  • Information retrieval system
  • Understanding the information one gathers
  • Knowing where to look
  • Knowing how deep to look

8
THE APPLICATION
  • Complete residential history since high school
  • Questions concerning criminal/misdemeanor history
    or pending cases
  • Explanations of legal history
  • Questions regarding alien status
  • Place of birth

9
THE SOLUTION (PARTLY)
  • Social Security Trace
  • 7-10 residential history
  • Alias names, maiden names
  • Fraudulent SS numbers
  • OFAC (Terrorists)
  • Alerts

10
FREE WEBSITES TO IMPROVE YOUR PROCESS
  • wcca.wicourts.gov/index.xsl
  • www.prevent-abuse-now.com/register.htm (Sexual
    offender registry by state)

11
APPLICANTS DISCLOSURESNational Social Security
Search
  • OUT OF STATE RESIDENCY REVEALED
  • Search county(s) and/or States of residence
  • Request Multi-State Criminal Search (can only be
    obtained when requested with some other search)
  • Check National Sex Offender Registry(s) for each
    state. (Free)
  • Federal Records?
  • Tribal Records?
  • Military Records?
  • Civil Records?
  • NO OUT OF STATE RESIDENCY REVEALED OR DISCOVERED
  • Wisconsin Department of Justice Crime Information
    Bureau On Line (5)
  • Wisconsin Consolidated Circuit Court Automation
    Program (CCAP) (Free)
  • Sexual Offender Registry (Free)
  • Multi-State Criminal Search
  • Federal Records Criminal/Civil
  • Tribal Records?
  • Military Records?

12
OUT OF STATE HISTORY
  • State Criminal (42 available)
  • County Criminal (when state not available)
  • County Civil
  • Federal Civil/Criminal
  • Driving Records

13
MULTI-STATE SEARCH
  • 135,000,000 CRIMINAL RECORDS
  • Data based search only available when requested
    with search on some other jurisdiction
  • Most valuable tool for out of state

14
OTHER TOOLS
  • Employment Verification
  • Education Verification
  • Professional License Verification
  • Drug Screening

15
WHO IS BACKGROUNDED?
  • All employees
  • All Volunteers
  • Which group of employees are most likely to be
    offenders?
  • Over 60 of resumes have falsifications
  • Credit reports on those with financial
    responsibilities

16
WHAT TO DO IF YOU FIND SOMETHING
  • Ask for an explanation
  • Ask for reconciliation of discrepancy
  • Call a professional for further investigation or
    clarification

17
RESTRICTIONS UNDER FAIR CREDIT REPORTING ACT
  • Signed releases
  • Aversive action (Decision not to hire)

18
ON LINE INFORMATION SERVICES
  • Over 800 from which to choose
  • The information age makes this possible from your
    computer
  • Cost effective
  • Time efficient
  • Technical support

19
VALUE ADDED FEATURES
  • Professional Investigators
  • ½ hour free consultations
  • Local Immediate Service
  • A former educator available for consultation and
    service

20
API SERVICES, INC.
  • Craig Warrick
  • 920-435-8317
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