Criminal Background Checks

It’s been a few months since I’ve covered the topic of student background checks, when Governor Rick Perry granted schools in Texas authorization to run background checks on students planning to live on campus. With the unfortunate frequency of violent incidents at schools, it makes sense why some states are looking to background screening as means of safeguarding students, faculty and staff.

In the previous installment of Criminal Searches Uncovered we discussed what can be referred to as Criminal Searches 101, or Basics.  We shared the different types of searches that exist, various methods used to perform searches, and that age-old and ever-important topic, how long do searches take to complete.  For today’s edition, however, we aim to take a deeper dive, going to a dark and scary place for some, although we’re well past Halloween, aren’t we? 

On February 4, 2014, PreCheck hosted a webinar presented by Vice President of Compliance, Vu Do, covering 5 background screening best practices for HR. Background screening practices have been placed under increased scrutiny from regulators and it's imperative that healthcare employers have a proactive process in place to mitigate risk and avoid monetary panelaties. This info-packed session can help HR objectively establish or modify employment screening programs to meet industry guidleines. 

Topics Covered in February's Background Check Webinar:

When it comes to background checks, the State of Texas has been active.

In November 2013, the Office of Inspector General (OIG) published a report that showed deficiencies in the screening of licensed child care providers. The Administration for Children and Families (ACF) administers the Child Care and Development Fund (CCDF), which provides financial assistance for child care each month. In accordance with federal regulations, States must certify that they have in effect, under State or local law, requirements designed to protect the health and safety of children receiving CCDF subsidies and to monitor these requirements.

As you may be aware, Congress was unable to reach an agreement on the spending bill, resulting in the government shutting down October 1, 2013 at midnight. As a result, some government services that employers rely on for their pre-employment screening and hiring processes will not be available. This may impact the timeliness and completeness of certain background screening components. It remains to be seen how long the shutdown will continue and what the wider impact will be, but the following are a few points to keep in mind.

One common misconception among medical staff services departments is the assumption that the state medical license boards proactively discipline physicians with a history of misconduct. After all, don’t most boards require criminal background checks before granting licensure? While this is certainly a valid point, various studies have recently indicated that medical license boards are not very efficient in taking action against physicians with misconduct.

This year, Texas Governor Rick Perry granted colleges and universities across Texas authorization to run background checks on students planning to live on campus. In March 2013, the Texas Senate passed Senate Bill 146, which Governor Perry recently signed into law on June 14, 2013.

According to the U.S. Federal Bureau of Investigation’s website, a Criminal History Summary is a listing of certain information taken from fingerprint submission retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization, or military service.

From time to time, we receive inquiries from students, applicants, and the subjects of background checks about the type of criminal history information that will likely appear on their background screening reports. We thought we'd take this opportunity to address this question with a broader audience.