If states overturn previous marijuana convictions, how does it impact background checks?
With the legalization of marijuana across many states, cities such as San Francisco have implemented conviction expunging policies (Proposition 64) which remove misdemeanors and non-violent charges related to marijuana. Policies like these aim to get previous convictions reduced or reclassified to lesser offenses, with some convictions being dismissed altogether. This means that charges that are expunged will not appear on background checks. Employers need to implement a comprehensive background check process that will navigate individual state and city regulations. When employers use cheaper instant background checks, information can be incorrect or outdated, which could lead to potential lawsuits or liability in the workplace.
In addition, employers should consider services, such as social security number validity, criminal history for federal, county, and state, employment verification, etc., to provide the most accurate and up-to-date information.
How does DISA know what jurisdictions to check?
DISA accesses a database that consists of more than 180 million criminal record files, which have been compiled from a variety of sources, including local law enforcement, statewide criminal record repositories, departments of corrections, state parole and probation records, local public records sources, etc. to identify pointer data to be verified at the source. DISA also uses data sources to compile counties where a person may have lived. The database file may uncover multiple states/jurisdictions where the applicant had no previous address history. These products serve as a pointer used to determine the jurisdictions in which an individual has lived, worked, or attended school for purposes of criminal history ordering.
When testing a non-DOT employee, can they have a single specimen collection?
If the employee is non-DOT regulated, then yes you may have a single specimen collection. But for those who are DOT regulated, you cannot. (Please see Part 40 below).
40.17 How does the collector prepare the specimens?
a. All collections under DOT agency drug testing regulations must be split specimen collections.
b. As the collector, you must take the following steps, in order, after the employee brings the urine specimen to you. You must take these steps in the presence of the employee.
- Check the box on the CCF (Step 2) indicating that this was a split specimen collection.
- You, not the employee, must first pour at least 30mL of urine from the collection container into one specimen bottle, to be used for the primary specimen.
- You, not the employee, must then pour at least 15 mL of urine from the collection container into the second specimen bottle to be used for the split specimen.
- You, not the employee, must place and secure (i.e., tighten or snap) the lids/caps on the bottles.
- You, not the employee, must seal the bottles by placing the tamper-evident bottle seals over the bottle caps/lids and down the sides of the bottles.
Are credit reports included in a background check?
A credit report is sourced at one of the three major credit bureaus. A credit report can reveal if an applicant has lived at a particular address or addresses for a length of time and can be an indicator of how responsibly he/she has handled personal financial affairs. In some states, this product can only be used for certain positions, such as fiduciary or executive management positions, or for certain regulated employers. Note, no credit score is provided on the credit report for employment purposes. State and local laws restrict when a credit report can be obtained for employment purposes.