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.
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.
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.
What are the most common types of criminal background checks?
A criminal history check reveals detailed information regarding an individual’s county, state, and federal criminal history. Each record varies by the type of information it searches for and the results that are returned.
1) County background checks, or county criminal history search results, include information about criminal cases filed only in the county ordered.
2) State background checks, or statewide criminal history search results, include information as reported to a state by counties within the state. Results may include case number, offense type, date of offense, disposition date/specifics, and confirmation of the current disposition.
3) Federal background checks, or federal criminal history search results, include criminal court record information that can be accessed via one or more of the 94 U.S. Federal District courts across the United States.