FAQs

Our turnaround time is continually monitored and tracked by management to make sure that your reports are returned to you as quickly as possible. 60% of our reports are completed in less than 24 hours and 85% of our reports are completed in 48 hours. Our online report retrieval site allows our clients to see the progress of their reports in real time and to receive their results as soon as they are entered, allowing you to track the progress of your applicants. We will always keep you informed if there should be a delay.

What do I need to do as an employer to comply with the FCRA regarding background checks? »

Prior to initiating a background check, an employer must notify the applicant in writing that a background check is being requested on the applicant and must obtain written consent from the applicant. The employer must also include a statement informing the applicant of their right to request additional disclosure in accordance with the FCRA.

Prior to denying employment based in whole or in part on negative information received from a BackTrack Pre-Employment Background Check Report, the employer must:

A) Notify the applicant in writing that derogatory information has been found by the Consumer Reporting Agency and provide the applicant with a copy of the report and a ‘Summary of Rights’ under the FCRA.

B) After giving the applicant reasonable time to dispute the background check (approximately 3 days), the employer must provide the applicant with a written formal denial of employment, otherwise known as an Adverse Action Letter.

Do I have to tell my applicant that a hiring decision was made based on the background check? »

Yes. Under the Fair Credit Reporting Act, you are required to inform your applicants that you are not hiring them because of information contained in the consumer report. You must inform your applicants of this no matter how small a part the consumer report played in your decision. You must also give your applicants a copy of the report and give them time to contest any inaccurate information in the report with the consumer-reporting agency that provided you with the report.

Is it illegal for a past employer to give any information for inclusion in a background check report? »

No, especially not with a signed release. Some states have even passed laws that exempt a past employer from any liability even if a release has not been signed. BackTrack, however, does suggest that all applicants sign the release so that it will ease the past employer’s decision to release information.

Do I have to have my applicant sign a release if I am not ordering a credit report? »

Yes. Pursuant to the Fair Credit Reporting Act, all pre-employment backgrounds are considered Consumer Reports, whether or not they contain credit information.

What exactly is a RUSH order on a background check report? »

For an additional charge, your request is given special handling from start to finish. Your order will be entered into our system and we will then begin work on it immediately.

We make every effort to obtain all the information that you have requested, within 24 hours. We will send a background check report containing everything that we have obtained within hours and then continue to update your background check report as additional information comes to us. If you are in a hurry to hire, our RUSH background check service will meet your needs.

We are just starting a background program. Can I run backgrounds on our current employees as well as all new hires? »

You can obtain a consumer report on all current employees; however, you may only do so with their written consent. You will probably find many current employees who object to having their background run, as it was not an original condition for employment. Before considering running backgrounds on current employees, we highly recommend discussing this with your corporate counsel or a qualified labor attorney to address any potential legal problems you may encounter.

Can you get more than dates, title and salary from prior employers? »

We have found that in many instances, our trained staff can get much more than just the basics. Unless you prefer just dates, title, and salary verification, our investigators ask questions pertaining to job performance, duties and responsibilities, attendance, attitude, and promotability. Some of the larger corporations have strict verification policies, but we have a very good success rate with obtaining meaningful information to assist you in your decision making process.

Do you have a database search to help enhance the in-person search in my background check package? »

Yes, our new database search, called CrimeTrack, is now available. To date this search covers over 200 million records from 50 states and is continually growing. The CrimeTrack database has recently added a 50 state sexual offenders database to its search capabilities. CrimeTrack is a wise addition to your company’s background check package.

Where does CrimeTrack’s database information come from? »

CrimeTrack is a database search consisting of over 176 million records from 50 states. These records have been pulled from various state courts, state correctional institutions and BackTrack’s county and state databases. This is the most complete proprietary database currently available to the non-law enforcement community.

Where does all our information come from?

Alabama Department of Corrections, Alaska Courts, Arizona Corrections, Arizona Courts, Arizona Courts (Maricopa, Mohave, Pima County Case Filing Index), Arkansas Corrections, Arkansas Courts, California Court Index, Connecticut Archived Corrections, Connecticut Corrections, Connecticut Courts, Connecticut Traffic Court, District of Columbia Corrections, Florida Counties (Charlotte Arrest Records, Alachua, Bay, Brevard, Broward, Dade, Duval, Hillsborough, Indian River, Orange, Osceola, Palm Beach, Pasco, Pinellas, Suwannee), Florida Corrections, Foreign National, Georgia Bureau of Investigations ,Georgia Corrections, Georgia Decatur Arrest Records, Idaho Corrections, Illinois Archived Corrections, Illinois Cook and Sangamon Counties, Illinois Corrections, Iowa Corrections and Archived Corrections, Kansas Corrections, Kansas Sedgwick County Archived Data, Kentucky Corrections, Kentucky Lexington – Fayette Arrest Records, Maine Corrections, Maryland Department of Corrections, Michigan Corrections, Michigan OTIS Corrections, Michigan Wayne County, Minnesota Corrections, Minnesota Courts, Mississippi Corrections, Mississippi Hinds County, Missouri Corrections, Montana Corrections, Multi-State Sex And Violent Offender AK, AL, AR, AZ, CA, CO, CT, DC, DE, FL, GA, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR (Benton, Clackamas, Lincoln, Marion and Yamhill Counties)-PA-SC-SD (Pennington Cty, Minnehaha Cty and Aberdeen City)-TN-TX-UT-VA-WA (Clark and King Counties)-WI-WV-WY, Nebraska Corrections, Nevada Archived Corrections, Nevada Corrections, New Hampshire Corrections, New Jersey Archived Corrections, New Jersey Corrections, New Jersey Courts, New Mexico Corrections, New York Corrections, North Carolina Corrections and Archived Corrections, North Carolina Courts, North Dakota Archived Corrections, Ohio Corrections, Ohio (Greene and Portage Counties), Oklahoma Corrections, Oregon Counties (Clackamas, Columbia, Coos, Deschutes, Douglas, Hood, Jackson, Josephine, Klamath , Lane, Lincoln, Linn, Marion, Multnomah, Umatilla, Washington, Yamhill), Oregon Corrections , Pennsylvania Department of Corrections, Proprietary Offender Database, Rhode Island Courts, South Carolina Corrections, Tennessee Corrections, Tennessee Courts, Tennessee Courts of Limited Jurisdiction, Tennessee Davidson County Arrest Records, Tennessee Nashville Sheriff, Texas Counties (Bexar, Dallas, Denton, El Paso, Fort Bend, Gregg, Harris, Jefferson, Montgomery, Potter, Travis, Victoria), Texas Courts, Texas Sex Offender Registry, Utah Corrections, Utah Courts, Virginia Courts, Virginia Fairfax Circuit Court, Virginia Fairfax County Archived District Court, Virginia Traffic Courts, Washington CLJ Courts, Washington Corrections, Washington Superior Courts, Wisconsin Corrections, Wisconsin Courts plus BackTrack’s proprietary criminal record data, other state and county agencies and proprietary files.

Isn’t there a National Criminal Search through the FBI? »

Yes, there is. However, this search is through the NCIC ( National Crime Information Center ) and is not a public record search. This database is restricted to employers who have specific governmental authorization, and there are strict penalties for buying information that is illegally obtained. The data requires a fingerprint card and is not yet available for commercial use. We recommend that our clients do criminal searches either through the county, the state repositories, and/or the federal court houses. You may also want to add our database search called CrimeTrack to your background check package as an enhancement to your criminal records search.

Can CrimeTrack replace the in-person search in my background check package? »

NO! This database, which is very extensive, is by no means complete and will not reveal the most up-to-date information. What it does do is search over 200 million criminal records for a very small price, instantly!

We currently search jurisdictions by home addresses and places of employment, which are often revealed in the credit report or employment application. However, many criminals have been found guilty of crimes in other jurisdictions and our normal search criteria would allow those individual records to slip through. That’s where CrimeTrack comes in!

In today’s world people move about and relocate with ease. This mobility makes it easy for an individual to effectively hide their past and start fresh in a new location. In fact, the most determined criminals probably fall into this category. You owe it to your company to add a CrimeTrack search on every individual you order a background check on.

We have found that by using CrimeTrack, 6% of the background checks reveal hidden records that are not normally uncovered using our standard search criteria.

My applicant had a warrant for arrest on his background. Do I have to report him to the police? »

You are not required to contact your local law enforcement agency and disclose your applicant’s whereabouts. We do suggest, however, telling your applicant about the warrant. Many times warrants are issued for minor issues, such as failing to appear for court on a vehicle code violation or failing to pay a fine on time. Your applicant may not know the warrant exists. This gives your applicant the opportunity to clear up the warrant and possibly be eligible for employment with your company.

How far back do you look for criminal records in a background check? »

The industry standard is to look seven years back. Many courts do not have information further back, as the law used to only allow for seven years, and some state laws only allow for seven years.

How do you verify criminal records in a background check? »

Contrary to popular belief, there is no complete, up-to-date nationwide database of criminal records available for commercial use. Only law enforcement and specific industries have access to this information. Therefore, to ensure we are getting the most accurate, up-to-date information, BackTrack representatives retrieve information directly through the Municipal and Superior Courthouses throughout the United States.

Are there statewide criminal searches available that I can add to my background check package? »

Yes. Availability, cost and turnaround time vary widely. Contact our office at 1-800-991-9694 for details.

How far back do driving records in a background check go and will I find out about other licenses? »

Driving records vary from state to state. An average time reported is three to five years. Almost every state requires that a person only hold one license and most report serious offenses such as DUI’s to other states. This practice is called ‘reciprocity’.

What is a financial responsibility suspension that appears in a Driving Record Search in a background check report? »

It requires an individual to show proof of insurance on a scheduled basis. If they are unable to show proof, the license is suspended.

Why does an additional name appear on the social search in a background check report? »

If it doesn’t appear to relate to your applicant – same first or last name/same address-it may be due to an input error. The applicant needs to contact the credit bureau to have it straightened out.

Isn’t there a national database search that I can add to my background check package that will show where an individual lived and worked? »

No.

Do you conduct backgrounds on applicants from out of the country? »

The availability of information varies from country to country. We conduct employment, education, and reference verifications throughout the world. We can obtain criminal record information in Canada, England and over 180 additional countries. Please call our office at 1-800-991-9694 for pricing and turnaround time information on all out of the country services.

(800) 991-9694

FAQs