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January 2010 / News and Updates
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New Enhancements
American DataBank is very pleased to announce that the new enhancements for our Stargate System will be released on January 25, 2010. New enhancements will make our system faster, easier to use and includes features implemented based on your feedback. An additional announcement will follow soon with a link to our comprehensive online ordering guide.
Changes In Service Offering
American DataBank has been notified by the Virginia Courts that they are implementing changes in their record keeping system and policy. During these changes they will not be allowing access to statewide records and have informed us that the only way to conduct searches is on a county by county basis. Effective January 15th American DataBank will no longer be offering a Statewide Criminal Search in the State of Virginia. All criminal record searches within the State of Virginia will have to be conducted on a county by county basis. We will keep you informed when Virginia Statewide Criminal searches are available.
Change in Vermont Statewide Court Fee
The State of Vermont has increased their court fee by $10 and effective February 1, 2010 the cost for a Vermont Statewide Criminal Search will be increased by $10.
Change in Idaho Motor Vehicle Fee
The State of Idaho has increased their fee for MVR reports by $3 and effective February 1, 2010 the cost for an Idaho MVR will be increased by $3.
We apologize for any inconvenience. American DataBank makes every effort to keep costs as low as possible. Due to the economy many states are struggling with their budgets and are increasing fees for services to help meet their budget shortfalls. When they increase their fees we have no choice but to adjust our fees accordingly. We sincerely thank you for your business! For further inquiries please contact us anytime.
Top 10 Scams Released by the Connecticut Better Business Bureau
The Connecticut Better Business Bureau released the top 10 scams of 2009, one of which was aimed at job hunters. An ad was placed claiming that a company was hiring hundreds of employees. As part of their hiring process, they stated that a background check was required and was to be paid by the applicant. Individuals were providing credit card information, but the job advertisement was fraudulent. Other scams involved email solicitations, free trials, automated phone solicitations and lottery offers. Be careful if you receive any unknown phone calls and unfamiliar emails. If you visit a website or click on a link from an email and it asks you to install software, use caution. Some software installations will install a keystroke logger that will track the keys you enter on bank sites or any other site that requires a user ID and password. Click here to read the full story.
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October 2009 / News and Updates
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Individuals Not Found On Sex Offender Registry Even Though Registration Was Required
American DataBank has seen three cases where an individual failed to register as a sex offender and did not appear on the sex offender registry. When an individual is convicted of a sex offense they are required to register as a sex offender. The individual will not appear on the registry until they actually register as an offender. If the individual fails to register as an offender a warrant will be issued for their arrest and when they are apprehended they will have to go to court with a felony charge of "failure to register as a sex offender". Even with an active warrant or after going to court for failing to register that individual will not appear on either the state or nationwide sex offender registries until they actually register with the sex offender registries.
Additionally not all individuals convicted of sex offenses require them to register as a sex offender. Most states classify their sex offenders by levels such as level I, Level II, Level III, etc., the higher the level the more serious the offense. Most states require level II and level III offenders to register with the sex offender registry. Court record searches will include sex offenses if that individual was convicted of the offense within that state.
American DataBank found and reported the sex offense conviction in all three cases through real time court record searches. This is the reason why we do not recommend nationwide database or nationwide sex offender registry searches as a stand-alone search. Please contact us and we are happy to review your background check policy and ensure the best coverage for your needs.
Convicted Felons Working in Caregiver Jobs in Florida
The State law in Florida requires employees of group homes, day care centers and assisted living facilities to pass a background check. The law allows individuals to be placed and begin work before the background check is complete.
As a result of this loophole at least 2400 day care workers were on the job before the records were returned. One Tampa man had a note on his record of "EVIL DUDE-RAPE+KIDNAP+SEX ASLT".
Two decades ago an exemption system was created by lawmakers, allowing people with criminal offenses to work based on little more than a promise not to break the law again. More than 8700 people with criminal records have been cleared to work as caregivers including 45 murderers, 12 registered sex offenders and 200 people with histories of harming children.
American DataBank can help ensure a thorough background check with results returned within 24-48 hours, contact us for information. Click here to read the full story. |
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September 2009 / News and Updates
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Federal Contractors Requirements for E-Verify
Federal contractors and subcontractors will be required to begin using E-Verify starting September 8, 2009 for all federal contracts awarded and solicitations issued after September 8, 2009. E-Verify will verify the employees' eligibility to legally work in the United States. This requirement is also for any subcontracts over $3000 for services or construction. Any commercially available off-the-shelf items contracts that are for less than $100,000 are exempt. Companies are required to enroll for E-Verify within 30 days of the contract award date. American DataBank can help with your E-Verify compliance, please contact us for additional information. Click here for the full story.
Tougher Economy Leads to Desperate Measures
With the unemployment rate across the country American DataBank is finding that more applicants are taking measures to try to get by the employment screening process. American DataBank has seen an increase in applicants that have transposed their month of birth from 10 (October) to 01 (January), making a 6 look closer to a zero, provided false license numbers and excluding or adding a character to their last name.
The Following are Things to Watch Out For:
1. Handwriting that is very sloppy or illegible. Applicants may intentionally fill out the disclosure form with sloppy handwriting as a measure to hide their true identity. Background check results are very sensitive to the name, DOB and SSN that is provided from your applicant and sloppy handwriting can lead to errors in the information submitted to American DataBank. If you receive the disclosure form from the applicant ask for clarification on anything that is difficult to read.
2. The SSN trace can provide you with any names that have been used or associated with an SSN as well as the address history. Thoroughly check those results for any discrepancies in the name provided by your applicant. You may have an applicant who states that his name is Ed. The SSN trace can reveal variations in the spelling of the name such as Edward, Eddie, Eddy, Edwardo, etc. Additionally you may have a female applicant that has been married or divorced and used another last name. The SSN trace has results that are returned instantly and our system allows you to view the results before you order any additional services allowing you to include any alias names with your criminal record requests.
3. Discrepancies in employment dates. When employment is verified double check for any discrepancies in the dates provided by the applicant on their applicant and what the previous employer provided. If the applicant provided dates worked of 04/2006 - 11/2006 and the previous employer verified dates of 04/2006 - 07/2006 it can indicate that the applicant may be trying to cover up time while they were in jail.
4. Discrepancies in education verifications. Applicants may have attended but may not have graduated from the school stated on their application. American DataBank has seen many cases of applicants stating that they received a degree but the school only has dates attended but no degree awarded. American DataBank is able to verify both the dates attended and degree(s) received.
American DataBank would like to provide you with as much information as possible to make an informed hiring decision. Please contact us if you have any questions regarding results or if you have any questions about entering your applicant's information. |
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June 2009 / News and Updates
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Mississippi Statewide Criminal Searches Will Not Be Available
Due to changes with the Mississippi administrative office of the courts, as of July 1st, 2009 American DataBank will not be offering Mississippi statewide criminal record searches in order to re-evaluate the changes made by the administrative office of the courts. American DataBank only offers statewide searches that are comprehensive that cover felony and misdemeanors for all counties in that state. American DataBank is able to conduct county criminal record searches for any county in the State of Mississippi. We apologize for any inconvenience but due to changes in the record keeping system for the State of Mississippi we will no longer be offering Mississippi as a statewide search. We will keep you informed of any changes in Mississippi as they occur.
Registered Sex Offender Found on School Council Member Prompts New Legislation in Kentucky
Kentucky schools are now requiring all school council members to pass a background check after a Simpson County site-based council member was found to be a registered sex offender. The law does not apply to teachers on the council because they are already subject to background checks, parents however can be removed if the background check reveals a sex-crime record, a violent offender record or if the individual has committed a criminal offense against a minor. Click here to read the full story.
Can Background Checks Go Too Far?
California courts rejected extensive checks on scientists and engineers at the Jet Propulsion Laboratory. A class action lawsuit was filed in 2007 against the Homeland Security Directive 12 issued under the Bush administration in 2004 when Jet Propulsion Laboratory employees were informed that they would be subject to extensive background checks that also included interviews with friends, co-workers, neighbors or anyone else deemed important. Questions asked included questions related to health history and sexual orientation. American DataBank does not recommend using information that is not relevant to the position such as health information, religious information, sexual orientation or any other information not relevant to the position for which the candidate is being considered. Use caution when searching for applicant information on public networking sites such as Facebook, Myspace, Linkedin, etc. Click here to read the full story.
Loose Enforcement of E-Verify System in Minnesota
A state audit reveals that 18 months after Governor Tim Pawlenty ordered state agencies and contractors to verify workers' immigration status that his own office has yet to implement the program. Additionally none of Minnesota's state agencies have used the E-Verify system to determine immigration status of the 7000 workers hired last year. Meanwhile about 43 percent of the 1400 private businesses that are required to use the E-Verify system are actually using the system. American DataBank can prepare your company to pass an E-Verify audit by organizing your compliance with E-Verify.
Click here to read the full story. |
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April 2009 / News and Updates
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Importance of Employment Verifications and Reference Checks
Three Human Resource employees including the Senior Account Clerk were asked to leave their posts from the Metro school system in Nashville TN. The Metro school system hired a man who was wanted on sex charges from Hamilton County. Ronald Boykin was hired by the Metro school system but was wanted on accusations of raping two boys from Donelson Middle School. The Tennessee Bureau of Investigation has no record for Ronald Boykin because he has not yet been arrested or convicted of an offense in the State of Tennessee and three background checks did not detect the warrants. Ronald Boykin stated that he had left a job while suspended without pay during an investigation for misconduct. Unfortunately because Metro School System did not verify Boykin's last employer, the details of his suspension were never found.
Conducting employment verifications and reference checks can be a tedious task, however, these verifications can supply you with important decision-making information, which can help protect your organization. You can complete your employment verifications and reference checks by yourself without paying any fees or American DataBank can help you save time by completing employment verifications and reference checks. Click here to read more.
Failing to Conduct a Background Check May Violate State and Federal Laws
In Dover, Delaware Eagle Taxi and Limousine of Rockaway Township were issued several violations including failing to complete a proper background check. A convicted felon is prohibited by state law from operating a limousine and Eagle had previously been cited for violations including a driver convicted of sexual assault. |
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February 2009 / News and Updates
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Where Has My Applicant Lived?
Benefits of Conducting an SSN Trace
An East Valley Health Care worker had a lengthy criminal history, but she managed to get a job at Scottsdale Healthcare Shea. Sylvia Cubit who uses an alias of Sylvia Williamson was arrested after a patient said a credit card and checks were taken from her purse. Sylvia Cubit is currently on interstate probation for a 2008 felony welfare fraud conviction in California. A Scottsdale Healthcare spokesman indicated that the hospital does background checks on new employees but was not sure whether out of state record checks are included. American DataBank's Social Security Number trace can help determine where the applicant has lived (residential history) and if they have used any names (alias history) such as an the alias name used by Sylvia Cubit. This helps answer the question "Where should I be conducting court record searches and what names have been used by my applicant?" The results of the SSN trace are primarily based on credit headers from credit bureaus and other public sources of information. Credit headers include the addresses from any credit accounts that have been opened, credit accounts that have been applied for, layaway accounts, car loans, mortgages and other information reported to all three credit reporting agencies indicating that the address has been used by the individual. Other public sources of information include telephone accounts, public utility accounts, motor vehicle registrations and voter registrations from all 50 states. The results are returned instantly and our system is designed to allow you to order the SSN trace first (pre-screening process), view those results and then proceed to order your criminal record searches. We refer to this as the pre-screening process because the SSN trace results can indicate an incorrect SSN provided by the applicant and the address history can be compared to the employment history on a resume for discrepancies. If there are major discrepancies you may want to halt the process until an explanation can be provided by the applicant. Please contact us for additional information and click here to read the whole story.
Would You Pass an Audit?
An audit by the State Comptroller was conducted for the Department of Education in the State of New York and found that at least 157 of the 469 applicants being checked had been hired before their background checks were completed and that 30 of the 157 had some kind of criminal history. A Buffalo City School District employee worked for eight months with a gross sexual imposition conviction. Please note that American DataBank archives all reports indefinitely allowing you to determine if and when a background check was completed on your applicant. Our latest web-based software application allows you to properly track and monitor the progress of all applicants in progress and to view results as they are available. Please contact us to have a report provided from our archives. Click here to read the whole story.
Delays Were Part of the Problem
The Department of Education in the State of New York experienced severe delays in getting their background check results. American DataBank provides results quickly and most results are returned within 24-48 hours. American DataBank can also help with your fingerprint based background checks. Most results from fingerprint based background checks are returned within 2-6 weeks, contact us for additional information. Click here to read the whole story.
Hiring Temporary Employees?
Make Sure to Complete a Background Check
If you are hiring temporary employees make sure that you conduct a background check or that the staffing agency you are utilizing conducted a background check. Los Angeles Hospital officials had a convicted rapist working with vulnerable patients and were not sure how many temporary employees had a background check completed. Click here to read more. |
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January 2010 / News and Updates
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New York Changes in Legislation and Requirements for Employers
The State of New York recently enacted legislation effective February 1st 2009 that impacts all New York companies utilizing criminal background check information on job applicants and employees from third-party background screening companies. New York companies must now provide applicants and employees subject to criminal background checks with a copy of Article 23-A of the corrections law. Please click here for a copy of the corrections law.
Article 23-A factors that employers should consider before making an employment decision including:
- The bearing of the criminal offense on the individual's fitness for duty.
- The time that has elapsed since the occurrence of the crime.
- The age of the person at the time of the offense.
- The seriousness of the offense.
- Any information produced by the person, or produced on their behalf in regard to his rehabilitation and good conduct.
- The public policy of the State of New York to encourage the employment of persons with prior criminal convictions.
- The legitimate interest of the employer in protecting property, and the safety and welfare of specific individuals or the general public.
- A copy of Article 23-A should be provided to the individual by the company before it requests a criminal history report and when the company receives a criminal record on that individual. Additional New York employers must post a copy of Article 23-A in a workplace location accessible by employees. Please visit www.dhr.state.ny.us to obtain posters which should be available free of charge. Also you may contact American DataBank if you have any questions or need assistance.
I-9 Compliance Update "E-Verify Postponed"
Legislation was passed that would require federal contractors and subcontractors to use the E-Verify system to verify all of their employees' eligibility to work in the United States. The original requirement to use E-Verify was on all new contracts issued after January 15, 2009. A lawsuit was filed on December 23rd 2008 involving the U.S. Chamber of Commerce, The Associated Builders and Contractors Inc., The Society for Human Resource Management (SHRM), The HR Policy Association, and The American Council on International Personnel in the U.S. District Court of Maryland are challenging the rule. As a result of the lawsuit the government has agreed to suspend implementation of the regulation until February 20, 2009.
New Requirements for Pharmacy Technicians in Ohio
Pharmacy technicians in Ohio who prepare drugs and prescriptions must go through a background check and pass a proficiency test to continue to work in that position. The law goes into effect in 90 days and all pharmacy techs hired from this point forward must have at least a high school diploma or high school equivalent. American DataBank can help with the background check and we can also verify education including high school diplomas and GEDs. Please contact us for additional information. |
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