Frequently Asked Questions
Why use Employment Screening?
Employment screening provides due diligence by eliminating uncertainties in the hiring process. For instance, Education Verifications help determine an applicant's qualifications while Social Security Traces and Criminal Court Histories can play an integral part in a negligent hiring lawsuit. An applicant's credit history can reflect the individual’s degree of fiscal responsibility.
What is negligent hiring and retention?
Negligent hiring normally refers to an employer's obligation not to hire an applicant that they knew or should have known was likely to undertake improper or dangerous conduct against other individuals, or otherwise subject employees or third parties to actions which can create legal liability.
How does employment screening reduce negligent hiring lawsuits?
By screening perspective employees, an employer can ascertain whether the applicant is suitable for the position in question - and whether or not the individual will be a reliable and productive addition to your workforce.
How can negligent hiring and retention affect me?
Negligent Hiring and Retention lawsuits have found employers responsible for their employees’ actions, and employers can even be found liable for criminal actions that arise when the employee is not working. Negligent hiring and retention lawsuits have cost companies many millions of dollars in damages and have often led to bankruptcy proceedings.
What does a 'background check' check?
Background checks may include the results of multiple background screens and information verification. Checks can include a search of criminal courthouses at the county and federal level, sex offender registry searches, verification of employment history and educational credentials and even specialized searches such as driving records, abuse registries or sanctions databases.
What do they test for in an Extended Drug Test (10, 11, 12 Panels)?
Extended testing might also screen for some or all of the following, but basic testing is the most common.
- Barbiturates (phenobarbital, butalbital, secobarbital)
- Benzodiazepines (tranquilizers like Valium, Librium, Xanax)
- Ethanol (ethyl alcohol, booze)
- Hallucinogens (LSD, mushrooms, mescaline, peyote)
- Inhalants (paint, glue, hair spray)
- Anabolic Steroids (synthesized, muscle-building hormones)
Can a Consumer Reporting Agency give advice or notify the employer on the legal issues?
The FCRA prohibits a Consumer Reporting Agency (CRA) from advising or influencing an employer’s hiring decisions. CRAs can only provide their clients with the facts about the applicant’s history, and most will have written disclaimers explaining that they cannot advise or influence their clients to hire or fire an individual. A CRA is strictly prohibited from answering general legal questions or advising employers on which grounds they might reject a candidate. Should legal questions arise during the hiring process, it is always best to consult an attorney.
What is your average turnaround time?
About 90% of county criminal record searches are returned to the client within 2 business days. Turnaround for the remaining 10% of searches varies between 72 hours to several weeks. Factors influencing turnaround include the State where we are searching, how many jurisdictions are involved, and if a record must be retrieved from statewide archives.
Are your services completely confidential?
Yes. We do not sell, trade or, otherwise transfer the personal information that visitors provide during the registration and order process anywhere outside the company.
Can you reject someone based solely on the fact that they have applied for bankruptcy or have been bankrupt in the past?
Credit Reporting Agencies cannot give advice on legal issues; in this situation it is best to consult an attorney. (See Above)
Do I need a signed authorization form?
Yes. Please download the form here.
What is Due Diligence?
Due Diligence enables a company or individual to take preventative action with regard to business decisions such as hiring, acquisitions, investments and customer relationships. In terms of pre-employment screening, a company may, within the FCRA guidelines, research a prospective employee's background before committing to a hiring choice.
What is the process of a background check?
The background check process can be very complex, but American DataBank helps make it simple for our clients. We provide all the necessary compliance forms and make it easy to submit a request, receive completed results and reach us to get answer to questions.
Who does background checks?
Background checks - including drug screening – are recommended for all employers as a way to promote workplace safety and to protect clients and the general public. In addition, schools, churches and youth organizations may conduct background checks on volunteers to protect children and other vulnerable populations.
Do I need to fax the authorization my applicant signed to American DataBank?
Generally speaking, no. The Fair Credit Reporting Act requires that an applicant must express written permission for you to access any of their information, and it is necessary that you keep this signed document for review. Occasionally, we may request copies of the signed authorization forms for audit purposes.
What do they test for in a Standard 5 Panel Drug Test?
Basic testing typically screens for the following, commonly-abused drugs.
- Amphetamines (speed, meth, crank, ecstasy)
- Cannabinoids (marijuana, hash)
- Cocaine (coke, crack)
- Opiates (heroin, morphine, opium, codeine)
- Phencyclidine (PCP)
Can you reject an applicant based solely on their credit report?
While there is no set law dictating that an employer cannot reject an applicant based on their credit reports, it is best that your company contact a labor attorney to clarify the legalities of this issue.
How long until my account is active?
The first step is to complete a service agreement. Once a service agreement has been completed, there may be additional steps but your account will be active in 24-72 hours.
How can I start making requests and checking results on the internet site?
As soon as your account has been approved and you have received a user ID and password you can login anytime to submit requests.
Why should I search for county criminal records if I can search the state criminal records repository?
Unfortunately, the state repositories are databases that rely upon the dependability and completeness of the various agencies that report information to the repository. It has been our experience that the information is less complete than the actual court records.
Can I receive my reports by e-mail?
Yes, we can email the results to you.
Forms & Documents
Employment Screening Forms
Download any of the following forms to sign up for an account, order services, set-up billing information and more.
Sample documents should NOT be construed as legal advice. Employers should consult their own attorney about their compliance responsibilities under the FCRA and applicable state law. ADB expressly disclaims any warranties or responsibility arising out of information provided in these forms.
1. California Credit Report Release Form
Credit reports for California require a separate Release Form. Download PDF Version
2. Disclosure & Authorization Form
FCRA compliant form. ALL Applicants must sign this form before processing a background check. Download PDF Version
3. New York Article 23-A
To be provided to NY applicants / employees. Download PDF Version
4. Pre-Adverse Action Letter
FCRA compliant form. Download PDF Version
5. Adverse Action Notification
FCRA compliant form. Download PDF Version
6. Adverse Action Notification (Employment)
FCRA compliant form. Download PDF Version
7. Adverse Action Notification (Non-Employment)
FCRA compliant form. Download PDF Version
8. EVS Terms and Conditions
Equifax required form. Employment Verification Services (EVS) Terms and Conditions must be signed by all users of Equifax services. Download PDF Version
International Criminal Screening Forms
Download any of the following forms to have Criminal Searches performed in the listed countries below.
1. International General Release Form Download PDF Version
2. Australian National Police Check Application Form Download PDF Version
3. Bermuda Criminal Release Form Download PDF Version
4. China Screening Form for PRC Citizens Download PDF Version
5. Denmark Criminal Release Form Download PDF Version
6. France Criminal Release Form Download PDF Version
7. New Zealand Criminal Release Form Download PDF Version
8. Phillippines Criminal Release Form Download PDF Version
9. Quatar Criminal Release Form Download PDF Version
10. Scotland Criminal Release Form Download PDF Version
11. Swedish Criminal Release Form Download PDF Version
12. United Kingdom Criminal Release Form Download PDF Version
Helpful Web Resources
The following website links provide information relating to legal policies and legislation that may be helpful in your hiring and retention decisions. American Databank (ADB) is providing these Internet links as a courtesy to our customers and other users of the web. These websites are not affiliated with ADB, nor does ADB take responsibility for the accuracy, availability or content of these external sites.
- National Association of Professional Background Screeners – www.napbs.com
Founded in 2003 as a non-profit trade association, NAPBS® serves to represent the interest of companies offering tenant, employment and background screening.
- Better Business Bureau – www.bbb.org
An ethical marketplace where buyers and sellers can trust each other. BBB's mission is to be the leader in advancing marketplace trust.
- U.S. Department of Health & Human Services – Health Resources & Services Administration – www.hrsa.gov
The Health Resources and Services Administration (HRSA), an agency of the U.S. Department of Health and Human Services, is the primary Federal agency for improving access to health care services for people who are uninsured, isolated or medically vulnerable.
- American Association of Colleges of Nursing – www.aacn.nche.edu
The American Association of Colleges of Nursing (AACN) is the national voice for baccalaureate and graduate nursing education.
- National Practitioner Healthcare Integrity & Protection Data Bank –
The Data Bank, consisting of the National Practitioner Data Bank (NPDB) and the Healthcare Integrity and Protection Data Bank (HIPDB), is a confidential information clearinghouse created by Congress to improve health care quality, protect the public, and reduce health care fraud and abuse in the U.S.
- Substance Abuse Program Administrators Association – www.sapaa.com
The Substance Abuse Program Administrators Association mission is to establish, promote, and communicate the highest standards of quality, integrity, and professionalism in the administration of workplace substance abuse prevention programs through education, training and the exchange of ideas.
- American Health Care Association – www.ahcancal.org
The American Health Care Association is a non-profit federation of affiliate state health organizations, together representing more than 11,000 non-profit and for-profit nursing facility, assisted living, developmentally-disabled, and subacute care providers that care for approximately one million elderly and disabled individuals each day.
- National League of Nursing – www.nln.org
Dedicated to excellence in nursing education, the National League for Nursing is the preferred membership organization for nurse faculty and leaders in nursing education.
- Substance Abuse & Mental Health Services Administration – www.samhsa.gov
The Substance Abuse and Mental Health Services Administration's (SAMHSA) mission is to reduce the impact of substance abuse and mental illness on America's communities.
- Drug & Alcohol Testing Industry Association – www.datia.org
The Drug & Alcohol Testing Industry Association's (DATIA) mission and purpose is to promote the highest possible standards of professionalism and quality control in the drug and alcohol testing industry, and develop and oversee education, certification, and accreditation programs for the drug and alcohol testing industry.
Human Resource Management
- Society for Human Resource Management – www.shrm.org
The Society for Human Resource Management (SHRM) is the world's largest association devoted to human resource management. Representing more than 250,000 members in over 140 countries, the Society serves the needs of HR professionals and advances the interests of the HR profession.
- Workforce – www.workforce.com
Crain Communications Inc. is a privately held company focused on providing management information and marketing services to human resources (HR) professionals.
- World at Work – www.worldatwork.org
WorldatWork is a not-for-profit organization providing education, conferences and research focused on global human resources issues including compensation, benefits, work-life and integrated total rewards to attract, motivate and retain a talented workforce.
- Human Resource Executive Online – www.hreonline.com/HRE
Human Resource Executive Online is produced by the leading independent magazine for HR executives
- Employee Benefit News – www.benefitnews.com
The Benefits Group of SourceMedia provides up to the minute news and information for HR and Benefits decision-makers as well as brokers, advisers and consultants.
- Human Capital Magazine – www.humancapitalonline.com
Human Capital, launched in June 1997, has created a niche for itself as India's first and only exclusive monthly magazine on HR. The magazine has spearheaded a change in the HR industry by introducing for the first time, the concept of an HR business magazine, that provides local and global perspectives, as well as information on HR vendors, products and services.