|
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
||||||||||||||||||||||
|
||||
|
|
||||
|
|
Pre-employment background investigations are normally completed within a 24 hour period. All methods of investigation are done according to the California Business and Professions Code as set forth in the Private Investigator's Act, Division 3, Chapter 11.3 as well with the Fair Credit Reporting Act. Various methods of research and specific areas of inquiries are available. Feel free in contacting us at anytime to review our investigative background options. ____________________________________________________________________________________ INVESTIGATIVE SEARCHES Social Security Trace The Social Security Trace is a search of national credit bureau "header files," using the subject's social security number. A header file is the top section of the credit bureau file, containing name and address information and sometimes employment information but no information about creditworthiness. The header file was, until recently, considered public information; the new Graham, Leach Act has changed that. It is now necessary to have a "permissible purpose" under the Fair Credit Reporting Act to access credit bureau header information. Thus under the new federal law, the Social Security Trace is regulated; it is now a restricted search under the Federal Credit Reporting Act. (Note, that in addition, in California, state law requires that a notification footer be entered on the subject's credit report each time a Social Security Trace is run.) County Courthouse Records Search The majority of all criminal record searching is done at the county level. Pursuant to state statutes, criminal offenses and records located at both the county and state levels are categorized as either felonies or misdemeanors based on the severity of the offense. The search locations are selected based on information provided within the social security number report, information in the employment application, or designated by the client. National Criminal Docket File The National Criminal Docket File is an inclusive search of multiple criminal record sources, including federal fugitive files, state and county criminal record repositories, prison parole and release files, sex offender data and records from other state agencies. ____________________________________________________________________________________ Sexual Offender Searches Normally referred to as “Megan’s Law”, Sexual Offender Searches are available in all 50 states from specific state agencies. Individual State Sexual Offender searches provide information on sexual offenders who are required to register in the state in which they reside. Information returned from these inquires may include: name, aliases, dates of birth, residential addresses, employers, location of conviction, and specific sexual offense. California and most other states provide a photo of the registrant. Federal Criminal Search Federal crimes are adjudicated in U.S. Federal District Courts within each state. This search will return convictions for federal criminal convictions within the Federal Courts. These types of criminal dockets usually are related to federal fraud, drug trafficking, conspiracy, counterfeiting and a number of violent interstate crimes. Statewide Criminal Search This search is designed to return recorded criminal records within in a specified state, based on the applicant’s name. There are numerous counties within various states that do not participate in an automated system. In this event direct contact must be made to the specific county. Motor Vehicle Record Search A Motor Vehicle Record Search provides information on the applicant’s driving record report from the specified state's department of motor vehicles. Our office maintains an open account with the California Department of Motor Vehicles and has immediate online access. All motor vehicle records obtained through Southwest are completely deciphered and are reported in a readable format that defines the various state codes. ____________________________________________________________________________________ Patriot Act—OFAC Search The OFAC database is maintained by the Department of Treasury and identifies individuals and organizations which have been sanctioned and whose assets are subject to freezing. The purpose of this database is to prevent businesses from providing financial support to terrorist and drug trafficking foreign nationals and organizations. I-9 Verification Confirmation of the I-9 Form employment eligibility verifications are conducted via telephone directly to the Social Security Administration. Immediate confirmation is obtained with the SSA Agent of the applicant by their gender, date of birth and Social Security Number. Employment eligibility verifications can also be conducted electronically through a direct link to the Department of Homeland Security and the Social Security Administration. Southwest is a Designated Agent of the Department of Homeland Security (DHS) and Social Security Administration (SSA) for Form I-9 employment verifications. Civil Court Docket A complete civil search for restraining orders, general civil cases (in regard to contracts, personal injury or damage to property). Family cases are also included in regard to divorce, child custody and child support. Landlord tennant cases are included in our civil searches. These specific cases pertain to unlawful detainers. Small claims cases are also reviewed as well as probate cases. Credit History Southwest does not provide any type of Consumer Credit Reports on applicants for pre-employment investigations. Due to the sensitivity of credit information and the high risk of identity theft, Southwest recommends to all of our clients to obtain a credit report directly from the applicant. All three major credit reporting agencies will provide a current credit report to the individual on a “no cost” basis. 11 U.S.C. §525 of the federal Bankruptcy Act specifically prohibits discrimination of an applicant based solely on the individual having filed for bankruptcy. An employer must be prepared to explain the job-related reasons why an applicant’s credit history renders the applicant unsuitable for a particular position. Additionally, the employer is tasked with creating defendable criteria for what is unacceptable and acceptable credit, a very subjective endeavor. |
|
||