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Know Your Customers & Crew
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KYC Solutions provides a wide range of background investigation services to accommodate the risk tolerance and budgets of our clients. We know that an employer will not want to and should not conduct an all-out investigation of every member in their organization. Such a policy could run afoul of the law, would be costly, and would slow the onboarding process unnecessarily.
Organizations are nothing if not the sum of their people. Machines and facilities are but tools that facilitate the tasks of its workforce. On the other hand, it is the people with access to the organization’s assets, or with the capability to inflict intentional or accidental harm, that pose the greatest risk to an organization. The selection and retention of good people is where an organization’s well-being lies, and background investigations are the best way to promote an organization’s safety and security.
An organization best manages its human resources with a program of objective policies. Clear, consistent, predictable practices are the most defensible in court. Background investigations are among the most important activities in this regard.
To that end, we offer background investigation services that are both “packaged” at two, three or more levels of complexity to match specific types of subjects, or that can be deployed a la cart when particular circumstances require a customized investigation, or when a package can benefit from an add-on or two. The table below summarizes these services:
RECORD NAME
DESCRIPTION
TIME
County Criminal Court Records
Felony & Misdemeanor records obtained directly from county seat courts. All searches are initiated fresh; these are not database searches.
1 – 3 Days
State Repository Search (a.k.a. “Statewide” searches)
Multi-jurisdictional repository maintained by the state. All records found are confirmed at the county level. May not contain all records; dependent on county participation.
1 – 3 Days
Federal Criminal Court Records
Felony & Misdemeanor records obtained directly from federal courts. All searches are initiated fresh; these are not database searches.
1 – 2 Days
National Criminal Database Search
Multi-state database compiled by data from third parties. Sources are courts, state repositories, correctional records, etc. This search should only be used as a supplemental search to other more thorough search of one or more specific jurisdictions.
4 Hours or less
Civil Court Records
These records concern: employer-employee conflicts, property, personal rights, personal injuries, liability suits, contract disputes, landlord-tenant conflicts, etc.
1 – 3 Days
Sex Offender Registry Search
Using state and national repositories, we search for known sexual offenders. Level of information is based on the state from which the information is retrieved.
1 Day
Homeland Security Search
This product is a search of OFAC and 45 national and international terrorist and fugitive lists.
4 Hours or less
National Wants & Warrants
Searches for outstanding extraditable warrants in any state. Provides originating agency; no other details available.
1 Day
SSN Trace
Need help identifying what counties to search for criminal history? This report will help identify past addresses and often reveals ones they hope you never find.
Instant
Driving Records
An employee runs an errand for his boss and has an injury accident. You didn’t bother to check his driving history – and he has multiple citations. Guess who’s liable? Three-year history is typical; some states supply more.
1 Day
Employment Credit Reports
Provides a sense of an individual's fiscal responsibility, especially if the individual is going to have access to cash or negotiables, expensive equipment, the homes of people you serve, or other trusted environments.
Instant
Employment Verifications & Personal Reference Information
Don't fall into the trap of thinking references are worthless. Even if you only get dates and title, this can reveal when an applicant has lied about or stretched their work history. Personal References are often the only source of information when an applicant claims self- employment.
1 – 3 Days
Education Verifications & Credentials and Licenses
Studies reveal that education is the most distorted and exaggerated item on a resume or application. And, if distorted, this reveals something about the character of the applicant.
1 – 3 Days
Federal Sanctions and Exclusions
Checks the GSA’s Excluded Parties List System (EPLS) and the OIG’s List of Excluded Individuals/Entities (LEIE) for excluded or sanctioned individuals.
4 Hours or less
Healthcare Sanctions
Checks GSA, OIG, DEA, FDA & 800+ other federal and state lists for sanctioned individuals.
4 Hours or less
Financial Enforcement Actions
This search identifies individuals and institutions that have been the subject of banking enforcement actions, orders or penalties.
1 Day
Worker’s Compensation
Once a conditional job offer has been made, this search can be used to verify information and helps in assigning appropriate work or physical labor tasks.
1 – 10 Days
Electronic I-9 Form & E-Verify
Complete and archive I-9 forms online; avoid costly I-9 audits.
Instant
Employment Eligibility Verification (E-Verify)
Verify employment eligibility with DHS & SSA for newly hired employees.
Instant
International Searches
Criminal, civil, employment verification, education confirmation across the globe.
Up to 8 wks
TenantSCREEN
Instant product that screens potential tenants against a national criminal and sex offender database.
Instant
EvictionCHECK
Instant product that screens potential tenants against a national evictions database.
Instant
Tenant Credit Reports
Similar to employment report, but also includes FICO score. From TransUnion bureau.
Instant
Tenant Reference Checks - Landlord & Employment
Verifies rental history, salary, chance for continued employment.
1 – 3 Days
VolunteerSCREEN
Screens volunteers against a national criminal & sex offender database.
Instant
Drug Testing Programs
Urinalysis, Hair & Breath; DOT & Non-DOT testing available. All confirmed positives will take an additional 24 hours.
24 Hours
Fingerprinting for Sponsors
Live Scan Level 2 fingerprint-based record checks for sponsors through the FDLE.
3 Days
Fingerprinting for A Personal FBI Record
Live Scan Fingerprint-based FBI record check for personal review and use.Fingerprinting for A Personal FBI Record
3 Days
The foregoing table is what most users need for reference once they are familiar with what the searches yield. New users, however, may want to read the full descriptions of these screening services provided in the rest of this section.
Usually there is one upper level (felony) and one lower level (misdemeanor) court at a county seat. In some cases, however, the jurisdiction may have multiple lower level courts, as well as multiple city courts (municipal, etc.) with misdemeanor records spread out among them. Some courts have up to 25 of these courts, making it cost- and time-prohibitive to search them all. In those cases, KYC Solutions only searches the lower level court at the county seat location (in addition to the upper level court). We can search additional courts by client request only.
The default scope of a search is seven years back from the date of a client’s request. Search results returned include information regarded as “readily available” by the researcher conducting the search, and often will likely exceed the minimum scope of the search, or it may from time to time include non-criminal offense information. We guarantee a minimum of seven years of review, but you will often get more when the findings are convictions.
General information. Searching the counties of residence or employment are obvious choices; but it may be prudent to search additional adjacent counties. There is always a possibility that crimes have been committed in a county other than that of residence or place of work. Also, some cities straddle two or more counties, requiring a thorough search to include records in both counties.
Record contents. The rules vary widely from jurisdiction to jurisdiction regarding record contents. Each state has a unique court system; some are radically different in organization. There seems to be no standard for recording plaintiff, claimant, and conviction information. Often, only a name and physical description are available. Social security numbers are not normally found in court records.
The records furnished are designed only to establish the existence of the records. A screening service does not normally provide transcripts or full records. Typically, our reports are limited to the court location, date of the offense or filing, description of the offense, disposition, and case or file number.
An organization best manages its human resources with a program of objective policies. Clear, consistent, predictable practices are the most defensible in court. Background investigations are among the most important activities in this regard.
There are some 3,200 counties in the United States that can be searched for felony and misdemeanor convictions. Be aware that some states restrict the use of certain types of information, especially misdemeanor and non-conviction records. Also, it is not unusual to have records sealed, or reduced down to a lesser crime. The only limitations regarding access to county criminal information have to do with turnaround time. Does the county use computers? Are the records searched by a clerk only? Are they staffed with sufficient personnel? Are the records kept on-site?
Most states maintain a repository of criminal case information from most or all counties in the state. A handful of states either do not have a statewide repository of criminal data or have statutes or policies restricting access to that information by non-law enforcement entities.
State repositories are not comprehensive; in most cases they do not contain all records from all courts in each county. This repository is dependent upon participation from the individual counties. Some counties do not participate at all; for those that do, they may not contribute all their records. Also, some statewide searches present felony convictions only, thus eliminating a potentially significant share of an individual’s criminal history. In addition, in most cases, pending cases are not found in a statewide search. Although a substantial number of states do offer statewide searches, it has been our experience that most are not viable resources due to limited level of information, speed of return, completeness, and county participation.
Some clients find it beneficial to use statewide information (when available) before looking for more detail at the county level. However, most clients prefer to use a county-level as the turnaround time is often considerably shorter and reports are more detailed.
We do not endorse the use of, nor in any way guarantee the accuracy, availability, or thoroughness of information provided in a statewide repository search conducted through any state sponsored agency. Statewide repository searches are available for those clients that wish to take advantage of this broad-based source of information, but with the caveat that this office has no control over scope, content or quality of information returned from these agencies.
Federal courts are established under the U.S. Constitution to decide disputes involving the constitution and laws passed by Congress. Federal criminal court records are searched by federal district, as opposed to by county. Federal district courts are found in all 50 states and DC. States may have anywhere from one to four federal districts. These courts contain records of federal level crimes, such as bank robbery, wire fraud, mail fraud, and drug trafficking, to name a few.
In addition to searching the Federal U.S. District Court, KYC Solutions also searches Federal incarceration records at no charge. This search will identify any individual who has been incarcerated in a Federal facility for a Federal crime at any time since 1982. An added benefit to the incarceration search is that it is nationwide in scope; you do not need to know in which U.S. District Court the charge originated.
The types of cases rely heavily on fingerprint identification. In most cases, we can search these records by name only. Any further identification must be verified by fingerprints.
Many agencies and jurisdictions sell their criminal and correctional records in bulk format to third parties. These companies then aggregate the data into one large database that can be searched by name. This is not a true ‘nationwide’ or comprehensive national search, rather it is considered multi-jurisdictional. This product is similar to the state repository search in that it is completely dependent on participation from the originating source. Originating sources may include: county court records, state repository records, or state correctional records. In some states, only correctional records may be included, which means that unless your subject has spent time in prison, you will not find any records that may exist. According to an MSNBC statistic, national criminal history databases have a 41% error rate.
We do, however, advocate this search as a supplemental, safety-net search. When used in conjunction with a county level criminal search, it can be a very useful tool for uncovering crimes committees beyond counties or states of residence – or crimes that the applicant is trying to hide.
“According to an MSNBC statistic, national criminal history databases have a 41% error rate.”
We do not endorse the use of, nor in any way guarantee the accuracy, availability, or thoroughness of information provided in a national criminal database search. This search is available for those clients that wish to take advantage of this broad-based source of information, but with the caveat that this office has no control over scope, content or quality of information returned.
The revised Fair Credit Reporting Act allows employers to access criminal conviction information older than 7 years, where available by state law. This is an extension from the previous FCRA. The turn-around time may be extended, and extra fees are required in most cases.
Generally speaking, federal crimes are those that violate the national security (terrorism, espionage, etc.), defraud United States Government programs, or those that interfere with interstate or international commerce. And state crimes generally are those against people or property.
The point to remember on the last bullet below is that crimes like drug trafficking or transporting stolen property may be a federal crime when the activity crosses state lines in some manner. Things may be moved physically across state lines, or conspirators in different states may communicate by mail or telephone, internet or similar means (like wire) to further their crimes.
Given this broadly stated distinction, the following tables will give good examples of crimes may be expected to be found in county, state or federal jurisdictions.
State crimes are violations of state and local statutes or ordinances. They are prosecuted in either Municipal or Superior Courts in the county in which the charges are filed, by either City Attorneys or District Attorneys. Typical examples of state crimes include the following:
Our county criminal records searches and our state repository searches are both based on state level criminal records. Our recommendation is to check by county, but you may also want to add the “statewide repository search” as a supplement. To search by county, we suggest you order any counties where your applicant has lived, worked or attended school for the last seven to ten years.
Federal crimes are crimes defined by or mentioned in the U.S. Constitution or those defined and/or punished by federal statute. Such crimes include treason against the United States, piracy, counterfeiting, crimes against the law of nations, and crimes relating to the federal government’s authority to regulate interstate commerce. Other typical examples of federal crimes include:
Federal criminal records searches are based on records held by federal jurisdictions, known as districts. To search a federal district, provide our online system a city/state or ZIP code, and you will be provided with the corresponding federal district. Again, if you decide to check federal criminal records, we suggest you order all districts where your applicant has lived, worked or attended school for the last seven to ten years.
Civil cases include disputes between private citizens, corporations, governmental bodies and other organizations. These records concern employer-employee conflicts, property, personal rights, personal injuries, liability suits, contract disputes, landlord-tenant conflicts, evictions, divorce and probate.
Federal civil searches include records that involve alleged violations of federal statutory or constitutional rights. Examples of federal civil cases include violations of civil rights, actions against the federal government, interstate commerce, anti-trust activity and violation of federal codes. Whether a federal court has jurisdiction over a civil case is a question of either diversity jurisdiction or federal question jurisdiction.
Diversity jurisdiction involves cases where the opposing parties are citizens of different states and the amount in controversy exceeds $75,000 exclusive of interests and costs. If any plaintiff shares a common citizenship with any defendant, then diversity is invalidated and federal jurisdiction does not apply.
Federal question jurisdiction are cases or controversies arising under the Constitution and laws of the United States.
Civil court records are used less often in the employment situation as they seldom fall within hiring guidelines and can lead to discrimination if not handled within strict company policies.
When searching court records, researchers typically search by name and then confirm by other identifiers. The date of birth (DOB) is most often used for confirmation, but other identifiers may also be used, such as SSN, driver’s license number or address.
Most court records do not have an SSN; therefore, the subject’s full legal name and DOB are extremely important. Misspelled names and nicknames could result in missed records. In addition, since most records are filed by name, it is common for cases to be under alternately or previously used names, such as maiden names.
Searches for records under all names used must be clearly indicated so on the Order Form or by providing the alias online. Please note that researchers and counties charge for each name searched, so a search for one current name and one maiden name would cost twice as much as only searching the current name.
As noted above, an applicant’s date of birth is a crucial piece of information that is typically necessary for the thorough search or review of court records. Since the Age Discrimination in Employment Act of 1967 (ADEA) does not specifically prohibit an employer from asking an applicant’s age or date of birth, our policy is to require a date of birth for all court search orders. If you are concerned about requesting this information on the release form, we will gladly arrange for your applicants to call us on a toll-free number to gather information about date of birth, sex, race, etc. Or, you are welcome to have that portion of the release completed by the applicant away from your office and faxed directly to us. Make sure you keep the signed original for your records and give the applicant a copy, to be completed later. In addition, we can also suppress the date of birth and/or SSN on all reports at a client’s request.
To maintain compliance with the FCRA, any possible records found in a statewide or national criminal database search will always be confirmed at the county level at the client’s expense prior to being reported.
This is a search of state and nationwide repositories for known sexual offenders. Rules vary from state to state regarding the dissemination of this data. Information returned may include offense and disposition, as well as subject’s name, date of birth, social security number, address, race, sex, height, weight, hair and eye color, and alias(es). Be aware that some states do not disclose information on low risk offenders.
Identifies individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. Forty-five national and international terrorist and fugitive lists are searched, including the Office of Foreign Asset Control (OFAC) Specially Designated Nationals (SDN) list. In addition, this search also includes 7 sanction lists from the U.S. Bureau of International Security and Nonproliferation as well as 82 lists of individuals excluded from federal procurement, non-procurement and reciprocal programs.
The National Wants & Warrants Search is a nationwide search for outstanding, extraditable warrants in any state including misdemeanors and/or felonies. If a warrant is not extraditable, it may not show up in this search. This search provides originating source information only (agency name and phone number). Confirmation of any information is the client’s responsibility.
This search checks the General Services’ (GSA) Excluded Parties List System (EPLS) and the Department of Health and Human Services (HHS) Office of the Inspector General’s (OIG) List of Excluded Individuals/Entities (LEIE) for excluded or sanctioned individuals.
The EPLS includes information regarding entities or people who have been debarred, suspended, proposed for debarment, excluded or disqualified under the non-procurement common rule, or otherwise declared ineligible from receiving federal contracts, certain subcontracts, and certain federal assistance and benefits.
The LEIE includes information regarding individuals or entities excluded from participating in federally-funded health care programs. The HHS/OIG, under Congressional mandate, established a program to exclude individuals and entities affected by various legal authorities, contained in sections 1128 and 1156 of the Social Security Act, and maintains a list of all currently excluded parties. Bases for exclusion include convictions for program-related fraud and patient abuse, licensing board actions and default on Health Education Assistance Loans.
This product is an expansion of the coverage by the federal sanctions search and is designed for the specific needs of the healthcare industry. In addition to the HHS/OIG’s LEIE and the GSA’s EPLS, it adds searches of the U.S. Food and Drug Administration’s (FDA) exclusion lists and 800 other federal and state sources.
The HHS/OIG search identifies those individuals and entities currently excluded from receiving payment from Medicare, Medicaid and all federal health care programs. The GSA’s Excluded Party List contains information on those parties excluded throughout the U.S. Government from receiving federal contracts or certain subcontracts and from certain types of federal financial and non-financial assistance and benefits. The FDA sanctions list identifies all clinical investigators who have been disqualified or “totally restricted” by the FDA due to repeated or deliberate failure to comply with applicable regulatory requirements or when the clinical investigator has repeatedly or deliberately submitted false information to the sponsor or to the FDA.
This search identifies individuals and institutions that have been the subject of banking or financial enforcement actions, orders or penalties under the following agencies:
According to the courts, an employer is negligent when hiring drivers without checking driving records. If you send employees on errands, whether in company or private vehicles, you are legally exposed.
Reports in these records contain state driving information that go back at least three years, possibly up to seven years, depending on state policies. Some states make any infraction involving drugs or alcohol a permanent part of a driver’s record. Reports may contain physical description, license information, infractions, home address, and possibly previous driver’s license numbers. Some states no longer supply personal identification information due to restrictions.
If a DWI/DUI offense is the target information, it will usually appear in a criminal record, and not always on a driving record after 3 years.
The full name, date of birth (DOB), and driver’s license number are required by most states. Name and driver’s license number alone are adequate for a few states. Since the minimum data required is constantly changing, please include all three identifiers. Many states are very specific with this data. Any error in name, SSN or DOB will result in “Driver Not Found.” Please be very accurate and ensure legibility if faxing in orders.
If you are required to or are interested in running a driving record on all employees annually, you may provide us with a spreadsheet containing all necessary data and we can import that information directly into our system. With this service, clients can avoid having to input data online for each individual driver.
In return, clients will receive a spreadsheet with summarized information for each driver, as well as a PDF file containing the full driving record report for each employee.
This service does not require a newly signed release from each driver as long as a ‘blanket authorization’ was obtained during pre-employment screening or at some prior point in employment. (Please note that ‘blanket authorizations’ are not allowed in the state of California. The employee must sign a new release each time a driving record is procured.)
Some states require a special state authorization in order to procure a driving record on another individual. When you order a driving record from any of those states, we will notify you of the requirement and provide the form for your applicant to complete.
The Commercial Driver’s License Information System (CDLIS) allows employers and their agents to comply with FMCSA requirements by searching within the “Commercial Driver’s License Information System” for the subject’s current CDL and up to three prior licenses.
The contents of CDLIS reports are as follows:
Mandated by the Commercial Motor Vehicle Safety Act (CMVSA) of 1986, CDLIS supports the issuance of commercial driver licenses (CDLs) by the jurisdictions, and assists jurisdictions in meeting the goals of the basic tenet “that each driver, nationwide, have only one driver license and one record” through the cooperative exchange of commercial driver information between jurisdictions.
The Pre-Employment Screening Program (PSP) is a screening service which allows individual drivers, motor carriers and third-party administrators to access driving history information from the Federal Motor Carrier Safety Administration’s (FMCSA) database, as well as the Motor Carrier Management Information System (MCMIS).
The contents of these records are as follows:
The SSN Trace may not under any circumstances be used, in whole or in part, as a factor in determining a consumer’s eligibility for credit, insurance, employment, or for any other purpose which would qualify the service as a consumer report under the FCRA or by any authority having jurisdiction over the parties.
PSP records may be requested solely to conduct pre-screening of potential operators and only with the operator-applicant’s written consent.
A Social Security Number (SSN) Trace is used to identify names and addresses that are historically associated with a given Social Security Number. This search of public and private information sources provides a strong indication as to whether the name and date of birth provided by the applicant match the information in the files of credit bureaus, driver licensing bureaus, and commercial firms. It will also suggest previously used names or other aliases that should be researched. This search also provides a validation of the Social Security Number by verifying that it is a validly issued number along with the year and state of issue. This search is a crucial component of criminal history research as the address history is the roadmap used to select court jurisdictions that should be researched for criminal records.
Please note that the SSN Trace does not verify your applicant’s identity with the government, even though it uses the government issued SSN for the search.
Following are what SSN Traces typically show:
✓ If the social security number has been validly issued (only the Social Security Administration can confirm the number belongs to a given name).
✓ Year in which the SSN was issued (red flags should fly when a 21-year- old applies for a job using a 35-year-old SSN).
✓ In what state the SSN was issued.
✓ If the number belongs to someone deceased.
✓ Addresses where the applicant has lived or might be living now.
✓ Aliases, previous names, AKAs, misspelled names, changed identity.
✓ Dates of birth associated with that SSN.
✓ Spouse's name.
✓ Extraneous “junk data” that can be ignored.
Often applicants will fail to list all previous addresses hoping you will not find the history they are attempting to hide. The SSN Trace will often reveal cities and states they wish would remain buried along with their criminal records.
The Reported Dates listed on an SSN Trace is generated by the originating credit bureau and is derived from the dates an address is first and last reported by a subscribing financial institution. Be aware that these dates may not coincide with the actual dates of residence at that address.
Credit bureaus do not send an update each month verifying that a particular address is current. If more than one credit bureau reports the same address on different dates, the range displayed is usually the first date the address was reported and the last date the address was reported. If an address was reported to a bureau only once, the same date is displayed as the first date reported and the last date reported.
For many reasons, it is possible for a credit bureau to indicate more than one current address for an individual. This will result in more than one address with the same Last Date Reported. Of these addresses, the one with the most recent First Date Reported is the most likely current address. Also, many people have more than one current address.
Credit reports of any kind leave tracks. A record of your inquiry will appear on the applicant's credit report. The individual will be able to determine when, why, and by whom a credit report was ordered. However, it will denote it was for employment purposes only, and therefore will not be a factor in calculating credit- worthiness ratings.
The SSN Trace is an investigative starting point designed to assist in the identification of possible recent and historical name variations and addresses which may be associated with an individual based upon a given SSN. The SSN Trace gathers information from a multitude of proprietary data sources, using complex algorithms to attempt to make connections between numerous disparate data elements. Due to the nature of these data sources, reports may contain errors. Source data is sometimes entered or reported inaccurately and is not represented to be free from defect. SSN Trace aggregates and reports data but is not the ultimate source of the data, nor is it represented to be a comprehensive compilation.
The SSN trace is not a “consumer report” as defined by the FCRA.
With the consent of the SSN holder, the Social Security Administration administers the Consent Based SSN Verification (CBSV) system that can verify if the SSN holder’s name, date of birth, and SSN match Social Security Administration (SSA) records. CBSV returns a verification of “match” or “no match.” If records show that the SSN holder is deceased, CBSV returns a death indicator. CBSV does not verify an individual’s identity; it only matches provided identifiers to SSA records.
Employment credit reports describe an individual’s credit history. These reports differ from standard credit reports in that they are designed specifically for the employment environment. They will not include credit-worthiness ratings, and account numbers are disguised for security.
We have direct access to credit reports compiled by TransUnion. They are one of the three major credit reporting bureaus collecting information on Americans who are 18 or older.
Employers use credit reports for those situations where employees may have access to cash, equipment, or other people’s property. In these situations, an employer’s knowledge of the applicant’s credit history is prudent.
Note that some states have passed laws that severely restrict the use of credit reports in the hiring process. Employers must be aware of any applicable laws that pertain to credit reports.
All “end users” must be identified to the credit bureau and issued a subscriber number before credit reports can be ordered. KYC Solutions reserves the right to verify the existence and authenticity of any company requesting employment credit reports. This will include, but is not limited to, verification of bank and trade references as well as a physical inspection of the client’s premises. We will not sell or give credit information to detective agencies, private investigators, security services, or attorneys, except in the nature of their internal employment needs. KYC Solutions will not knowingly sell these reports for skip tracing, lending or other non-employment purposes. Specific End-User application forms, required by TransUnion, can be found on our website.
Credit information used for employment requires a written policy delineating unacceptable criteria. High potential exists for discrimination and arbitrary selection if such a policy is not used in the decision.
Here are some statistics where the rules are followed:
✓ 5% of the references are bogus; they never existed
✓ 20% are "stretched" to cover other unlisted periods
✓ 100% of the time we get dates of employment and job title...if it is a real employer
✓ 80% of the time we get salaries and reasons for leaving
✓ 60% of the time we get some additional questions answered
When submitting information for a Previous Employment Verification, review the application and résumé thoroughly. Keep in mind, résumés alone do not supply all the information needed, and are often “doctored” to meet your advertised needs. Many past employers will only verify information we can supply. Therefore, it is important that the information we receive is complete, up to date, and accurate.
There are other points to remember about verifications:
Remember, a verification is not an investigation. The more information you can supply, the more we can verify.
For customers ordering a service by facsimile, we will review the employment history on a completed application and/or résumé and attempt to retrieve a reference on all viable employers within a five-year history.
The following information is needed:
The following additional information is helpful:
Although a signed release is not always required it usually is, and employers are increasingly averse to providing any information without a release from their former employee. It is highly recommended that a signed release be uploaded or faxed to us to greatly enhance the likelihood of procuring the requested verification. When we offer to provide this release to former employers, cooperation improves and the turn-around time decreases.
The following lists show what employment data we seek from former employers:
Sometimes a reference check for specific industries or positions can require different or additional questions. We can develop additional screening questions. or you may provide us with a list of your preferred questions. If you are interested in this service, please contact our office directly.
KYC Solutions can also perform mandatory Department of Transportation drug and alcohol inquiries at a client’s request.
Many employers outsource their employment verifications to a third party. Any cost incurred by the mandatory use of these services in order to verify employment is passed along to the client.
All domestic verifications and references are processed in-house by KYC Solutions staff. Every effort is made to complete references as quickly as possible; however, we are at the mercy of the responding employer or reference. Contact is attempted daily via telephone, fax or, occasionally, by email. If a response is not received within five business days, the reference will be closed out. If we are able to obtain information after the reference is closed, we will update the order and resend it to the client.
“... as with any documentary “evidence” provided by an applicant, be alert for alterations or fabrications.”
The IRS’ Income Tax Return Verification mitigates fraud by matching the applicant directly to IRS information. This verification requires that the applicant authorize the inquiry through a signed “4506T Form” (Request for Transcript of Tax Return). This inquiry results a transcript of the individual’s personal and business income tax returns, and it is very useful in substantiating the applicant’s information related to employment, mortgage, lending, property management, tenant screenings and more. IRS results are returned in two business days or less.
IRS income verifications are particularly recommended for applicants who hold or will hold sensitive positions of trust or financial responsibility.
If an applicant’s work history includes service in a branch of the military, you should request that the applicant provide you with a copy of their DD-214, the Defense Department’s notice of separation or discharge. This military exit form lists dates of service, duties held, and type of discharge. It usually provides all the information you need to verify their military service. But, as with any documentary “evidence” provided by a candidate, be alert for alterations or fabrications.
Alternatively, we can send a request to the personnel records center in St. Louis, Missouri, but be aware that requests may take up to 6 weeks to be fulfilled.
Most applicants are eager to supply college or continuing education information. This information may be misrepresented to receive more favorable consideration. Look for words like “attended” or “completed course work,” which implies possession of a degree when, in fact, this may not be the case. Surveys indicate that 30% of all job applicants lie about degrees received, institutions attended or dates of attendance. Vocational training, certification and professional licenses are often misrepresented.
“... 30% of all job applicants lie about degrees received...”
Our default search product is the highest degree earned or last institution attended. However, we will gladly confirm all degrees earned and all institutions attended at a client’s request. High School Diploma verification is also available, as is GED completion. Academic transcripts, GPA, or grades are not typically available.
With the growing popularity of the Internet, it is becoming easier to obtain fraudulent degrees from online “diploma mills.” To guard against the proliferation of bogus accrediting agencies and fraudulent degrees and diplomas, the U.S. Department of Education and the Council for Higher Education Accreditation publishes a list of recognized accrediting agencies. If a college or university claims to be accredited by an agency not listed as recognized, further investigation is warranted.
“... it is becoming easier to obtain fraudulent degrees from online “diploma mills.” To guard against the proliferation of bogus accrediting agencies and fraudulent degrees and diplomas, the U.S. Department of Education and the Council for Higher Education Accreditation publishes a list of recognized accrediting agencies. If a college or university claims to be accredited by an agency not listed as recognized, further investigation is warranted.”
For each post-secondary education verification, KYC Solutions will also provide you with the school’s accreditation information at no extra charge. The requirements for ordering a degree verification are as follows:
As employers may outsource their verifications to a third party, so too may educational institutions. Any cost incurred by the mandatory use of these services in order to verify education or attendance is passed along to the client.
If the position requires an individual to have received specialized training, certification, or a professional license, we can confirm the information an applicant provides. Our credential or license verifications typically report the license type, the issuing authority and the dates of validity.
The following information is required for ordering verifications of credentials or licenses:
Workers Compensation records contain abbreviated information taken from state government documents, including first reports of injury, court contested claims, medical awards, lost time claims, compensable claims and privately contributed data. The amount of information available varies from state to state. Only the most recent seven years (or less as noted) are available.
Some states do not allow public access to Workers Compensation claim information. In that case, at your request, we can search civil court records for claim information. Therefore, the search will not contain information on claims filed, but only claims that reached the courts.
The contents of worker compensation records may vary from state to state but they generally include the following:
When any state’s specific Workers Compensation report is ordered, we also search at no additional cost through a pool of 8 million similar claims records proprietary records compiled from 40 states.
Workers Compensation reports are not available in all states. This may change as laws and guidelines are adjusted at the state level. Many states require a standard signed release for this search and some require special forms that must be obtained from the state. Several require notarization.
Workers Compensation information is considered to be health and disability related under the Americans with Disabilities Act (ADA). The ADA, as well as numerous state laws, seeks to protect job seekers from discrimination in hiring as a result of filing valid claims. The ADA also seeks to prevent the discrimination against workers who, although suffering from a disability, are nevertheless able to perform essential job functions as long as there are reasonable accommodations.
The bottom line is that an employer cannot request workers compensation records in accordance to a policy of not hiring anyone who has made a claim. It is discriminatory to penalize a person who has exercised a lawful right in a lawful way and filed a valid claim.
To comply with the ADA an employer may not inquire about an applicant’s medical condition or past workers compensation claims until a conditional job offer has been extended. A conditional job offer means that a person had been made an offer of employment, subject to certain conditions such as a job-related medical review.
“To comply with the ADA an employer may not inquire about an applicant’s medical condition or past workers compensation claims until a conditional job offer has been extended.... [Only then can] an employer ... pursue information ... related to whether the person can perform the essential job functions with, or without, reasonable accommodation.”
Once a job offer has been made, an employer may pursue information about health or disability if such inquiry is related to whether the person can perform the essential job functions with, or without, reasonable accommodation.
This information should be asked for on a separate health and disability questionnaire. If an applicant discloses a disability, then there should not be any follow-up. Questioning should be limited to whether that applicant can perform the job.
If a history of filing claims is found, then the offer may only be rescinded under very limited circumstances. The following are some examples of circumstances that may warrant rescinding a conditional job offer:
• Lying about a workers compensation history or medical condition during a medical examination.
• Past claims demonstrate the applicant is a safety or health threat to himself or others, in the opinion of a medical expert.
• Past claims demonstrate the applicant is unable to perform the essential functions of the job even with reasonable accommodation.
Before attempting to run a search for workers compensation claims as part of a screening program, an employer is advised to consult with their attorney.
The Employment Eligibility Verification Form I-9 is used by an employer to verify an employee’s identity and to establish that the worker is eligible to accept employment in the United States. Our Electronic I-9 Form service provides a comprehensive error-detecting solution that virtually eliminates processing errors and simplifies the document completion process.
Every employee hired after November 6, 1986 must complete an I-9 form at the time of hire. Employees must complete Section 1 of the form at the actual beginning of employment. The employer must complete Section 2 within three days of starting work.
The I-9 is not required for unpaid volunteers or for contractors.
Our I-9 service provides several advantages:
• Secure, paperless Form I-9 storage, with 24/7 access for updating, re- verification and governmental inspection.
• The ability to e-sign the I-9 form that uses a high-security, DHS- compliant click-to-sign solution.
• The “Add eDocuments” feature allows you to electronically attach related I-9 documents to employees’ I-9 Forms so the related documents are stored as a set.
• 90, 60, and 30-day e-mail alerts will be forwarded to you prior to the expiration of work authorization documents.
• The ability to run reports by client location.
• Scan, index and archive paper copies of I-9 forms so that an employer can easily access all I-9 records from one location at the touch of a button. This is especially beneficial in the case of an I-9 audit, which is becoming more and more commonplace in today’s workforce.
E-Verify is a Web-based system that electronically verifies the employment eligibility of newly hired employees through Social Security Administration and Department of Homeland Security databases.
“... public and private sector employers may use the [E-Verify] system voluntarily but only to verify newly hired employees, not to E-Verify existing employees, unless they are federal contractors or sub- contractors.” (Italics added.)
Federal contractors and subcontractors have been required to use the U.S. Citizenship and Immigration Services’ E-Verify system since September 8, 2009 to verify their employees’ eligibility to legally work in the United States.
In addition to the federal government, many states also require or strongly encourage E-Verify on certain employees. Other public and private sector employers may use the system voluntarily but only to verify newly hired employees, not to E-Verify existing employees, unless they are federal contractors or sub-contractors.
KYC Solutions recommends that you use E-Verify on all newly hired employees to keep your hiring process consistent and compliant. Our check uses the federal E-Verify program to electronically query DHS and SSA databases and verify your new employees’ eligibility to work in the U.S.
The query result confirms (or not) that the social security number submitted belongs to an individual who is legally permitted to work in the U.S.
Enhanced capabilities include email alerts and reports that help track and monitor tentative non-confirmations.
Our E-Verify service will provide your company with the following benefits:
• Significantly reduces your potential risks of non-compliance. Employers who knowingly hire or knowingly continue to employ unauthorized workers are exposed to civil penalties that range from $250 to $11,000 per violation. And employers who engage in a pattern or practice of knowingly hiring or continuing to employ unauthorized workers can face criminal penalties of as much as $3,000 per unauthorized employee and/or 6 months imprisonment.
• Help ensure workforce stability and assist in eliminating the potential for disruptive and costly turnover created by the mandatory removal of legally unauthorized employees
• Minimize the potential for attracting legally unauthorized applicants by acknowledging your participation in E-Verify
• Seamlessly integrates with KYC Solutions’ existing ordering system
• Employee information will be carried over to the E-Verify screen to reduce data entry
KYC Solutions can conduct court records searches, employment verification and education confirmation in many countries throughout the world. Availability, turnaround time and cost vary depending on the country where searches are to be conducted. For specific information regarding international searches, please contact our office.
Criminal and civil court records are available in most countries. Turnaround time may range from a few days to a few weeks. Local, regional and/or national courts may be accessed for information. Due to privacy laws in other countries, a copy of the applicant’s signed release or other information may be required.
Before conducting international court records searches, we will contact the client with the cost and approximate turnaround time. Clients can make decisions on a case-by-case basis based on these factors.
Once your company specifies that it is interested in pursuing international verifications, you will not be contacted on a case-by-case basis (unless specifically requested). There is a $60 surcharge on all international employment references, personal references and education confirmations. This covers the cost of multiple phone calls and/or faxes to the reference country, calls made during off-hours, and calls made by a researcher that is fluent in the language of the responding company or educational institution.
In many countries, employers will require an employee ID for verification purposes. Also, educational institutions commonly require a copy of the degree or transcript, as well as a student ID or seat number, in order to confirm a degree.
There is a $20 international reference cancelation fee incurred when a reference is canceled after it is already in process.
“Employers who knowingly hire or knowingly continue to employ unauthorized workers are exposed to civil penalties.... And employers who engage in a pattern or practice of knowingly hiring or continuing to employ unauthorized workers can face... imprisonment.”
This search is for property management companies and landlords that need an inexpensive, quick search for potential tenants. Our TenantSCREEN product combines into one package—
• a national criminal history database check, and
• a national sex offender registry check
to identify potentially violent criminals and sex offenders before they sign a lease.
Note that this is not a true ‘nationwide’ or comprehensive national search; rather it is considered multi-state (multi-jurisdictional) criminal database search. It is dependent on participation from the originating source. Originating sources may include: county court records, state repository records, or state correctional records. Although most jurisdictions do participate, not all do.
This tenant screening product searches a database of over 30 million landlord-tenant records to locate Unlawful Detainer (Eviction) court records.
Because these records typically only include a name and address as identifiers, the search will also pull the subject’s most recent five addresses from credit header information, and compares those addresses to the ones found on the eviction court records. This greatly increases the probability that the information returned to you actually belongs to your lease applicant.
Evictions may also show up as a public record on a credit report if the case involved a monetary judgment. For example, if a tenant violates the pet agreement terms of their lease, but was current on their rent, that eviction judgment will not show up on their credit report. In addition, many cases are only or initially filed for possession only, just so the landlord can get possession of the unit back quickly. They may file for monetary recovery later, or not at all.
Information in the database comes from researchers who travel to courthouses where they search for all court cases pertaining to failure to pay rent, property damage, judgments, writs and any other lease violations.
The information in the EvictionCHECK database comes mainly from medium to highly-populated areas. Small cities and rural areas tend to be omitted.
As with most civil court records, Social Security numbers and dates of birth are not normally recorded in them. So our critical search parameters are two: name and address.
A credit report is a fundamental way to determine your applicant’s financial ability to afford rent. As such, your applicant’s financial obligations and payment patterns play an important part in your rental decision.
Qualified companies will be able to access a report that contains the applicant’s credit history, including a summary of data, trade lines, collections, and public records, and a FICO credit score. In addition, you will see detailed information on each account, including dates, balances, limits, and a 24-month payment history.
All “end users” must be identified to the credit bureau and issued a subscriber number before credit reports can be ordered. KYC Solutions reserves the right to verify the existence and authenticity of any company requesting credit reports. This will include, but is not limited to, verification of bank and trade references as well as a physical inspection of the client’s premises.
We cannot sell or give credit information to detective agencies, private investigators, security services, or attorneys. Specific End-User application forms, required by TransUnion, can be found on our website.
Information provided by a previous or current landlord is crucial to determining your potential tenant’s rental performance. Rental verifications seek to verify the following information:
Income level and stability is fundamental to choosing the right tenant. We will verify a potential tenant’s salary and likelihood of continued employment to make sure they meet your rental criteria.
Although employers may not consider volunteers to be “employees,” the Federal Trade Commission does indeed extend the definition of ‘employee” to include independent contractors and volunteers. As such, we feel it behooves businesses and non-profit organizations to screen volunteers as you would regular employees. But screening volunteers is not always cost-effective when submitting them to the same level of due diligence as direct hires.
KYC Solutions offers VolunteerSCREEN as a cost-effective option to a fuller due diligence process.
This search combines a national criminal history database check with a national sex offender registry check to identify potentially violent criminals and sex offenders before they come into contact with at-risk populations.
Note that this is not a true ‘nationwide’ or comprehensive national search; rather it is considered multi-jurisdictional. It is completely dependent on participation from the originating source. Originating sources may include: county court records, state repository records, or state correctional records.
To maintain compliance with the FCRA, any possible records found in a statewide or national criminal database search will always be confirmed at the county level at the client’s expense prior to being reported.
This is because we must consider a “name match” finding in a multi-jurisdictional database record as potentially a “false positive” that must be verified (or negated) through a review of the detailed court records to determine if in fact the finding pertains to your volunteer. If it is verified, the full details will be reported to the end-user/client; if the finding is negated by the review, the search will be reported as “no finding” even though the invoice will reflect the costs of the necessary investigation to disprove it.
This procedure assures FCRA compliance by shielding the end-user (adjudicator) from information that may not be used to determine eligibility for an FCRA-protected opportunity, including employment or housing.
A sound policy for your human resources (HR) processes is crucial for staying compliant with the FCRA and labor laws. It’s a good idea to engage a legal counsel or an experienced human resources expert to review your operation, policies and procedures to assure you have a compliant program, or to establish such a program if your current operation is found lacking.
Critical components of the HR process are the policies for onboarding of personnel, and the management of personnel incidents.
A publication by the EEOC, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, last amended on April 25, 2012, is an excellent guide on the use of certain types of public records in the hiring process.
In addition to the EEOC’s publication there may be applicable state laws regarding the use and evaluation of consumer reports in the hiring process. New York employers should be familiar with New York Correction Law Article 23-A.
Know Your Customers & Crew
Social Security Records