Faqs

Read some of our frequently asked questions on background checks and record searches. If your question is not answered here feel free to contact us.

Start Typing in the box below to see how our FAQ System can monitor this field and suggest FAQ articles based on your input :

Q: What is a Florida Level I and II Background Check?

A: There are currently two types of background screenings conducted as required by Chapter 435, F.S.

* Level I background screening consists of a search of the Florida Department of Law Enforcement (FDLE) database for the criminal history of an individual.

* Level II background screening consists of a search of the Florida Department of Law Enforcement (FDLE) and the Federal Bureau of Investigation (FBI) databases (requires fingerprinting) for any criminal information at the state and national levels on an individual.

Click Here For the Florida Statute 435 Employment Screening

Florida Positions Required to be Screened

Q: What is the New York Correction Law Article 23-A regarding background checks?

A: Effective February 1, 2009, NY employers must post a copy of the Correction Law relating to the use of prior convictions. Click here New York Correction Law Article-23A
 

Q: How do I get my company I-9 Compliant?

A: Verifying your employees' legal status is clearly necessary. However, the time, energy, and paperwork involved in verifying your new employee's I-9 (Immigration Status) forms can be overwhelming. InfoCheckUSA offers an Immigration Status solution that will economically streamline the verification process and get your new employees into your workplace all the faster.

Here's How Immigration Status Verification Works:

• Your company gives InfoCheckUSA written authorization to perform Immigration Status Verifications on its' behalf
• Our experienced researchers will verify your potential employees through the Department of Homeland Security.
• You will receive accurate, cost-effective results within 24-48 hours.

Q: Why should an MVR Driving Record Search be run?

A: Because In some states, convictions for driving under the influence of alcohol or drugs cannot be found on the criminal court record and can only be revealed with an MVR examination.

Q: What information is in the Nationwide Criminal Index?
A: The Nationwide Criminal Index Search is a compilation of available state criminal information, Not all states participate in the Criminal Index, and not all criminal records are in the database, However, it is the fastest and most powerful tool available to employers to quickly and consistently screen potential employees. NOTICE: The National instant criminal search should be followed up with a "hands-on" County level criminal search to provide comprehensive coverage and accurate reporting. A County level search should also be performed before any adverse action is taken against a potential employee or tenant based on results from the National or Statewide Instant Criminal Database Search.

Q: Why aren't all criminal records available in the Nationwide Criminal Index?
A: Contrary to popular belief there is no "Master Criminal Database", Reports suggest the even the FBI's NCIC Criminal database that can only be accessed by law enforcement only contains about 60% of all available criminal records, Criminal records are more like a patch work quilt, with each county in a state contributing their piece, not all counties have the time or technology to report all of their information to the state database, creating holes in the quilt, and not all states have the time, technology, money, or desire to allow the public access to criminal information.

This is why no database is 100 % accurate, for the most accurate search we recommend combining the Statewide or Nationwide Criminal Index search with a "Hands On" County Criminal Search.

Q: What is a "Hands On" County Criminal Search?
A: It is said that "All Criminal Justice Starts at the County Level". For the most accurate and up to date criminal information available you must look at the county level. A "Hands On" search is where we obtain the information directly from the court, this is the only way to obtain 100% of all available information, information such as dismissed cases, active warrants, or petite offenses may never make it to a Statewide database, and many counties do not submit any information the their Statewide repositories.

Q: Which search is better the County Criminal Search or the Nationwide Criminal Index?
A: The information in the County Criminal Search in more accurate but the Scope of the search is geographically limited The Nationwide Criminal Index is a very powerful tool that can give you a "Thumb-Nail" of a geographical area and huge amount of data, They are both great tools, each with strengths and weaknesses, we recommend doing the Nationwide as a first step in the hiring process, then following it up with a more diligent search of County Criminal Records in the counties that the applicant has held residence in over that past 7 years.

Q: I know that someone has been arrested in the past. Will this report show that?

A: Arrest records will not be provided. The only criminal record information provided will be related to criminal convictions. If a person was arrested and then released without being convicted, this information will not be reflected in our reports. Depending on the county courthouse, arrest records may occasionally be returned if the case is still ongoing or awaiting trial. Since a person is innocent until proven guilty, arrest records should never be used to make a hiring decision. Only criminal convictions should be used in making decisions.

Q: Will I be charged for a search that comes back with “No Records Found”?

A: Yes. A confirmation of where the search was conducted will be sent back to you along with the search information used in performing your search, and the fact that “no records were found”. We have to charge our customers for the search regardless of whether or not records are found, because we incur costs every time we run a search.

Q: How far back does the data from InfoCheckUSA go?

A: Before you perform a search you can view a full description of what that search covers, including how far back the data for that search goes.

**For Example: Florida Criminal Record searches go back 60 years (correctional data only, court information goes back 7 years as described in Florida Criminal Record Search Description).

Q: How far back does your criminal record searches go? Can I use records beyond 7 years to make hiring decisions?

A: All criminal record searches will go back at least 7 years. InfoCheckUSA can provide criminal record information beyond 7 years via special request for an additional fee. Each courthouse varies how long they maintain criminal records on file. We recommend at least a 10 year search.

The Federal FCRA guidelines allow you to make hiring decisions on criminal conviction information going beyond 7 years. However, State FCRA laws in CA, KS, MD, MA, MT, NH, NM, and NV restrict employers to only using the last 7 years of criminal record information for making hiring decisions.

Many states (such as listed above) have regulations that are more restrictive than the federal law. Common limitations are:

• Bankruptcies that, from the date of adjudication, antedate the report by more than 10 years.
• Suits that, from the date of filing, and satisfied judgments that, from the date of entry, antedate the report by more than seven years.
• Unsatisfied judgments that, from the date of entry, antedate the report by more than seven years.
• Unlawful detainer actions where the defendant was the prevailing party or where the action is resolved by settlement agreement.
• Paid tax liens that, from the date of payment, antedate the report by more than seven years.
• Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years.
• Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. These items of information are no longer reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result; except that records of arrest, indictment, information, or misdemeanor complaints may be reported pending pronouncement of judgment on the particular subject matter of those records.
• Any other adverse information that antedates the report by more than seven years.

Q: “I know this person has a criminal record, why did your search come up with no records found”?

A: When your search results do not show a criminal record that you expected to find, we have come up with the top reasons that explain why you may think or feel a person has a criminal record but no records where found.

Q: I want to do a background check on myself, what should I request?
A: privacyrights.org recommends "When you know you are going to be on the job market, take the following steps to reduce the chances that you and/or the potential employer will be "surprised" by information found in the background check process:
-Order a copy of your credit report.
-Check court records.
-Check DMV records."
We also recommend doing a Statewide or Nationwide Search. We offer this service as a package to individuals at a special price.
 

Q: What is an "Employment Credit Report"
A: An "employment report" includes information about credit-payment history and other credit habits from which current or potential employers might draw conclusions from. An employment report provides everything a standard credit report would provide. However it doesn't include a credit score or date of birth. Nor does it place an "inquiry" on your credit file that may be seen by a company looking to issue you credit. Having too many credit inquiries tends to lower your credit score.

Q: Are your services free?
A: InfoCheckUSA is a for profit organization incorporated in the state of Florida, we offer pre-employment screening services for companies nationwide for a reasonable cost. We also can provide our services to individuals for the same price, Our services are "Hassle Free" but are in no way "Free". If you have been denied employment as a result of a background check conducted by InfoCheckUSA at the request of your prospective employer you are entitled to a copy of your consumer report under the FCRA. Please call us during normal business hours to handle this request.

Q: How is a Search Conducted?

A: All of our search products access our extensive network of third party public and private databases. Once you enter the search criteria, our experts comb through these databases in search of the person you are seeking. The more accurate the search criteria you provide, the higher the likelihood that we will find the individual. We then provide a report to you with our findings.

Q: What are public records?

A: Our network of databases contains information from the following three categories:  

• Public records are records maintained by the government, such as court records.
• Publicly Available Records are records generally made available to the public, for example, phone books.
• Private Records are records, which private companies create and maintain such as marketing lists. They are
not freely available to the general public.

Q: Will someone know if I did a search on them?

A: No. Our searches are completely confidential and the person being searched for will not know a search has been performed or who has performed it.

Q: What information do i need to run a search?

A: You can run a search with as little information as a person's first name. However, the more information you provide the greater the likelihood that we find the person you are seeking. First name, last name, last known address, state, date of birth, and approximate age are all very useful and will increase your chances of success.

Q: Are your services completely confidential?

A: 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.

Q: Why should I search for County criminal records if I can search the State Criminal Records Repository?

A: 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.

Q: Do I need to fax you the release my applicant signed?

A: Generally speaking, no. The Fair Credit Reporting Act requires that your applicants 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 release forms for audit purposes.

Q: How does employment screening reduce negligent hiring lawsuits?

A: By screening your perspective employees, you can decide if the applicant is not only suitable for the position in question, but also whether or not they will be reliable and productive additions to your workforce.

Q: What screening practices should my company follow?

A: Although you should always consult legal council when setting up background screening guidelines, the following best practices will help you reduce risk.

• Establish a background screening policy and review it periodically
• Do not accept an incomplete application
• Verify the applicant’s signature
• Identify all background searches that will be conducted on an applicant
• Require a photo ID
• Verify income sources
• Verify residential sources
• At a minimum, request criminal background searches in each of the states listed on an applicant’s credit header and the states surrounding the applicant’s current residence
• Resident screening – everyone over 18 years of age must fill out a rental application, even if he/she will not be a lease holder

Q: What is your Refund Policy?

A: All background check services ordered are final and no refunds will be given. You pay for our search service, not the results. We will not grant a refund after a search has been conducted, except in the following instances ONLY: (1) In the event you were charged more than once for a single order. All such claims require submission of valid proof of purchase reflecting the charges. Refunds granted may take up to three weeks to show a credit on your statement. (2) In the event you did not receive your results.

Q. What is FCRA?

A. See below.

A Summary of Your Rights
Under the Fair Credit Reporting Act

The federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in the files of every "consumer reporting agency" (CRA). Most CRAs are credit bureaus that gather and sell information about you -- such as if you pay your bills on time or have filed bankruptcy -- to creditors, employers, landlords, and other businesses. You can find the complete text of the FCRA, 15 U.S.C. 1681-1681u, at the Federal Trade Commission's web site (http://www.ftc.gov). The FCRA gives you specific rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights.

• You must be told if information in your file has been used against you. Anyone who uses information from a CRA to take action against you -- such as denying an application for credit, insurance, or employment -- must tell you, and give you the name, address, and phone number of the CRA that provided the consumer report.

• You can find out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for the report if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars.

• You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAs -- to which it has provided the data -- of any error.) The CRA must give you a written report of the investigation, and a copy of your report if the investigation results in any change. If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change.

• Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not required to remove accurate data from your file unless it is outdated (as described below) or cannot be verified. If your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source.

• You can dispute inaccurate items with the source of the information. If you tell anyone -- such as a creditor who reports to a CRA -- that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you've notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error.

• Outdated information may not be reported. In most cases, a CRA may not report negative information that is more than seven years old; ten years for bankruptcies.

• Access to your file is limited. A CRA may provide information about you only to people with a need recognized by the FCRA -- usually to consider an application with a creditor, insurer, employer, landlord, or other business.

• Your consent is required for reports that are provided to employers, or reports that contain medical information. A CRA may not give out information about you to your employer, or prospective employer, without your written consent. A CRA may not report medical information about you to creditors, insurers, or employers without your permission.

• You may choose to exclude your name from CRA lists for unsolicited credit and insurance offers. Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or insurance. Such offers must include a toll-free phone number for you to call if you want your name and address removed from future lists. If you call, you must be kept off the lists for two years. If you request, complete, and return the CRA form provided for this purpose, you must be taken off the lists indefinitely.

• You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA data, violates the FCRA, you may sue them in state or federal court.