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Oklahoma Supreme Court Rescinds Controversial Records Rule Restricting Public Access To Court Records

The Oklahoma Supreme Court today rescinded its controversial rules that would limit public access to court information on its Web site and in court files, saying it wanted to give the issue further study and consideration. The rule change was heavily criticized after the court issued the new rules March 11.

For More Information Go To: http://www.newsok.com/article/3220553

Guards' Pasts Not Probed: State Does Not Regulate In-House Hiring Procedures

Panama City Beach, FL - The Sandpiper Beacon security guard accused of sexually assaulting a teenage spring breaker last week was exempt from a state law requiring at least a week's training and a nationwide criminal history check. State officials said Shawn Wuertley did not have a Florida security license and would not have qualified for one because of his prison record. But, because he worked for the hotel and not a security company, a license was not necessary. "If a private entity such as a motel wants to use one of its own staff members, and not carry a gun, the person does not undergo any special training or any background investigation," said Terry McElroy, spokesman for the Florida Division of Licensing. It is not clear whether the hotel conducted its own background check when he was hired.

For More Information Click Here.

Violence Registries

States are continuing to create boutique criminal records databases. Baltimore, Maryland recently approved legislation that would create a public Gun Offenders Registry, requiring those convicted of gun related offenses register their name, address, and photograph with the police department. As yet, a Web database is not available.

For More Information On Other Boutique Criminal Records Database Go To:
http://pibuzz.com/2008/01/26/violence-registries/

Detroit Second Chance Through Expungement Program

The Second Chance Through Expungement program, launched by County Executive Robert Ficano, seeks to eliminate a barrier that often keeps previously incarcerated people from getting a job. Under the program, Wayne County residents who have had one nonviolent offense and have not gotten into trouble in the past five years will be eligible to get the conviction set aside. County dollars will help fund expungements, which can cost as much as $1,200. Expunging convictions has been legal in Michigan since 1965. A partnership with Legal Aid and Defenders, Michigan State Police, the Wayne County Prosecutor's Office and judges will help oversee the process. There are about 8,500 nonviolent offenders in Wayne County, but it's unclear how many of them are out of work and eligible for the program, director Jones said. About 1,000 people showed up for the meeting to find out about getting their records.

For More Information Go To: http://www.detnews.com/apps/pbcs.dll/article?AID=/20080319/METRO/803190419/1409/METRO

It's Time To Go Back To School With employeescreenIQ

employeescreenIQ launches employeescreen University , a first-of-its-kind interactive, educational learning resource for human resource, security and risk-management professionals, which features regularly updated, free background-screening information aimed to help you make better hiring decisions. employeescreen University is pioneering - an interactive learning tool designed specifically for your use. The Web site provides you with the opportunity to learn how to enhance your background screening procedures with best practices, as well as important information that affects your use of background checks. Click on this link for your trip back to school! university.employeescreen.com monitors current employees for criminal behavior.

Tazworks Announces Newest Software Advancement For Professional Background Screening

Tazworks, has launched its latest and highly anticipated online software advancement called the InstaScreen Premiere 2.0. The InstaScreen Premiere 2.0 is a full-featured, user-friendly, Internet-based software, allowing background screening companies, consumer reporting agencies and investigative industries to exceed their clients’ expectations with the most simple and powerful software on the market. The background screening industry is moving rapidly away from manual transcription and data entry towards electronic data exchange. InstaScreen Premiere 2.0 has been developed to facilitate this transition with its Data Exchange Gateway.

For Additional information Go To: http://www.tazworks.com/tazproducts.htm

Verifications, Inc. Enhances Electronic Fingerprinting Solution

Verifications, Inc., a leading provider of global employment screening and applicant management services, and technology partner Advantage Biometrics Group, a leader in Live Scan technology, today announced the release of Verifications’ enhanced electronic fingerprinting solution that allows employers to electronically submit fingerprints to the Federal Bureau of Investigation (FBI) or applicable state agency. The solution combines a nationwide network of electronic Live Scan devices with a web-based management interface that enables employers to initiate, track and manage the electronic fingerprinting process right from their desktop.

For More Information Go To: http://www.verificationsinc.com/enhanced-electronic-fingerprinting-solution-press-release.html

Registry CrimSAFESM Helps Online Dating and Volunteer Organizations Reduce Liability

National Background Data (NBD), LLC, the leading provider of criminal history database information, announces Registry CrimSAFE, a new criminal background screening service. Registry CrimSAFE automates the evaluation of criminal records and quickly delivers concise, criminal screening decisions. By removing subjectivity from the screening process and enforcing consistent screening decisions, Registry CrimSAFE increases the effectiveness of criminal background screenings. Effective screenings help online dating and volunteer organizations decrease liability by reducing the likelihood of allowing criminals to join these organizations.

For more information on CrimSAFE, visit booth # 315 at the Annual NAPBS Conference on April 13-16 or visit www.NationalBackgroundData.com

This Month’s Challenge is sponsored by:

The 2008-2009 Background Screening Industry Buyers Guide

Click Here For More Information on the Buyers Guide

As the background screening industry continues to get more competitive the firms that will ultimately succeed will be those that create competitive advantage through their people by offering continuous learning opportunities to heightened their knowledge and capabilities. We believe that having employees that are very knowledgeable about the legal landscape of background screening is essential to continued success.

We are grateful to Pam Devata, Seyfarth Shaw LLP for providing the expertise for this valuable endeavor. For information regarding the answers to the Legal Challenge Questions, please contact Pamela Devata at Seyfarth Shaw LLP at pdevata@seyfarth.com or 312-460-5000 or visit www.seyfarth.com.

Please choose your answer by clicking on it:

Question #3 If I am assisting my employer client with the adverse action process, what is the best practice for sending a notification to the applicant/employee? a) If it is an applicant, send two letters, one stating they are not hired along with a copy of the report, and one stating they can dispute the information in the report. b) If they are an employee, send a letter notifying them that they are terminated from employment, but you do not need to send a copy of the report. c) Regardless of the employee is an applicant or employee, send a copy of the report, summary of rights, and a letter telling them they are not hired or are terminated. d) Regardless of the employee is an applicant or employee, send one letter with a copy of the report, summary of rights and information stating the company is thinking about taking adverse action and the consumer can dispute the report, then send a second letter taking the adverse action.

BUSINESS CORNER United States and European Union Negotiating Personal-Data Sharing Treaty The nation's precarious economy seems to be having dissimilar effects on hiring. High-level and highly skilled workers remain in demand while some U.S. employers are beginning to think about hiring freezes and downsizings. A survey conducted by New York consulting firm Mercer found that 33 percent of U.S. employers may implement hiring freezes or downsize their staffs due to the current economic slump. In addition, according to Milwaukee-based Baird Equity Research, an international asset management firm, the rate at which the economy is adding jobs has slowed. For More Information Go To: http://www.hreonline.com/HRE/sto ry.jsp?storyId=78811308 What To Do When The Competition Heats Up And The Market Slows Down By Bruce Berg “Woe is me, my sales are down 10% and my profits are slipping away. What should I do?” Maybe you are not facing this quite yet, however, if the economic forecasts are correct, you will be in 2008. Classic marketing theory says, in a down economy, you should increase your expenditures for marketing and sales. You ask, “How can I increase my expenditures when I anticipate my sales will drop; how will I pay for these?” Well, there are some options. To Read the Full Article Go To: http://www.bergconsultinggroup.com/id60.html

Bill Would Require Drug Tests For Welfare Recipients

Perry County’s representative in the Missouri Senate, Sen. Jason Crowell, R-Cape Girardeau, Wednesday filed legislation that would require public benefit recipients to pass a drug test in order to receive state benefits. The bill would require the Department of Social Services to develop a screening program for those receiving Temporary Assistance for Needy Families. "This program provides an important outreach to help families in some dire situation in Missouri," said Sen. Crowell. "This legislation will assure that the people utilizing these funds are not abusing this service, and are really trying to improve their quality of life."

For More Information Go To: http://www.washingtonpost.com/wp-
dyn/content/article/2008/02/18/AR2008021802128.html

When Employees Steal: Five Reasons Your Business Could Be Vulnerable To Fraud

The last thing you want to discover is that one of your employees is stealing from your small business. Not only is it a total violation of your trust, but internal fraud also has the potential to put you out of business. According to the Association of Certified Fraud Examiners, businesses lose an average of 5% of revenues each year to fraud. Could your company survive if an employee stole 5% of your revenues? The new book, Essentials of Corporate Fraud, details many of the red flags that may point to fraud in your company. There are literally hundreds of warning signs that might indicate an employee is engaged in a fraud scheme. Here are a few:

Is an employee struggling with personal problems?
Employees with financial troubles, addictions, chronic legal problems, instability in their personal lives, or unusual work habits might be more likely to commit the fraud.

Are accounting errors popping up?
A company's accounting process and financial records might also point to an ongoing fraud. Some of the best business software will alert you if bookkeeping entries don't line up the way they should.

For More Information Go To: http://www.walletpop.com/2008/03/17/when-employees-steal-five-reasons-your-business-could-be-vulner/

Five Ways To Protect Your Data

We lock our businesses, our homes and our cars to restrict wrongful entry and burglary. We invest heavily in security systems to deter and prevent loss. But how can we similarly protect intellectual property? A recent “Trends in Proprietary Information Loss Survey Report,” sponsored by Pricewaterhouse Coopers, revealed that the U.S. Chamber of Commerce and the ASIS International Foundation found that both Fortune 1,000 and small- to mid-sized businesses, were likely to experience proprietary information and intellectual property losses ranging from $53 and $59 billion. These losses involved:

- research and development (49 percent);
- customer lists and related data (36 percent); and
- financial data (27 percent)

For More Information Go To: http://securitysolutions.com/corporate/five_ways_protect_data/index.html

Stealing Corporate Secrets

Corporate espionage is big business. According to the FBI, such theft costs all U.S. companies between $24 billion and $100 billion annually. Interestingly, only about 20 percent of those losses are tied to cyber threats while the majority of them are associated with low-tech schemes such as unlawfully entering open offices. No business is immune. While most of the attention is on beefing up information technology units to deal with cyber threats, many smaller-to-mid-sized companies are losing ground to criminals using ordinary techniques. Indeed, industrial espionage can range from stealing intellectual property to trade secrets to marketing materials -- all of which could be obtained by combing through unprotected documents. "Economic espionage will be increasingly common as nation-states use cyber theft of data to gain economic advantage in multinational deals," says the SANS Institute, an information security firm. "The attack of choice involves targeted spear phishing with attachments, using well-researched social engineering methods to make the victim believe that an attachment comes from a trusted source."

For More Information Go To: http://www.riskcenter.com/story.php?id=16107&PHPSESSID=1f3c5bf0b7ecfbe2e3c54abe6d412b5c

Commercial Driving License Fraud Scheme Involving Florida DMV Clerk

On March 11, two men plead guilty in U.S. District Court, Tampa, Florida, to wire fraud for their role in a Commercial Driver's License (CDL) fraud scheme. Specifically, the DOT/OIG investigation disclosed that the subjects conspired to pay bribes an employee of the Florida Division of Motor Vehicles (DMV) whose responsibility was to monitor CDL applicants and ensure their qualifications before she issued a CDL. Once the clerk received a monetary bribe, she used her employment position to fraudulently issue CDLs to individuals who did not have the requisite training and documentation to support their qualifications. The State DMV sent letters to all 144 individuals who obtained CDLs via the clerk asking that these individuals return to the DMV to ensure that the applications were processed properly or else have their CDL revoked. Subsequently, 139 CDLs were revoked. This investigation was conducted jointly with the Florida Department of Law Enforcement and the Florida Department of Highway Safety & Motor Vehicles.

For More Information Go To: http://www.oig.dot.gov/item.jsp?id=2260

Background Screening and Investigations Managing Hiring Risk from the HR and Security Perspectives By W. Barry Nixon, SPHR and Kim Kerr, CPP 352 pages 16 ills Copyright 2008 USD 49.95, Reference Butterworth-Heinemann Title ISBN: 978-0-7506-8256-5 To Order:

NAPBS Webcast Series: Find out more about webinars by going to ttp://www.napbs.com/content.php?id=289 Courses are open to members and non members.

Click Here For More Information

We can help you have a high quality e-newsletter to help nurture your relationship with your clients and attract new clients. Our customized newsletter service will take over your newsletter task or create a new one for you. We can manage the creation of your newsletter for you.

We are constantly researching information to use for The Background Buzz and you can put our research to use for you. Using the information rich content from The Background Buzz (minus the ads and competitors information) we will create a custom newsletter for you.

Use your staff’s time to do more valuable work and save all the hassle of researching or writing articles, formatting and managing all the other ezine tasks with our customized ezine process.

Contact Barry Nixon at 949-770-5264 or at wbnixon@aol.com for more information.

Looking for the Top Suppliers in the Industry? Need to find a new Supplier?

Visit PreemploymentDirectory.com’s VENDOR SHOWCASE which features suppliers to the Background Screening Industry (go to www.PreemploymentDirectory.com, click on ‘Click Here’ and then scroll down to Vendor Showcase for Background Screening Industry Suppliers)

Ignore Global Emerging Markets at Your Peril

Speaking at the Executive Search Consulting Conference in New York, Andrew Walker, Joint President of The International Executive Search Federation (IESF), warned the audience of leading USA executive search professionals that it was essential to be connected to the Emerging Markets as that is where the multinationals are expanding their operations – for manufacturing to lower costs and in retail to tap the Emerging Middle Classes. If you are not connected into these markets then you are not meeting their clients talent needs at the very time they need them the most.

“With recession on your own doorstep in the US” Walker said”, now is the time to be investing in markets in the emerging nations. IESF took the view some years ago that opening offices with trusted partners in India, Russia, China, Chile, Brazil, The Caribbean, Eastern Europe for example, would enable us to serve our global clients better by being there, not just by email, or video conference, but by living, breathing and understanding what makes business happen. All our global partners are local.”

This message is an important one for the entire employment services industry which includes background screening and investigations firms.

“We are not alone in this view and it is interesting to note that the top 5 global largest search firms quoted by Search Consult are all Federations of Independent Search Houses, and all are strong in emerging markets.

Think about these comments in light of the recent major purchases that have occurred in the background screening industry ala Reed Elseviers’ buying Choicepoint and First Advantages’ purchase of Verify Screening. Look around at the largest and emerging background screening firms and you will see that all of them are establishing a strong global footprint.

NAPBS’ venture into the international arena to establish a global alliance of professional background screening and investigations firms is remarkably timely and truly an idea whose time has come.

Source: Substantial content for this article is based on the article of the same title that appeared at http://www.onrec.com/content2/news.asp?ID=20755

Employment Screening Down Under – The Australian Standard AS4811:2006
By Guy Underwood

Australia has had a relatively short exposure to the discipline of employment screening, especially when compared with the US and European markets. In the mid 1990’s the typical response by corporates when questioned about their use of employment screening ranged from “It is a small market and everyone knows everyone” to “Isn’t that what we pay placement companies for.” Fast forward to late 2001 and Australia was faced with the true evil of global terrorism in the aftermath of September 11 and a change in the regulatory environment courtesy of a raft of legislation aimed at strengthening the financial services sector and combating money laundering. Employment screening became recognized as a vital tool in an organisation’s security risk management framework, as well as minimizing its exposure to fraud and unethical conduct by staff and contractors. Originally formed in 1999, the committee working on the Australian Standard on employment screening changed the focus of the standard from HR to risk management, with the aim of allowing organisations to design a screening process that would “reduce the risk of a potential security breach and to ensure the integrity, identity and credentials of personnel within an organisation.” The resultant standard was released in June 2006 and called AS4811: 2006 – Employment Screening, the first standard of its kind anywhere in the world.

For More Information Click Here.

Wheat Exporters To Undergo Background Checks

Australian wheat exporters will face regular background checks under the Federal Government's proposed new system for wheat marketing. Federal Agriculture Minister Tony Burke says the draft legislation will be made public within 24 hours and it will include a requirement for yearly accreditation reviews. The new proposals are in response to the so-called oil for food scandal in 2006. Mr Burke says the background reviews will go back five years. "The test is that they have to be a fit and proper company and there's then a series of issues that Wheat Exports Australia is to have regard to in reaching that determination," he said.

For More Information Go To: http://www.abc.net.au/news/stories/2008/03/05/2181115.htm

Employers Face Jail For Failing To Check On Illegal Workers From February, 29 2008, the Immigration, Asylum and Nationality Act 2006 comes in to force and employers will be subject to a criminal offence if they knowingly employ illegal migrant workers.A new survey highlights that business owners are currently putting themselves at risk of fines and legal action as they are not doing enough to verify the legality of their employees. A joint survey run by BusinessZone.co.uk and HRZone.co.uk found that 34 % of small businesses had no process in place at all to verify the legality of workers. Even in larger businesses with a dedicated HR function, 37 % leave it until the candidate has accepted a job offer. Key changes to the current law include a civil penalty for those that employ illegal migrant workers, of up to GBP10,000 per employee. However, the employer will have a defence if it can prove that it has seen, copied and retained copies of original specified documents, before employing an individual. Employers will also have to carry out further checks at specified intervals, to confirm the employee's ongoing entitlement to work in the UK. In addition, employers will be subject to a criminal offence if they knowingly employ illegal migrant workers, which could result in employers being imprisoned for up to two years and/or receiving a fine. For More Information Go To: http://www.strategicrisk.co.uk/story.asp ?source=srbreakingnews&storycode=369868 Chef Who Cooked Up A Stellar CV Many media outlets have picked up the story of the British chef whose [ahem] 'exaggerated' CV had landed him his own show on US cable, as well as a book deal and kitchenware range. 'Sir' Robert Irvine had reportedly claimed to have received a knighthood from the Queen – just one highlight from a storybook lifestyle which had also seen him make Princess Diana's wedding cake and cook for the US President at the White House. You couldn't make it up! Actually... it turns out you could. Because added to those claims, and one about a castle in Scotland, it would appear Irvine can actually claim none of the above. For More Information Go To: http://www.lewis360.com/2008/03/press-briefing.html

2012 Olympic Screening

Around 100,000 construction workers are to be vetted using biometric face and palm recognition screening during the building of the London 2012 site. The two-tier biometric access system, which includes palm print reading and face recognition as each worker enters the site, is part of a £354m security strategy for the 500-acre Olympic park during its construction, which starts in June.

For More Information Go To: http://www.recruiter.co.uk/Articles/336442/Olympic+screening.html

Data Protection and Privacy Factsheet

The factsheet introduces the law associated with data protection and privacy. It also provides an action plan for employers. There is a plethora of statutes which address data protection and privacy, but the main legislation governing data protection is the Data Protection Act 1998 (DPA) which came into force on 1 March 2000.

The DPA implements an EU Directive (the Data Protection Directive 95/46/EC) and both the Act and the Directive aim to give individuals rights in connection with the processing of manual and computerised personal data and on the movement of such data.

For More Information Go To: http://www.cipd.co.uk/subjects/emplaw/dataprot/dataprotec.htm

Data Protection Challenges For 2008 To Be Examined

Data protection officers from across the country are meeting to address some of the key data protection challenges facing organisations this year, as the protection of personal information becomes an increasing priority for both organisations and individuals. The Data Protection Officer conference in Manchester, hosted by the Information Commissioner’s Office (ICO), will also launch the ICO’s data protection strategy. The data protection strategy sets out how the ICO goes about its task of minimising data protection risk. In doing so it explains how the ICO will focus its data protection resources on situations where there is the greatest risk of harm to individuals through improper use of their personal information.

For More Information Go To: http://www.workplacelaw.net/news/display/id/14035

Employing Overseas Workers Factsheet

This factsheet gives basic introductory guidance. It:

· offers advice to employers considering employing migrant workers
· introduces the law and employers' responsibilities
· covers other areas including contracts and personnel issues.

Organisations may choose to employ overseas workers for a variety of reasons. In order for this policy to succeed the HR department/function should ensure that the organisation is equipped to deal not only with the ‘hard’ issues such as contracts, work permits and pay but also the ‘soft’ issues. These may include employment for the overseas worker’s partner, schooling for the children and help with the family’s adjustment to a new culture. In March 2006, following a wide-ranging consultation exercise, the Home Office published proposals for a new Points Based System (PBS) managing the flow of migrants from outside the EU coming to the UK for work or study1. The new system is being introduced in a phased manner, with processes being tested at each stage before firm implementation dates are announced.

For More Information Go To: http://www.cipd.co.uk/subjects/intlhr/empfn.htm

NHS vetting

Recruiters who supply staff to the NHS will be required to undertake new candidate vetting procedures from April. Under new guidelines, recruiters will have to carry out face-to-face identity checks. In addition, the new pre-employment checks will cover: the right to work; professional registration and qualifications; employment history and references; criminal records; and occupational health.

For More Information Go To: http://www.recruiter.co.uk/Articles/336504/NHS+vetting.html

We have greatly enhanced our International Resource Center to be a valuable resource for anyone looking for information on doing international background verifications, vetting or verifications. It includes information on international data protection and other laws, terrorist searches and much more. Also included is very practical information on time zones, locating cities, holidays in different countries, etc.

New Information Added:

Standards Australia

International Training Resources

We have added International Training Resources to the International Resource Center. We will update this section as we identify new training and educational opportunities.

Bookmark this valuable resource so you can use it over and over.

To view the International Section go to www.PreemploymentDirectory.com and look under the gray line like below in the middle of the page:

A Call For Tougher Checks Of Pennsylvania School Staff

Nearly every day, Tina Tranauskas sees more and more need to require stronger employee background checks for people who work in schools. The bill she's pushing, sponsored by State Sen. Robert C. Wonderling (R., Montgomery), would prohibit anyone convicted of a serious crime from working in schools and would close the gaping loopholes that set Pennsylvania apart from New Jersey, which requires greater reporting and more extensive fingerprinting of school employees. Wonderling's bill would also require annual fingerprinting for all those working near children. It would require the fingerprints to be kept in a database and would compel law enforcement agencies to notify administrators whenever school personnel are charged with crimes. In such cases, Tranauska said, administrators would decide whether employees charged with crimes could remain at school, pending the outcome of their cases.

For More Information Go To: http://go.philly.com/checks

We invite you to pull up a chair, take a break and join us in the Background Bistro to sip a latte and chat with this weeks guest:

Barry Boes, President, Accio Data graciously agreed to talk with us. He started Accio Data with a desire to help people and to fill what he saw as an obvious technology gap in the industry. He also had a desire to be self-employed and thought the background screening industry was a good avenue to accomplish this goal. Prior to starting his own firm Barry worked in the semiconductor industry. After 911, it became obvious to him that having an efficient and reliable background check system in place moved beyond being a good idea to business necessity. He noted that hiring an employee that violates US immigration laws can cost you time and money. Even more important, he stated that hiring an

2008 Events (Click Here to View full list of 2008 Events)