Legal & Aenigma Policies
Record Checks: Aenigma
performs all of its criminal and civil court checks directly with the
court, either through a personal visit from staff/contractors or direct
electronic access to the court. No third party databases are used
to do the confirmed court checks. This complies with the FCRA and
various other state and Federal laws on verification of records and
ensures the most accurate and relevant information.
Pre Employment Checks: Under the Fair Credit Reporting Act (“FCRA”), an employer has a number of detailed requirements with which it must comply both before it can procure a background report (consumer report) about an applicant or employee, and if it intends to take action in whole or in part based on information in a consumer report. See 15 U.S.C. Sec. 1681 et seq.
Pre Employment Checks: Under the Fair Credit Reporting Act (“FCRA”), an employer has a number of detailed requirements with which it must comply both before it can procure a background report (consumer report) about an applicant or employee, and if it intends to take action in whole or in part based on information in a consumer report. See 15 U.S.C. Sec. 1681 et seq.
There have been several recent court cases punishing employers for not following these procedures.
Specifically, an employer must:
(i) have a permissible purpose for procuring a report in the first place;
(ii)
certify to the background screening company that it will comply with
applicable law and will not use any information in violation of Equal
Employment Opportunity laws or regulations;
(iii) provide a
written disclosure to the applicant or employee indicating that
specific background checks will be conducted by a third party and
obtain authorization from that applicant or employee to conduct such
checks; and
(iv) follow the detailed two-step adverse action
requirements (including providing a copy of the report, a Summary of
Rights, and a pre-adverse action notification letting a person know he
or she could dispute inaccuracies in the report).
Aenigma can provide the information needed in order to comply with these requirements.
General Background Checks
Aenigma offers a variety of options within its background investigation services, including:- Verification of true identity
- Criminal history
- Civil litigation and judgments
- Driving history (where & when allowed)
- Employment, Education and personal reference verification
- Business interests
- Asset searches
- Credit analysis (with appropriate authorization and documentation)
- Internet Profile
- and More
We can accomplish a profile through all available resources within the budget established by our clients. Even modest funding can usually allow us to develop current and past residential histories, criminal/civil litigation cases, etc. The extent of a background effort is usually only limited to the amount of time and budget we have been authorized to utilize.
Whether you are hiring new employees or entering into a business transaction, you can be sure our investigation will assist you in making the right decisions. The sad fact is that nowadays, you just can't be too careful who you plan on dealing with in your business or personal life. In the not too distant past, background investigations were something of a luxury, now they are quickly becoming a necessity. Every minute of every day, money is stolen and companies and individuals are defrauded of their fortunes and reputations.
Sample Case Studies
Case Study 1
The client, a wealthy family, had hired a nanny to take care of their children, including driving one of the kids to and from school. They had used one of the online "background check" services that advertise a background for about $40, which came back clear. While we were doing other work for them, they asked about background checks and wanted a "test" on someone they already "knew" was ok, their nanny.We did a check and based on her application and resume, she had lived and worked only in the same county for the last 10 years (where the client lived also). And she was "clear" there. But as routine part of the ID Verification section we saw that she spent about 6 months in a neighboring county. Upon checking that county we saw an assortment of criminal records, including DWI and Prostitution convictions.
The clients were shocked, and when confronted the nanny confirmed the convictions and was fired for lying on her application. What might have happened if they never found out?
Case Study 2
A business client was regularly using us for their pre-employment checks, but only conducted criminal record checks for their employees. We convinced them to also do civil record checks for their executive hires and any new hires that would be handling money.A few months after starting this new level of checks, we were performing a routine check of a possible accounting hire. She came back clear on her criminal records, but had almost a dozen lawsuits in the past 6 years. Some of the lawsuits were of her suing her previous employers, and some of them were her previous employers suing her. The lawsuits by the previous employers were for fraud and similar things.
Obviously our client was not going to take a chance with this potential lawsuit.
Pre-Employment Screening
Employing the right person for a job is a daunting process. And verifying that the information they provided is truthful just ads to the burden. And what about what they did not tell you?
In pre-employment situations where the personal or professional history of an individual is important, a background investigation can be vital. This is the tool to determine or verify an individual's official record, references and financial stability. And now many states support the 'negligent hiring' doctrine. This means that employers can now be held liable for their employees actions if it is shown that they did not make an effort to carefully screen their employees prior to hiring. Why take the chance? Isn't it worth a few dollars now to avoid potential disaster in the future?
Aenigma offers a variety of options within its pre-employment background investigation services, including:
- Verification of true identity
- Criminal history
- Civil litigation and judgments
- Driving history (where allowed)
- Employment, Education and Personal Reference verification
- Asset search
- Credit analysis (with appropriate authorization and documentation)
- Business interests
- And More
We have developed several standardized options/packages to meet the needs of most of our clients in their pre-employment programs:
| Package Options | Level 1 Standard Basic | Level 2 Standard Advanced | Level 3 Combined Basic | Level 4 Combined Advanced |
| ID Verification | Y | Y | Y | Y |
| County Criminal Records Check | Current Only (1) | Last 7 Years (2) | Current Only (1) | Last 7 Years (2) |
| Federal District Criminal Check | Current Only (1) | Last 7 Years (2) | Current Only (1) | Last 7 Years (2) |
| Nationwide State Sex Offender Registry | Y | Y | Y | Y |
| County Civil Records Check | Current Only (1) | Last 7 Years (2) | ||
| Federal District Civil Check | Current Only (1) | Last 7 Years (2) | ||
| Bankruptcy Check | Current Only (1) | Last 7 Years (2) |
Notes:
(1) : The appropriate court for the county/district of current residence only.
(2) : The appropriate courts for the counties/districts covering the last 7 years of residence, employment, or as revealed through ID verification.
Descriptions:
Level I - Basic Standard Check
- This is the minimum check we advise all employers to use.
It includes the following:
- ID
Verification (Name(s), SSN, Birthdate, and location)
- Criminal
Records Check (County Level Court for the county of current residence
only)
- Federal
Criminal Records Check (Federal Court for the District of current
residence only)
- State Sex Offender Registry Check (State of current residence only)
- VIEW SAMPLE REPORT
Level II - Advanced Standard Check - This has a more intensive criminal check. It includes the following:
- ID Verification
(Name(s), SSN, Birthdate, and locations, including historical) - Criminal
Records Check
(County Level Courts for the counties for last 7 years of residence, employment, or as revealed through ID verification) - Federal
Criminal Records Check
(Federal Courts for the Districts for last 7 years of residence, employment, or as revealed through ID verification) - State Sex Offender Registry Check (Nationwide)
- VIEW SAMPLE REPORT
Level III - Basic Combined Check - This includes the information from the Level I check plus the following:
- Civil Records
Check
(County Level Court for the county of current residence only) - Federal Civil
Records Check
(Federal Court for the District of current residence only) - Bankruptcy
Records Check
(Federal Court for the District of current residence only) - State Sex Offender Registry Check (Nationwide)
- VIEW SAMPLE REPORT
Level IV - Advanced Combined Check - This includes the information from the Level II check plus the following:
- Civil
Records Check
(County Level Courts for the counties for last 7 years of residence, employment, or as revealed through ID verification) - Federal
Civil Records Check
(Federal Courts for the Districts for last 7 years of residence, employment, or as revealed through ID verification) - Bankruptcy
Records Check
(Federal Courts for the Districts for last 7 years of residence, employment, or as revealed through ID verification) - State Sex Offender Registry Check (Nationwide)
- VIEW SAMPLE REPORT
ALA Carte / Additional Add-ons - To any of the above checks can be added the following specific services:
- Education Verification (per Degree)
- Employment Verification (per Employer)
- Professional License Verification (per License)
- Pre-employment Credit Report
- Driving Record (dependent on state)
- County Court Criminal Check (per county)
- County Court Civil Check (per county)
- Federal Court Criminal Check (per district)
- Federal Court Civil Check (per district)
- Federal Court Bankruptcy Check (per district)
.