Arrest Records and Pre-Employment Screening
Below is a story from the Washington Post that highlights the dangers of considering arrest records for employment decision. The EEOC has ruled that it is discriminatory to consider arrest records when hiring.

Precious Daniels was upset with Blue Cross Blue Shield of Michigan for its stance on health-care legislation last year, so she decided to demonstrate her anger with a peaceful protest. She blocked the doorway of the company's Detroit headquarters and got arrested for her trouble. Her husband paid the $50 bail, then she was released and told to appear for a court date on a disorderly conduct charge. When she did, the misdemeanor was dropped. The arresting officer apparently thought so little of the case that he didn't even file the paperwork. But the arrest means much more to the Census Bureau. After Daniels applied to help Uncle Sam count his people, he said no.

To read the complete story, please click here
Links Page

Links of interest

Do you need a quick criminal record check in NC- go to ICheckNC. Who is being detained by ICE, (Immigration & Customs Enforcement) -Detainee Database The following links are courtesy of Pursuit Magazine 1) Bank Routing Numbers -Who issued the check? 2) Who issued that credit card-Issuer Identification Number

Winston Salem Police Department Incident Reports and Warrant List

Who has a warrant in Forsyth County and you can search the incident report. Click Here for the Winston Salem Police Department
NC Association of Private Investigators
Join us for the July Triangle meeting of the NC Association of Private Investigators Date:  July 23, 2010 Time:  11:30 am - 1:30 pm Place:  Texas Steakhouse and Saloon, Morrisville, NC Topic:  Interrogations -Conducted by the NC Highway Patrol 
Credit Scores are lower for most Americans
Should credit scores influence employment or tenant screening decisions?  According to the Associated Press, Americans have lower FICO scores than in the past. See http://www.msnbc.msn.com/id/38205674/ns/business-personal_finance FICO INc. states that 1 out of 4 Americans have a credit score below 599, which makes them a poor risk for credit cards, car loans, or home loans under the new lending standards. Restricted access to credit is one reason for the slow recovery of the economy. What are the major reasons for a decline in our scores?

1. 26 million people are out of work or underemployed
2. Millions face foreclosure
3. Those with mid-range scores are finding it harder to qualify for affordable loans
4. Computer generated scores cannot differentiate between people and cause and effect

To read the complete article, click here

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Expunction Laws around the US
Different states have different requirements for expungement of records. Some states only allow non-convictions to be [caption id="" align="alignright" width="500" caption="Trapped by a criminal record"][/caption]expunged, while other states allow for expunction once a certain number of years have passed and no new crimes occurred. According to Lawyers.com, "

The terms "expungement" and "sealing" are often used interchangeably, but there are some differences. "Sealing" is when criminal records are hidden from the general public. "Expunging" a criminal record means that the record is completely destroyed; it's as if the crime never happened" Each state has its own definition of expungement, based on different rules and laws. Some states may not use the term "expungement," but rather terms like "expunction," "removal," or "destruction" of criminal records. And even if the term "expungement" is used, the records may not completely "disappear" and may still be available to law enforcement.

For answers to some questions, please see lawyers.com Here is a state by state look at expunction laws: (provided by www.lawyers.com ) Alabama-

Section 41-9-625 - Erasure of records when there's no conviction, or charges are not filed or dropped after arrest-Expunction of arrest information-If any person arrested or taken into custody is subsequently released without charge or cleared of the offense through criminal justice proceedings, such disposition shall be reported by all state, county and municipal criminal justice agencies to ACJIC within 30 days of such action, and all such information shall be eliminated and removed.

Pardons and Paroles -See  Section 15-22-36 Juvenile Records-must wait 2 years after completion of sentence and not have re-offended. See Section 12-15-103 Alaska-  see lawyers.com

Description	Statute
Purging (destroying) criminal information	Alaska Stat. § 12.62.190
Sealing criminal information	Alaska Stat. § 12.62.180
Expungement of DNA records	Alaska Stat. § 44.41.035
Sealing of juvenile records	Alaska Stat. § 47.10.090
Pardons	Alaska Stat. §§ 33.20.70 and 33.20.80
Inspection and copying of criminal information	Alaska Stat. § 12.62.160

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How to Expunge a criminal record
Different states have different requirements for expungement of records. Some states only allow non-convictions to be expunged, while other states allow for expunction once a certain number of years have passed and no new crimes occurred. According to Lawyers.com, "

The terms "expungement" and "sealing" are often used interchangeably, but there are some differences. "Sealing" is when criminal records are hidden from the general public. "Expunging" a criminal record means that the record is completely destroyed; it's as if the crime never happened" Each state has its own definition of expungement, based on different rules and laws. Some states may not use the term "expungement," but rather terms like "expunction," "removal," or "destruction" of criminal records. And even if the term "expungement" is used, the records may not completely "disappear" and may still be available to law enforcement.

For answers to some questions, please see lawyers.com Here is a state by state look at expunction laws: (provided by www.lawyers.com ) NOTE-THIS IS A WORK IN PROGRESS, AND HAS BEEN MOVED TO ITS OWN PAGE FOR COMPLETION
Personal Protection/Self Defense Class-class rescheduled
What is better "taking control of the situation" or using a weapon such as a gun or taser? Carolina Investigative Research is offering a class in Personal Protection or Self Defense. If  interested call or email me. Maximum of 14-16 people per class. Class is set for August 14, 2010 from 8-5. Learn what to do if an intruder enters the house, or how to "get away" if the intruder/assailant grabs you. Class Instructor is Woody Best, Retired US Customs, Senior Special Agent; Senioir Instuctor at the Federal Law Enforcement Training Center, and Master Instructor with the Ronin Police Defensive Tactics Association.
Spy Software and Private Investigators
Some private investigators found a new niche when keylogging software became available. The manufacturers of this software would advertise at the local PI conferences. Private investigators who thought this would help clients solve cheating spouse cases gladly purchased the software, learned to use it and began to install the software on client computers. Even employers had the software installed to determine what employees were doing on business computers.  At the same conference, we would listen to attorney's tell us that it was illegal to obtain spouses email, so many of us stayed away from this type of service. Looks like once again, there is no easy way to make money. The Federal Trade Commission now bars the marketing of keylogging software. (One less vendor at the conferences) On June 2, 2010 issued the following news release:

The FTC is announcing a settlement that bars the sellers of the “RemoteSpy” keylogger from advertising that the spyware can be disguised and installed on someone else’s computer without the owner’s knowledge. It requires that the software provide notice that the program has been downloaded and obtain consent from computer owners before the software can be installed. In 2008, the FTC filed suit against CyberSpy Software, LLC and its owner, Tracer R. Spence, alleging they were violating the law by advertising and selling RemoteSpy, a keylogger software program that the defendants touted as a “100% undetectable” way to “Spy on Anyone. From Anywhere.” According to papers filed with the court, the defendants provided their clients with detailed instructions explaining how to disguise the spyware as an innocuous file, such as a photo, attached to an e-mail. When the e-mail recipient clicked on the attachment, the RemoteSpy program was downloaded and installed without the victim’s knowledge. The spyware recorded every keystroke typed on an infected computer; captured images of the computer screen; obtained passwords, and recorded Web sites visited. To access the information gathered and organized by the spyware, RemoteSpy clients logged into a Web site maintained by the defendants. The final Order bars the defendants from providing purchasers with the means to disguise the product as an innocent file or e-mail attachment. It also requires that they inform purchasers that improper use of the software may violate state or federal law. The final Order also requires the defendants to take measures to reduce the risk that their spyware is misused, encrypt data transmitted over the Internet, police their affiliates to ensure they comply with the order, and remove legacy versions of the software from computers on which it was previously installed.

To read the complete release, click here The Federal Trade Commission provides a website to help consumers protect themselves online.  http://www.onguardonline.gov. It provides a wealth of information including this game...The Case of the Cyber Criminal
Credit reports and background screening
More and more legislation is being proposed that would eliminate the use of credit reports in background screening. What should an employer or landlord consider? The Federal Trade Commission provides guidelines to landlords, employers and background screening companies. What is a credit report? A credit report is defined by the Federal Reserve as "a loan and bill payment history, kept by a credit bureau and used by financial institutions and other potential creditors to determine the likelihood that a future debt will be repaid." According to the FTC (Federal Trade Commission) a credit report contains information about where a consumer lives, pays bills, has been sued or filed bankruptcy. The credit bureaus then sell that information to creditors, insurers, employers and other businesses that use it to determine whether or not to extend credit, employment, tenancy, membership, etc. The information affects whether or not a consumer gets a loan and how much interest it will cost to borrow the money. The accuracy of the report is paramount to both the consumer and to businesses who use credit reports. It is an indication of "creditworthiness" i.e. a creditor's measure of a consumer's past and future ability and willingness to repay debts. Good credit is valuable. Having the ability to borrow funds allows us to buy things we would otherwise have to save for years to afford: homes, cars, a college education. Credit is an important financial tool, but it can also be dangerous, leading people into debt far beyond their ability to repay.  A credit history or "credit report" shows prospective lenders whether a consumer is creditworthy by revealing details about the amount of debt the consumer may already have, how many credit cards, and whether the consumer makes payments on time.

Among the most common reasons people are turned down when they apply for credit are:

• Too little time in current job or at current residence.
• Too much outstanding debt.
• Unreasonable purpose for requesting credit.
• Cosigner cannot take on additional debt liability.
• Errors on applicant's credit report
• Strict creditor's standards.

See http://www.frbsf.org/publications/consumer/credit.html#footer2 for more information.

For employers-a credit report is often used to indicate an employees ability to manage money for the employer. It is essential when considering a person's ability as a salesman, any financial position or human resources. For landlords-a credit report indicates the ability of the individual to pay monthly rent. How credit cards are paid is an indication of how the individual pays monthly bills. Now many Americans are finding themselves out of work and the bills are mounting.
Background screening-Is it just a check?
Background screening is a traditional tool of the investigator. Every investigation should begin with a background check. Who is the person under investigation? What is his history? Does the subject have a propensity to violence? Background investigations seek to answer the question, "Who is this person?". Although long used by investigators, employers have also wanted the answer to the same question. Background screening came into play for employers by the late 1980's. Traditionally background checks were conducted by licensed private investigators. Today, due to lack of effective private investigator licensing, many non-investigative companies are involved in background screening. Today many databases are available on the web offering a criminal record check, address verification etc with no concern for accurate information. Many people like a quick and dirty look at a person, without realizing the website may contain errors.  It has been verified numerous times by professional background screening companies that the information provided by many online websites are inaccurate, have programming errors that result in faulty results and are not legal to conduct employment or tenant screening.  Although the databases have value to professional search companies, the use by the general public should come with a disclaimer. 'THIS IS FOR ENTERTAINMENT ONLY, THE RESULTS MAY OR MAY NOT BE ACCURATE. I intend to offer more detail about database searches in future posts. Many large employment screening companies today send employment screening applicants personal information to overseas companies to conduct background screening on the applicants. As the US does not have "privacy laws", there is nothing to prevent these companies from sending personal data to be processed overseas. It is a sad day, when a criminal record check on an American is conducted overseas. Evidently "privacy laws" do not apply to Americans anywhere in the world and our personal data has no restrictions. Anybody anywhere in the world can obtain the personal data of Americans. Every job applicant should ask the company where they are applying who conducts the background checks and whether or not the applicant's personal information, (name, date of birth, social security number, driver's license) will be sent out of the country. Companies who retain background companies should ask how the work is conducted. Who does the background check? Is it conducted by a license US investigator, or by a clerical person in India or China. A company's membership in NAPBS does not mean the company conducts quality backgrounds. It only means they paid the membership fees. NAPBS is a "anyone can join" association. So on the membership lists, am employer will find many companies that are not "professional background screeners", but database companies that no one should use for anything other than "entertainment" Background screening is a critical part of employment decision making. It has a major impact on a potential employees ability to obtain a job or a promotion, a renters ability to live in a domicile, and according to the internet-get a date. Background screening should be conducted honestly and accurately. Employers and employees depend on it. Landlords and renters depend on it. It should be about the facts and not about entertainment.

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About
This blog is to assist clients with the latest information about background screening and investigations. Currently the blog has a main page for background screening and a page for investigations. Knowing that search engines only search the main page, investigation articles will also be placed on the main page, while articles on interest mainly to the profession will be found on the Investigations page. Carolina Investigative Research Inc. (CIR) is located in Cary, NC. It is an investigation company  licensed in North and South Carolina.
Hello world! We are moving the blog
Many of our readers have enjoyed our blog on Wordpress, We are now putting the blog on the website so clients don't have to leave our site to read the blog.  To see the old blog, click here or the Carolina Investigator is available here. The new blog will contain information about investigations and background screening.