Frequently Asked Questions
Q. What is the difference between a felony and misdemeanor, and which search is more important?A. Generally, a felony is a crime punishable by fine and/or imprisonment more than one year. A misdemeanor is an offense punishable by fine and/or imprisonment up to one year. Many organizations will not employ anyone convicted of a felony. Other organizations take into consideration the time that has elapsed since the applicant served his or her sentence and the nature of the offense. Misdemeanor offenses vary so widely that employment considerations, if any, are typically based on how the offense relates to the position - for example, a history of alcohol or substance abuse, petty theft, or violent behavior.
Q. Do I need an applicant's signed consent to obtain a criminal history report?
A. No. Court records are public documents. However, it is considered good practice to obtain consent because the information obtained may have obligations under the FCRA
Q. What is the FCRA, and what are my obligations as an employer?
A. FCRA stands for Federal Credit Reporting Act. The FCRA specifies the standards and obligations under which organizations or individuals access credit reports. The act also imposes responsibilities on organizations or individuals who furnish information to consumer reporting agencies. Investigative consumer reports are a special type of consumer report in which information about a consumer's character, reputation, background, and employment is obtained through personal interviews. Consumers who are the subjects of such reports are given special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 of the FCRA outlines the requirements.
Q. Do I need an applicant's prior written approval to obtain a driving history record?
A. Yes. All states have regulations regarding driver privacy protection.
Q. Why do you need a date of birth for background checks? Isn't it illegal for us to ask for this information?
A. Federal Equal Opportunity law prohibits age discrimination in employment. It is permissible, however, to obtain date of birth information on applicants who are being processed for employment. Many academic institutions and motor vehicle departments require this information. In cases where there is a criminal record, date of birth is used as an identifier.
Q. What is your client confidentiality policy?
A. Any information about your company and its employees will be used only to conduct your searches. Synerfax will not release your company information to any other company, organization, government institution, or individual.
Q. Do I need a contract for your services?
A. No, with the exception of clients requesting credit reports, Synerfax is a licensed credit-reporting agency, and as such, has legal obligations for end user certification.