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September 2024: Issue 1

   
     

LATEST SCREENING NEWS

Has Your Social Security Number Been Stolen? Here’s How to Check and Protect Yourself

You've probably heard the news of the latest massive databreach and the likely possibility of your Social Security number being compromised. If you've been affected, your identity, finances, and credit could be at risk. Below are crucial steps you can take to check if your Social Security number (SSN) has been stolen and what to do next to protect yourself.


1. How to Check if Your SSN Has Been Compromised

First, you'll want to check if there’s been any unusual activity associated with your SSN. Here’s what you can do:

  • Monitor Your Credit Reports: By law, you're entitled to a free credit report from each of the major credit bureaus (Equifax, Experian, and TransUnion) once a year. You can access these reports at AnnualCreditReport.com. Review them carefully for any unfamiliar accounts, addresses, or inquiries.

  • Use a Credit Monitoring Service: Consider signing up for a credit monitoring service, (you likely already have free access due to other breaches), that can alert you to changes in your credit reports, including new accounts or hard inquiries.

  • Check Your Social Security Statement: Log in to your account on the Social Security Administration’s website to review your earnings history. If you notice earnings from employers you don’t recognize, this could be a sign of fraud.

2. What to Do if Your SSN Has Been Stolen

If you find evidence that your SSN has been stolen or misused, take immediate action with the following steps:

  • Place a Fraud Alert or Credit Freeze on Your Credit Reports: A fraud alert will make it harder for identity thieves to open accounts in your name, while a credit freeze completely restricts access to your credit reports. Contact one of the three major credit bureaus to place a fraud alert; they are required to notify the other two.

  • Report Identity Theft to the FTC: Visit IdentityTheft.gov to report the theft. The site will guide you through the steps to create a recovery plan, including placing fraud alerts and closing fraudulent accounts.

  • Contact Your Financial Institutions: Inform your bank, credit card companies, and any other financial institutions where you hold accounts that your identity may be compromised. They can help you monitor your accounts for suspicious activity.

  • Notify the IRS: If you suspect that your SSN is being used for tax-related identity theft, contact the IRS immediately. Fill out the IRS Form 14039, Identity Theft Affidavit, and follow the instructions provided by the IRS.

3. Preventing Future Identity Theft

Taking proactive measures now can help protect your identity moving forward:

  • Limit Sharing Your SSN: Only provide your SSN when absolutely necessary, and be cautious when entering it online. Always ensure the website is secure (look for "https" in the URL).

  • Shred Sensitive Documents: Before disposing of any document containing your SSN or other personal information, make sure to shred it.

  • Regularly Review Financial Statements: Keep a close eye on your bank and credit card statements for any unauthorized transactions.

Need More Help? 

For more detailed guidance on remedying the effects of identity theft, you can also refer to this comprehensive guide by the Consumer Financial Protection Bureau.

New Colorado "Clean Slate Law" Enacted

As a trusted background screening provider, it's important for us to keep you informed about recent legal changes that may impact your hiring processes. A new law in Colorado, known as a "Clean Slate Law", effective as of August 20, 2024, significantly alters how certain criminal records appear—or don't appear—on background checks. We want to ensure you’re fully aware of these changes and how they might affect the reports you receive as Colorado joins twelve other states with similar legislation on the books. 


Why Some Criminal Records May No Longer Appear on Background Checks

The recent law signed by Governor Jared Polis has streamlined and expanded the process for sealing criminal records in Colorado. This development is intended to offer individuals a fresh start, but it also means that you, as an employer, may notice differences in the background reports you receive moving forward.


1. Key Changes Under the New Law

Here's what you need to know about the new legislation and how it impacts background screenings:

  • Automatic Sealing for Certain Offenses: The law introduces automatic sealing of specific misdemeanor and low-level felony convictions once an individual has remained conviction-free for a set period. These records are no longer accessible through standard background checks, meaning you may not see them in future reports.

  • Broader Eligibility for Sealing: The range of offenses eligible for sealing has been expanded, including some non-violent felonies. This means that more criminal records could be hidden from background checks, depending on when they were sealed.

  • Faster Sealing Process: The law also reduces the waiting periods and paperwork required for individuals to seal their records. As a result, you may notice more cases where past convictions are not visible in our reports.

2. What This Means for Your Hiring Process

These changes could impact how you assess potential employees, as certain offenses that previously appeared on background checks might no longer be accessible. Here’s how this might affect your hiring decisions:

  • Reduced Visibility of Past Convictions: With more records being sealed automatically or through an easier process, you may have less visibility into an applicant's past offenses, particularly those that are non-violent or lower-level.

  • Implications for Risk Assessment: While the intention behind the law is to help individuals move forward, it may also require you to adjust your risk assessment strategies, especially for positions where security or trustworthiness is paramount.

  • Legal Compliance: It’s crucial to ensure that your hiring practices remain compliant with the new law. This includes understanding what types of offenses can no longer be considered in employment decisions due to record sealing.

3. Staying Informed and Proactive

To adapt to these changes and continue making informed hiring decisions, we recommend the following steps:

  • Review Your Background Screening Policies: Consider revising your policies to account for the fact that some past offenses may not appear on background checks due to the new law.

  • Consult with Legal Counsel: If you have concerns about how these changes might impact your hiring process, consulting with legal experts can help you navigate the complexities of this new legal landscape.

  • Stay Updated: We will continue to monitor developments related to this law and inform you of any further changes that could affect background screening reports.

We’re Here to Support You

Our commitment to providing accurate and comprehensive background checks remains steadfast, even as the legal landscape evolves. If you have any questions about how this new law might impact your screening reports, please don’t hesitate to reach out to us.

   

COMPLIANCE CORNER

Understanding the FCRA 7-Year Reporting Rule for Non-Convictions

When it comes to reporting criminal history information to clients, it's essential to stay compliant with the Fair Credit Reporting Act (FCRA). One key aspect of compliance is understanding the FCRA's 7-year reporting rule for non-convictions. This rule plays a crucial role in determining what information can be included in background reports provided to our end-user clients.


The 7-Year Reporting Rule Explained

  • Scope of the Rule: The FCRA limits the reporting of certain negative information, including non-conviction records, to a period of seven years from the date of the event. This means that any non-conviction information older than seven years from the date of the last action (such as an arrest or dismissal) cannot be included in a consumer report.

  • Non-Convictions Defined: Non-conviction records refer to criminal charges that did not result in a conviction. This includes cases where the charges were dismissed, the individual was acquitted, the charges were not prosecuted, or disposition was withheld by the court which can include diversionary program participation and prayer for judgements.

  • Impact on Reporting: When preparing a background check, it's vital to ensure that any non-conviction information beyond the 7-year limit is excluded from the report. Failure to comply with this rule can result in legal consequences for both our company and our clients.

Reporting to Clients

  • Criminal Database Searches: When a criminal database search returns a hit, it's our responsibility to verify the age and disposition of the record. If the record is a non-conviction and is older than seven years, it must not be included in the report provided to the client.

  • Verification Process: During the background check process, our team verifies criminal records by matching them with multiple identifiers (e.g., full name, date of birth, Social Security number, address, etc.). This verification ensures that the information reported is accurate and compliant with FCRA regulations.

  • Exceptions to the Rule: It's important to note that some states have laws that may impose stricter limitations on reporting criminal history information. Always consider state-specific laws in conjunction with the FCRA when determining what can be reported.

Key Takeaways

  • Compliance is Critical: Adhering to the FCRA’s 7-year reporting rule for non-convictions is crucial to maintaining compliance and avoiding potential legal issues.

  • Accuracy Matters: Ensure that all non-conviction records are verified and that those older than seven years are excluded from reports.

  • State Laws May Vary: Be aware of and comply with any state laws that may impose additional restrictions on reporting criminal history information.

By understanding and applying the FCRA's 7-year reporting rule, we can continue to provide our clients with accurate, compliant, and reliable background reports.


Need Further Help?

If you have any questions or need further clarification regarding the FCRA's 7-year reporting rule for non-convictions or any other compliance-related concerns, please don’t hesitate to reach out. Our compliance team is here to assist you and ensure that we all adhere to best practices and legal standards.

PRODUCT HIGHLIGHT

Credential Verification Services

Ensuring Trust and Compliance with Credential Verification

At Edify Background Screening, we understand that hiring the right talent isn't just about checking references or criminal backgrounds—it's also about verifying the credentials that applicants claim to hold. Whether you're in the healthcare sector, construction industry, or any other field that requires specific qualifications, ensuring that your employees have the proper credentials is critical to maintaining the integrity and safety of your operations.

Why Credential Verification Matters

In today's competitive job market, the pressure to stand out can lead some candidates to exaggerate or falsify their qualifications. Credential verification is a crucial step in safeguarding your organization from the risks associated with hiring unqualified personnel. By verifying licenses, certifications, and educational backgrounds, you not only protect your organization but also ensure compliance with industry standards and regulations.

Credentials We Can Verify:

We offer comprehensive credential verification services tailored to meet the unique needs of your industry. Some of the credentials our clients often need to verify include:

  • Trade Licenses: Ensure that your candidates hold valid and up-to-date licenses required to perform specific skilled trades.
  • Medical Licenses: Confirm that healthcare professionals have the necessary credentials to provide care, including state-issued medical licenses and certifications.
  • Educational Certifications: Verify degrees, diplomas, and other educational qualifications to confirm that candidates have the necessary academic background.
  • Professional Certifications: Check for certifications required for specific roles, such as CPA (Certified Public Accountant), PMP (Project Management Professional), and others.
  • Training Certifications: Validate that applicants have completed mandatory training programs, whether they are industry-specific or related to compliance.
  • Security Clearances: Confirm that candidates have the appropriate clearance levels for roles involving sensitive or classified information.
  • Continuing Education Credits: Ensure ongoing compliance by verifying that professionals have maintained their credentials through required continuing education.

How We Help

Our credential verification process is thorough and compliant with all relevant regulations. We use a combination of direct communication with issuing bodies, online databases, and other reliable sources to ensure that all credentials are accurately verified. This not only helps you make informed hiring decisions but also protects your organization from potential legal and financial repercussions associated with credential fraud.

At Edify Background Screening, we are committed to helping you build a trustworthy and competent workforce. Let us take care of the details so you can focus on what matters most—running your business with confidence.

For more information about our credential verification services or to discuss how we can support your hiring process, contact us today at 336-283-0237 or visit our website at www.edifyscreening.com.

   

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Disclaimer Please note that the information contained in this newsletter is for informational purposes only and does not constitute legal advice. Readers should not act upon this information without seeking professional legal counsel. Edify Background Screening does not offer legal advice, and nothing contained herein should be construed as such. We strongly encourage you to consult with competent legal counsel before using any information provided in this newsletter.

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