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The Importance of Continuous Criminal Monitoring

When onboarding new team members, your goal is threefold: keep your organization safe, verify the applicant’s professional history, and catch any criminal offenses they may have committed. Background checks can find discrepancies in the provided information, but they can become outdated quickly depending on the individual’s behavior. Even if you have a self-reporting policy for contact with law enforcement in your policy, applicants often aren’t aware or don’t follow them. For the most up-to-date information on team members, continuous monitoring is your solution.

What Is Continuous Monitoring?

Simply stated, Continuous Criminal Monitoring is a process where a Consumer Reporting Agency (CRA), such as One Source, automatically rescreens selected individuals each month for criminal activity. This is treated similarly to an initial background check, allowing organizations to view updates to specific components tied to an individual.

Why Is It important?

Organizations may utilize continuous monitoring to ensure that team members continue to meet expectations, uphold company values, and stay out of trouble with the law. You may never be aware of new charges brought against someone if you don’t check up on them on a reoccurring basis.

For example, the U.S. Department of Defense vets their personnel using a version called Trusted Workforce (TW). Established in 2018 and planned to reach full Continuous Vetting (CV) status by October 1, 2023, they have already found success in this program. As reported by the DOD, the Defense Counterintelligence and Security Agency (DCSA) was alerted to a fugitive arrest warrant the day following an incident, allowing them to apprehend the individual and revoke their security access quickly.

“If we had not had this individual enrolled in continuous vetting, there’s a high potential that we may not have been aware of the situation until the next periodic investigation, which would have been five and a half years later,” Heather Green, Assistant Director of Vetting Risk Operations for the DCSA said.

Getting Started

To ensure your organization is protected and you stay informed on team member activity, consider incorporating continuous monitoring into your background screening program. Make sure expectations are clear and state your policy plainly to allow no room for misinterpretation.

One Source can help set your organization up for success with monthly, automatic checks of the Global Report, Multi-Court Jurisdictional Database, and National Sex Offender Registry. If we find a hit, we’ll conduct a County Criminal/Statewide search to verify accuracy.

For more information on this service, or if you’d like to add it to your screening process, contact us here. We’re here to empower you to make informed decisions.

Clean Slate Laws: What Employers Need to Know

It’s no secret to hiring managers that fair chance hiring laws have gained momentum in recent years. However, confusion remains about how these affect an organization’s onboarding process throughout employment screening. Some, such as the Fair Chance to Compete for Jobs Act of 2019, have been enacted at a federal level, while others differ from state to state, such as “Ban the Box” laws. Clean slate laws are another prominent example of the latter, which we will cover here to keep you and your team informed whether these laws have been codified in your state or legislators are considering doing so.

What Are Clean Slate Laws?

A ‘Clean Slate’ law refers to state legislation passed to allow criminal records to be cleared or sealed from individual records if they stay crime-free for a specified duration. This means that those records don’t appear on background reports. However, not all expungements are automatic in all states, occasionally relying on the individual petitioning the court instead.

A notable exception to these laws occurs in states that have legalized the recreational selling of marijuana. Here, provisions may be put in place to seal non-violent cannabis-related convictions automatically.

How Do They Affect Employers?

Limiting information about applicants may worry some organizations from a risk management perspective, but it’s important not to let it deter hiring efforts. It is still possible to provide a safe workplace as many high-level and violent crimes are not eligible to be hidden or removed. Concerns of recidivism, while valid, should be tempered, as studies show that the risk for re-offense of expungement recipients is very low.

By removing that information from the equation, these laws make it easier for employers who find it difficult not to create unconscious bias when they see criminal records that typically would disqualify the individual from employment. This is also helpful in preventing backlash related to negligent hiring, as withheld criminal information can’t be used as an example of why the individual shouldn’t have been hired.

Clean Slate States

As of this writing (February 2023), ten states have passed clean slate laws. Click a state in the table below to view the associated bill:

State Year Signed Into Law
Pennsylvania 2018
Utah 2019
New Jersey
Michigan 2020
Connecticut
Delaware 2021
Virginia
Oklahoma 2022
Colorado
California

Employer’s Responsibility

If your state already has a clean slate law in place, it’s important to stay up to date on any changes and adjust your screening policy accordingly. Pay close attention to the legislation that enacted these regulations and any amendments applied, consulting your legal counsel if issues arise. If your state has not established these laws, keep an eye out for the introduction of such bills as campaigns are being run in Illinois, Kentucky, Minnesota, Missouri, New York, Oregon, and Texas to further the adoption of programs like these.

Regardless of your company’s state, it’s important to remember that background screening is still crucial to effective onboarding. High-level crimes, those on the federal or international levels, and those linked to the National Sex Offender Registry will continue to be uncovered in any state.

For more information on sealed and expunged records, read Do Expunged Records Show Up on Background Checks?