National Association of Professional Background Screeners

Private Investigation Bureau
License # A06820

 

Frequently Asked Questions

Questions

I've been given advice not provide employment references, and to give only title and dates of employment. Why?
This is common advice from those knowledgeable about state employment law, yet who are not as experienced in the employment-related use of the Fair Credit Reporting Act (FCRA), a provision of federal law. The FCRA is the foundation for our program and provides immunity from prosecution. If proper procedures are followed and the client understands their responsibilities, the FCRA provides protection. Any legal causes of action will be heard in federal court, not state court, which has been a disincentive for potential lawsuits to be filed. A challenge to the use of our termination reasons as part of pre-employment screening has not been successful.
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Can't I get reliable previous employment information directly from other employers without using GroupOne?
Apart from the FCRA's provisions protecting information provided through organizations such as GroupOne, providing information on previous employees may subject employers to state causes of action for libel, slander, or defamation.

Recognizing this, many employers will not provide other employers termination reasons for previous employees. Likewise, an employer using anecdotal or undocumented information (such as might be received from former co-workers or even managers) in making employment decisions may be subjected to other causes of action. GroupOne's processes protect both employers under the umbrella of the FCRA.
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Do I have to give termination information?
No, but it is important that facilities receiving termination information participate in a reciprocal relationship with our other employer clients.
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What if I don't understand a report or need a question clarified?
We have a professional help desk staff available during our extended business hours, so you can be sure to speak to a real person when you have any questions. Our help desk staff is responsible for researching and answering your questions, and responding with an answer on the same business day.
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Do you report "deferred adjudication" criminal cases?
Yes, deferred adjudication is reportable. It is not a conviction; however, the individual has admitted guilt in court.
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How do I find out what is on my file?
At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently.

There is no charge for the report if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that

  1. you are unemployed and plan to seek employment within 60 days
  2. you are on welfare,
  3. your report is inaccurate due to fraud.

Otherwise, a CRA may charge you up to $10.50

(For more information click here for A Summary of Your Rights Under the Fair Credit Reporting Act)
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If there is something incorrect on my file, what can I do?
The goal of GroupOne is to provide accurate information.

If you tell a CRA that your file contains inaccurate information, the CRA must reinvestigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAs to which it has provided the data of any error.) The CRA must give you a written report of the reinvestigation, and a copy of your report if the reinvestigation results in any change. If the CRA's reinvestigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change.

Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not required to remove accurate data from your file unless it is outdated (as described below) or cannot be verified. If your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source.

You can dispute inaccurate items with the source of the information. If you tell anyone—such as a creditor who reports to a CRA—that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you've notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error.

(For more information click here for A Summary of Your Rights Under the Fair Credit Reporting Act)
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Who has access to my file?
Access to your file is limited. A CRA may provide information about you only to people with a need recognized by the FCRA—usually to consider an application with a creditor, insurer, employer, landlord, or other business.

Your consent is required for reports that are provided to employers, or reports that contain medical information. A CRA may not give out information about you to your employer, or prospective employer, without your written consent. A CRA may not report medical information about you to creditors, insurers, or employers without your permission.

(For more information click here for A Summary of Your Rights Under the Fair Credit Reporting Act)
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