What is the difference between a charge and a conviction?
A charge is what someone is accused of, a conviction is that they were found guilty or pled guilty
What does disposition mean?
The final outcome of a charge
During the interview process, a candidate discloses an offense. Who must be involved before the decision is made to give an offer?
Your ED and VP
What are the 5 types of questions you should use as a guide when getting the full story?
Who? What? Where? When? Why?
Name two things you should do when a background check is pending.
Check periodically for updates, don't assume they do or don't have convictions, call for an update
What search criteria can you use when searching dockets to get the most results?
Name and filing date
True or false: A dismissed charge and a guilty plea mean the same thing.
False
A candidate disclosed one offense during the phone interview but put two offenses on the Background Authorization Form. What should you do next?
Contact the candidate to clarify and get the full story, then discuss it with your ED
Why is it important to get the full story?
We could easily make assumptions based on the results. We get the full story to understand the circumstances surrounding the offense and the candidate's involvement, so we can make a decision that is informed and fair.
A candidate disclosed an offense during the phone interview but said "none" on the background authorization form. What do you do?
Contact the candidate to clarify before running the background
You find three docket entries. How can you determine whether they represent three separate incidents?
Compare the incident numbers and incident dates
What does it mean when a charge is withdrawn?
The prosecution withdrew the charge
Name three items that should be included when sending for fair credit review?
Questionnaire, application, PS/ES notes, Background Authorization Form, background results
A candidate disclosed a DUI. Name two follow-up topics that would help you understand the full story.
Other attached charges, who was in the car, what led to the stop, completion of court requirements, etc.
A Magisterial docket says "held for court". What should you do to determine the final outcome?
Look for the Common Pleas docket that has a matching incident number and review its disposition
You find a docket showing that a charge was held for court. What does this mean?
The case was moved forward for further proceedings (ie. moved to Common Pleas)
What is the term used when a defendant is found not guilty?
Acquitted
Why is it important to enter all the information from the Background Authorization Form, even if some fields aren't required to run the check?
The information can help verify identity and clarify whether a record actually belongs to the candidate
A candidate disclosed a retail theft. What are two questions you could ask to understand the situation?
Call the background company to see if they are able to provide us with what date they're currently working on
Beyond the final disposition, what are some other results you may see for a charge?
Probation, incarceration, fines, community service, etc.
What does ARD stand for?
Accelerated Rehabilitative Disposition
After the decision to move forward or not has been approved, who sends the required letters?
Tonia Witman
A candidate says "I was young, it was a long time ago, and I don't want to talk about it." How do you respond?
Remain neutral and non-accusatory. Explain that you understand it can be uncomfortable but that you need to know the circumstances so the information can be reviewed accurately.
The candidate disputes the background results. What should be done next?
Provide the candidate with the phone number to contact the background check company (Patch or DataFacts). They can dispute it, but that doesn't change our decision until we get different results.