NationalMVR.com is a Subsidiary of Vertical Identity Background Screening www.verticalidentity.com. You cannot order Employment Requests under NationalMVR.com, instead if you are an employer, sign up your business at the following link: http://www.verticalidentity.com/#!sign-up/c1gqi
NationalMVR.com is not a Consumer Reporting Agency. NationalMVR.com provides direct to end user or consumer access to the data that is at the Department of Motor Vehicles for the States that we have a direct connection to which is why we are able to offer discounted wholesale pricing. We only charge a service fee in addition to what the state charges.
If you are an employer, and want to understand why you must use Vertical Identity Background Screening to perform your pre-employment or post-employment searches, please read on. We cover here the reasons why we do not offer this service under NationalMVR.com. If you have any questions about any of the information provided here please call us at 602-899-1606.
Background Check Requirements for Employers
Following is a combined summary of employer requirements under the:
The FCRA (Fair Credit Reporting Act) is the primary federal law regulating employment background checks. Despite its name the FCRA applies to all employment backgrounds checks conducted by a third party whether they include a credit report or not. Third party agencies are called CRA’s (Consumer Reporting Agencies) – Vertical Identity is a CRA as we provide data to employers to help in hiring decisions and we are regulated under the FCRA and so are employers.
Before An Employment Background Check Is Requested From Vertical Identity
- In a document that is separate from any other document (except the written authorization), provide the applicant/employee:
- A clear and conspicuous written disclosure that an investigative consumer report may be obtained for employment purposes and that the report may include information on his/her “character, general reputation, personal characteristics, and mode of living.”
- A statement informing the consumer of his or her right to request a complete disclosure of the nature and scope of the investigation.
- The employer must provide a summary of the applicant’s/employee’s rights (FCRA version) to the applicant.
- The employer must obtain written authorization from the applicant/employee. Also known as a Consent Form
- If the background check involves medical information (e.g. a workers comp history), the consumer must provide specific written consent and the medical information must be relevant.
- Before requesting a report, the employer is required to certify to the Vertical Identity that:
- The employer has followed and will follow all disclosure, authorization, and copy distribution requirements.
- The information obtained will not be used in violation of any federal or state equal opportunity law or regulation.
- The information will only be used for employment purposes.
After A Background Check Report Is Received
- The recipient shall use the report only for employment purposes and only for the employer’s own use. If the report contains medical information, the recipient shall not disclose the information to any other person (except where necessary to carry out the purpose for which the information was disclosed, or as permitted by statute, regulation, or order).
- If a report contains a notice of address discrepancy, the recipient should employ reasonable policies and procedures to know the identity of the person to whom the report pertains.
- Users of background checks must have procedures in place to properly dispose of records containing this information.
If Any Adverse Action Is To Be Taken
Before taking any adverse action, based at least in part on information obtained from an agency, the employer must provide the applicant/employee:
- A notice of the adverse action (sample can be provided by Vertical Identity).
- Information of where they can obtain a copy of the report from.
- A summary of the applicant’s/employee’s rights (FCRA version).
[Note: Employers should provide the applicant/employee time to review/dispute the report.]
After any adverse action under circumstances in which a report regarding the applicant/employee was obtained from an investigative consumer reporting agency, the user of the investigative consumer report shall advise the applicant/employee against whom the adverse action has been taken and supply the applicant/employee a written notice of the adverse action, including
- The name, address, and telephone number of the agency (Vertical Identity) that provided the report.
- A statement that the agency (Vertical Identity) did not make the adverse decision and is not able to explain why the decision was made.
- A statement of the applicant’s/employee’s right to obtain from the agency (Vertical Identity), at no charge, the information in the applicant’s/employee’s file if the applicant/employee requests the report within 60 days.
- A statement of the applicant’s/employee’s right to dispute directly with the agency the accuracy or completeness of any information provided by the agency.
- If the only interaction between the applicant and the user has been by mail, telephone, computer or similar means, see FCRA sec 604 (b) (3) (B).
Exception When Investigating Possible Employee Wrongdoing Or Misconduct
The advance notice, written authorization, and copy requirements do not apply if the report is sought for employment purposes AND is due to suspicion held by an employer of wrongdoing or misconduct by the subject of the investigation. NOTE: After taking adverse action based at least in part on information obtained from an agency, the FCRA does require the employer to disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action was based.
Under the FCRA, an applicant/employee cannot bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against an agency, its customers, or any person who furnishes information to the agency if they are in compliance with the FCRA (except as to false information furnished with malice or willful intent to injure).
Liability For Violations Of The FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution.