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I guess it’s beat up on CORI week.

But they make it so easy.  Yesterday, we posted a story about a school teacher accused of hitting a 14 year old student.  The state of Massachusetts CORI criminal background check didn’t reveal any prior of pending records, but after further investigation after this incident, the school found out that the teacher had a pending assault and battery case.

Well today, we’ve got news of yet another black eye for the so-called “Holy Grail” of background checks for the state’s employers.  A convicted sex offender was hired as a Massachusetts court officer after a CORI search came back clean.  Only problem is that the person was convicted of criminal sexual conduct and burglary in another state.  Whoops! I shouldn’t make light of this situation as this individual now stands accused of new sex crimes.

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Why did this happen?

In addition to the holes we discussed in yesterday’s post, CORI only includes criminal records from the state of Massachusetts.  Therefore, if someone has committed a crime elsewhere, it will not be included in the CORI index.

What Can You Do?

As always, the best practice is to determine where the different locales where a person has resided and conduct a criminal record search at the county level.  If the employer would have conducted an address history search, they would have seen that the individual lived out of state (in this case, South Carolina).  They could then have searched the county in South Carolina where the individual lived, which would have revealed these convictions.

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In a 6-3 decision, the Supreme Court ruled on Tuesday that a convicted sex offender in Alabama did not by law have to register in the state of Indiana because his conviction pre-dates the 2006 passage of the Sex Offender Registration and Notification Act (SORNA).   Thomas Carr, convicted in Alabama in 2004 of first degree sexual abuse of a minor, was arrested in Indiana and faced a 30 month prison sentence for failing to register as a sex offender in that state.  Carr took his case to the Supreme Court arguing that since his conviction pre-dated the SORNA law, imprisoning him for not registering would be unconstitutional.  The Supreme Court agreed.

One of the reasons the Justice’s agreed with Carr was the use of the word “travel” in the language of the Act.  Congress used the present tense of the word (travels), not the past tense (traveled) when referring to sex offenders who move from state to state.  In the Justice’s opinion, if Congress had wanted to make registration requirements retroactive, they would have used the word “traveled.” 

A very big mistake on Congress’ part or too narrow of a reading of the law?  Perhaps both.  Either way, a hard hit to law enforcement and the general public.

So, yet another very valid reason that running a background check in an applicant’s state of residence alone is not a good policy.  If Carr had applied for a position with a company in Indiana that only conducted state of residence background checks, they would not have known about his sex offender status in Alabama.  If running state of residence only checks, employers may miss some very key components of their applicants’ past that could alter their hiring decision by 180 degrees.

Registry law doesn’t apply to all sex offenders, Supreme Court rules

A sex offender who moved from Alabama to Indiana in 2004 does not have to register with authorities because his move predates the registry law Congress enacted in 2006, the Supreme Court ruled on Tuesday.

By Warren Richey – June 1, 2010

A national sex offender registry law does not apply to interstate travel by a sex offender that took place before Congress passed the registry statute in 2006, the US Supreme Court ruled on Tuesday.

In a 6-to-3 decision, the high court rejected the Obama administration’s expansive reading of the Sex Offender Registration and Notification Act (SORNA). Instead, the majority justices embraced a narrower view of the law, while overturning a convicted sex offender’s 30-month prison sentence for traveling to another state and failing to register.

The decision triggered a heated dissent by three justices who warned that the ruling will impair the ability of law enforcement officials to locate and register some 100,000 convicted sex offenders who have eluded authorities.

“Under the court’s interpretation, the many sex offenders who had managed to avoid pre-existing registration regimes, mainly by moving from one state to another before SORNA’s enactment, are placed beyond the reach of the federal criminal laws,” Justice Samuel Alito wrote.

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One of the owners of a masonry company working at the new Zanesville High School was indicted for 10 counts of sex offenses including rape in 2009.

Now the company, Phoenix Masonry, of Newark, has agreed to conduct background checks on all company employees.

Genaro Rosas, of Galloway, one of two owners of Newark-based Phoenix Masonry, was indicted on two counts of rape, two counts of sexual battery and six counts of sexual imposition in a Franklin County Common Pleas Court. However, no court records show Rosas was served with the indictments.

Rosas was arrested on May 26, and was indicted in July. He failed to appear in court in July and a warrant was issued for his arrest, Christy McCreary, a public information officer with Franklin County Prosecuting Attorney’s office, said.

“This is an attempt to put a black mark on Phoenix that I don’t really think we deserve,” Tom Stone of Phoenix Masonry said Wednesday. “We’ve done everything we can to move this issue and the person involved out of the way of getting our work done both here in Zanesville and other places.”

The matter was brought to Zanesville City School’s attention by concerned citizens in December, Terry Martin, superintendent, said. Martin then sent a letter to the Ohio School Facilities Commission about the issue.

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facebookFacebook is working really hard to combat online sexual predators and other deviant behavior on its popular internet portal.  Facebook is the leading online social networking tool with over 300 million subscribers.  This online safety board is a great step towards thwarting this type of activity.  I think a great next step is for them to educate employers on the perils of using its site for background checks.  As our readers know well this is a topic we have written passionately about for a few years now.  We look forward to one day collaborating with the folks over at Facebook on how to better protect employers and applicants alike!

NEW YORK (Reuters) – Social networking site Facebook said it has formed an advisory board comprising five Internet safety organizations to consult on issues related to online safety.

Facebook plans to regularly meet board members to review existing safety resources it provides its users, develop new materials and seek advice on general safety best practices.

The first task of the board will be to oversee an overhaul of safety content in Facebook’s help center.

The organizations on the board are Common Sense Media, ConnectSafely, WiredSafety, Childnet International and The Family Online Safety Institute.

Facebook and rival MySpace, owned by News Corp, have deals with state attorneys general to increase efforts to protect their youngest members from abuse.

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Monday September 20th, 2009

Well its been an interesting week to say the least.  From scandals at ACORN to increased health care debate on Capital Hill.  One thing is sure, there is no shortage of background screening stories.

Kicking it off this weekend is a new Bill in Georgia that would require background checks on people who work inside others homes.

For Amy Scott and others still reeling from a 2008 assault at a north Bibb County home, it’s hard to wait for the accused rapist to go to trial.

Rudolph Valentino Smith, 44, is charged with raping the nanny who was keeping Scott’s 3-year-old daughter at Scott’s home. His case was scheduled to go to trial this week, but it has been postponed.

Scott said knowing the trial is still pending has kept her and her family from really putting the episode behind them and moving on.

“It’s just an emotional roller coaster,” she said. “We’ve still got to relive it and face it.”

The case helped prompt a bill that’s still pending in the state Legislature, said Rep. Allen Peake, R-Macon, who sponsored the measure that would require employers to perform background checks on people who work inside other people’s homes.

Click here for more on this story!

In Diploma Mill news a recent US News and World Report article could cause issues for those trying to verify education of employees. Apparently, A recent study found that more than 530 of the approximately 3,000 mainstream colleges and universities have at least tinkered with their names since 1996.

Click here for more!

Hitting our kids schools is a story about an employee of Churchill County School District in Nevada who has failed to register as a sex offender.  I am a little confused…failed to register?  Why was he working there in the first place?

Click here for more!

We hope you enjoyed our plethora of stories last week as we continue to gather news for the week ahead!

So, that’s it!  Enjoy your week.

If you have stories you would like us to blog about or post please feel free to email us at blog@employeescreen.com

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Another example of how dangerous sex offenders can be.  Perhaps if the offender, Phillip Garrido had a job and not his own business he would have been caught.  Unfortunately, background screening is not done to give someone a business license and operate a company from their home.

Woman kidnapped as an 11-year-old in ’91 found
The alleged abductor and his wife are held. Officials believe that he fathered two girls with the victim.

A woman kidnapped nearly two decades ago when she was an 11-year-old on her way to school was discovered in the Bay Area this week after her alleged abductor aroused the suspicions of a UC Berkeley police officer, authorities revealed Thursday as they began investigating the bizarre case.

Authorities said Phillip Garrido, a registered sex offender, and his wife, Nancy, kept Jaycee Lee Dugard in a ramshackle warren of sheds, tents and tarps behind a fence in the backyard of a home in Antioch, northeast of Oakland.

They believe that Garrido, whom acquaintances described as a “religious fanatic,” fathered two daughters with Dugard, who is now 29. The girls are 11 and 15.

Dugard was reunited with her mother Thursday in an East Bay motel. The Garridos were being held in the El Dorado County Jail in Placerville. They are to be arraigned today.

Dressed in pink, Dugard was walking the few blocks to her bus stop in June 1991 when two people in a car snatched her from her South Lake Tahoe neighborhood. Her stepfather, who witnessed the abduction, leapt on a mountain bike in pursuit.

In the 18 years since, Dugard, whom the Garridos called Allissa, has never been back to school or to the doctor. Nor have her daughters, authorities said.

“It’s a miracle that we got her back,” Carl Probyn, her stepfather, said in an interview at his home in Orange as he displayed pictures of his stepdaughter. “How do you get 18 years back? . . . I just hope that she can have a decent life from here on out. Her life kind of stopped at 11.”

Neighbors and acquaintances said Garrido — who was convicted of rape and kidnapping in 1971 and has been on federal parole since — ran a print shop out of his house, introduced the three as his children and was religious but not aligned with any organized ministry.

A blog called “Voices Revealed,” registered to the 58-year-old Garrido, says God has given him the ability “to speak in the tongue of angels in order to provide a wake-up call that will in time include the salvation of the entire world.”

Garrido’s chance encounter with an officer at UC Berkeley on Tuesday unlocked the mystery of Dugard’s disappearance.

At a packed news conference Thursday in Placerville, El Dorado County Undersheriff Fred Kollar said Garrido and Dugard’s two daughters had gone to the campus to hand out fliers and hold an event of a religious nature.

“A UC police officer observed them and thought the interaction between the older male and the two young females was rather suspicious,” Kollar said.

Standard university procedure requires that anyone handing out literature on campus undergo a background check, Kollar said. During that check, the officer discovered that Garrido had been convicted of rape and kidnapping in Nevada, was incarcerated in federal prison in Kansas, and was later paroled to California.

“Federal parole in his particular case,” Kollar said, “lasts a lifetime.”

On Wednesday, Garrido went to the Concord parole office to meet with his parole officer. It is unclear, Kollar said, if he was ordered to show up or if he volunteered. But he arrived with his wife, Dugard and the two girls.

“During interviews with the three of them — the two suspects and Jaycee — sufficient information was determined from all three of them that Jaycee was who she was purported to be and that these two people only had information that the kidnappers could have known,” Kollar said.

The Garridos were arrested Wednesday.

In a rambling, sometimes incoherent, phone interview with Sacramento station KCRA-TV Thursday, Garrido said that he had not admitted to a kidnapping and that he had turned his life around since the birth of his first daughter 15 years ago.

“I tell you here’s the story of what took place at this house and you’re going to be absolutely impressed. It’s a disgusting thing that took place from the end to the beginning. But I turned my life completely around,” he said.

It was unclear Thursday exactly when Garrido was in and out of prison. Kollar said he was convicted in 1971 on the Nevada federal kidnapping and rape charges.

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While browsing through the App Store on my iPhone this weekend I realized that there really is an app for everything!  Currently in the #6 spot for all paid apps in the Apple App Store is Offender Locator.  This app allows users to view registered Sex Offenders living near their families.

The iPhone’s Latest Hit App: A Sex Offender Locator

Looking over the top 10 paid iPhone apps list today, the list appeared pretty typical: A bunch of games, a camera app, etc. Then I noticed one called Offender Locator [iTunes link], mostly because it has a creepy icon. I figured it was a game — it’s anything but. It’s an app to show you registered sex offenders living around you.

While all 50 states require that sexual offenders register themselves, and allow anyone to access the information online, most people never look at it. That’s why it’s surprising that this app is a top seller — especially considering that it’s not free (it’s $0.99). Certainly, it’s good to be aware of these people living around you — especially if they have committed acts against children, and you have children — but it’s interesting that it’s the iPhone that is making such information ???popular.”

The app allows you to see a list of offenders based on your current location (using the iPhone’s location services), any contact’s address, or it allows you to manually enter an address. The app then scours the database and lists the sexual offenders based on their proximity to the location you gave. You can click on any of these names to get a picture of the person, their information like date of birth, height, weight, and a picture. And you can also see the specific sexual crime they were charged with.

But, as you might imagine, such an app is not without controversy. First of all, there’s a disclaimer when you first load it up warning that all of the information may not be accurate. The reason it gives are that the sexual offender lists are continuously updating, so some parts may be out of date or incomplete.

An even bigger problem is that the app may not be legal in all states. As someone who reviewed the app notes, “This app is not legal, at least under CA law. Selling the personal information of people (even ex-criminals) for profit is forbidden.” It is rather odd that this app costs money when the information is available freely on the web. As a top 10 app, the developer is likely making thousands of dollars a day off of this app.

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According to this article there are a bunch of bills in Louisiana that will expand an employers rights to do background checks to identify sex offenders.

Package of bills targets sex offenders

The Department of Social Services is pushing legislation that would allow for more extensive background checks on employees who have close contact with children.

Currently, state child abuse and neglect investigators, employees with supervisory or disciplinary authority over children, and other employees who could potentially be alone with children, are subject to state background checks and are checked against the registered sex offender database, DSS Secretary Kristy Nichols said.

House Bill 703, sponsored by state Rep. Kay Katz, R-Monroe, would authorize the department to do national background checks on those individuals, as well as staff that license the homes in which abused and neglected children live.

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How Does Teacher Accused of Child Sex, Slip Through Cracks?

A routine traffic stop in Nashville, leads down a road filled with cracks that expose holes in the system when a former Hamilton County teacher accused of sex crimes, is given a teaching job in Nashville and is now accused of doing the same thing there.

Ronald Boykin worked in the Hamilton County school system and at Brainerd High School as a teacher’s aid off and on from the late 90′s until 2005.

When allegations surfaced that year that Boykin was engaging in sexual acts with minors, he was suspended and resigned about two months later. A Hamilton County grand jury indicted Boykin in 2006 on four counts involving the rape, sexual battery by an authority figure, and the attempted sexual battery of three male victims– two of them underage. The incidents date back to 1999.

Yet, despite outstanding warrants for Boykin’s arrest in connection with the crimes, for the last two years, he has been teaching at Donelson Middle School in Nashville: now he’s accused of sex crimes involving two 14 and 15 year old middle schoolers there.

“Thus far the department has identified two boys who say they were victimized and inappropriately touched by Boykin while at his home in Nashville,” Metro police spokesperson Don Aaron says.

Once Nashville Metro police turned up the outstanding warrants on the Chattanooga charges during a traffic stop last week, they contacted the Nashville school system. Those charges were news school administrators.

According to Nashville schools, the TBI conducted three background checks on Boykin. Those checks do not include active warrants, so the man accused of the sexual battery of teenagers, was free to keep teaching.

Making matters worse, Hamilton County department of education spokesperson Danielle Clark says Nashville never called to ask them about Boykin’s personnel file.

“To our knowledge, we do not have any record of a call or contact from Metro Nashville to check about Mr. Boykin,” Clark says. She also says the director of human resources “does not have any recollection of a call coming in.”

If Nashville school administrators had called Hamilton County, Clark says public documents like his suspension letter that details Boykin’s misconduct, and his resignation letter would have been made available. But now, instead, Nashville has allegations and victims of their own claiming Boykin touched them inappropriately.

A TBI spokesperson says, all of the fingers can’t be pointed at Nashville schools. Spokesperson Kristin Helm says the Hamilton County Sheriff’s Office had information on Boykin’s whereabouts; information that was given to them by the FBI  every time a background check was requested, and could have led to Boykin’s arrest.

Sheriff Jim Hammond says he’s looking into it.

“There does appear to be at least two, maybe three times that he applied for a private job where companies that wanted to put him to work, contracted with the TBI to see if there were any warrants on him,” Hammond says. “The manner in which those searches took place is really the critical issue here. I’ve got to trace down who did what at what time to see was there an active warrant on this gentleman.”

Boykin is due in court in Hamilton County for the four sex crimes this Friday, April 3rd. He’s also facing five counts in Nashville.

All of Boykins outstanding charges were readily available as public record on the Hamilton County Court system’s website.

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Some people will go to any lengths to avoid being prosecuted for a crime they committed.  Some will get away with it, some won’t.  Here’s the story of a guy who tried to pull one over on law enforcement – and was almost successful.  Fortunately, the police were able to uncover his scheme and reinstate the charges against him.

Nanaimo man faked his death to flee from charges, police say

‘Dead’ suspect is found in Halifax

Danielle Bell & Paul Walton, Daily News – September 25, 2008

A former Nanaimo man, alleged to have faked his own death in 2004 to escape sex assault charges, was very much alive in provincial court on Wednesday to face renewed charges on the same 2003 allegation.

Jeremy Daniel Oakley, 36, was arrested in Halifax in August and returned to Nanaimo this week to appear in provincial court charged with one count of sexual interference with a person under 16 and one count of sexual assault.

He returns to court in Nanaimo on Oct. 7, and remains in custody at the Vancouver Island Regional Correctional Centre in Victoria.

An obituary in the Halifax Chronicle-Herald on Oct. 7, 2004, said Oakley “passed away suddenly in Toronto as a result of a motor vehicle accident. He is survived by his wife and four children. A resident of British Columbia, Jeremy had only resided in Nova Scotia for a short time. At the request of the family, funeral service will be held in Vancouver, B.C., at a date yet to be determined. He will be sadly missed.”

It stated that the fatal accident happened in Toronto on Oct. 2. Records at the Nanaimo court registry indicate that the initial charges against Oakley were stayed by the Crown on Nov. 24, 2004.

Const. Gary O’Brien, spokesman for the Nanaimo RCMP, said information that Oakley was alive first emerged in August this year.

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