TERMINOLOGY

A

Adjudicated Guilty – Conviction:  The defendant has been found guilty of the charges through the court system.

Adjudication Withheld – Non-conviction: The court does not give a final judgment regarding the case. The defendant is given probation, a program or community service in which they have a specified amount of time to complete. If the defendant complies, the case may be dismissed, depending on the county/state. If they do not dismiss in that particular county / state, then the disposition remains adjudication withheld and the case is closed. However, if the defendant is found in violation, the case disposition may be changed and the defendant can be found guilty.

Applicant Tracking System (ATS): Any system, whether in paper or software form, that manages both an organization’s job posting and data collection (i.e., resume/applications) process to efficiently match prospective candidates to the proper positions.

ARD Program – Non-conviction: Mostly found in the state of Pennsylvania, this stands for “Accelerated Rehabilitative Disposition Program.” This program is given to the defendant in place of adjudication. If the defendant completes the program, the case is closed.

B

Bail / Bon Forfeiture – Non-conviction: The charges against the defendant are dropped. Not enough evidence to convict.

C

Conditional Discharge – Non-conviction: The defendant has no finding of guilt. The court is discharging him/her from trial on special conditions that they must follow. If they do not abide by these conditions, the discharge may be revoked and the finding may become guilty.

Consumer Report/Investigative Consumer Report (CR/ICR): A report that provides information to creditors, employers and landlords with information gathered on criminal, civil and/or financial information.  An investigative consumer report also includes interviews of previous employers and/or references.

Consumer Reporting Agency (CRA): A bureau that gathers and provides information about individuals – such as if they pay their bills on time or have filed bankruptcy – to creditors, employers, and landlords. Companies that perform pre-employment screening services are also considered CRAs and are governed by the FCRA, as are the employers that use background screening services.

Cost-per-hire: A common measure used in human resources to evaluate the average costs incurred in recruiting and hiring new employees. Generally, the equation is total recruitment costs divided by total number of new hires. Typical components of this measure include relocation costs, advertising/job board fees, interviewing expenses, referral bonuses, recruitment staff compensation, skills assessment and pre-employment screening.

 

D

Dead Docket – Non-conviction: Often seen in Fulton, Georgia, there is not enough evidence that shows the defendant is guilty or that he is innocent. The case is set aside. If not brought back up, case is closed.


Deferred Adjudication/Judgment – Non-conviction: The defendant has no finding of guilt. The judgment is set-aside for a deferred amount of time and the defendant must comply with any conditions given to him / her. The case can be dismissed depending on the county / state if the defendant completes all requirements.


E

EDEX: California Workers’ Compensation Litigated Claim History of employment related injuries.

Equal Employment Opportunity (EEO): A system of employment practices regulated by the EEOC under which individuals are not excluded from any participation, advancement, or benefits due to race, color, religion, sex, national origin, or any other action that cannot lawfully be the basis for employment actions.


Equal Employment Opportunity Commission (EEOC): The federal agency responsible for administration of several statutes that prohibit discrimination; has power to subpoena witnesses, issue guidelines that have the force of law, render decisions, provide technical assistance to employers, and provide legal assistance to complainants.


eRecruiting: Recruiting methods that take place via the Internet.


Extended Workforce: The portion of a company’s workforce made up of temporary employees, vendor employees and independent contractors.

 F

Fair Credit Reporting Act (FCRA): The FCRA is designed to protect individuals, by promoting accuracy, fairness, and privacy of information in the files of every Consumer Reporting Agency (CRA). Companies that perform pre-employment screening services are governed by the FCRA, as are the employers that use background screening services.


Form I9: Federal form required of all appointees to verify their U.S. citizenship, or if they are aliens, their eligibility for employment in accordance with the Immigration and Naturalization Act of 1986.


Fugitive File – The case has not been to trial: Found in Virginia. The same as Returned Un-served below.

 G

Guilty in Absentia – Conviction: The jury has found the defendant guilty without them having appeared in court.

 H

HR-XML: An operating language established by voluntary members of the human resources community who agree to use common definitions to facilitate automated exchange of all HR-related data between organizations. HireRight is a founding member of the HR-XML Consortium.


Human Resource Management Systems (HRMS), aka Human Resource Information Systems (HRIS): Software-based systems that manage all or a part of the human resources function of an organization. Typical functionality includes employment demographics, benefits/compensation management, training, payroll and reporting.

 I

Ignored – Non-conviction: The case never went to trial. It was ignored by the state.

 M

Management reports: Reports designed to reflect pre-screening report activity. An example is a report that displays turnaround time for reports and types of reports ordered. This is different from the pre-employment screening report, which displays information specific to the individual candidate.


Medical Review Officer (MRO): A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results.


Misdemeanor Intervention Program – Non-conviction: A program designated only for misdemeanor offenses in which the defendant may comply to the conditions of the program in order to avoid conviction.

N

No Papered – Non-conviction: The paperwork was never sent to the court by the District Attorney and the case was never filed. Therefore, it was never brought to trial.


Nolle Prosse – Non-conviction: Latin for “Not Prosecuted.” This means there was not enough evidence to convict the defendant. The case is dropped.


Nolo Contendre – Conviction: Latin for “No Contest.” The defendant has pled no contest to the charges against him or her, therefore the court finds them guilty.


Non-Adjudication of Guilt – Non-conviction: Same as adjudication withheld.

 O

Other – Non-conviction:

Defendant is given special provisions for one year to abide by since this is a first offense. If no further violation of the same nature occurs, case is closed.

P

Prayer for Judgment – Non-conviction:

Often seen in North Carolina, it falls under deferred prosecution, meaning the state did not prosecute. For example, with worthless checks it gives the defendant a chance to pay the check before being charged.


Pre-employment screening: Pre-employment screening services can include background screening, drug screening, skills assessment and behavioral assessment. A thorough background screen verifies important factual information about a prospective employee (i.e. identity, employment history, education credentials). It also helps gain critical information about an applicant’s character and past history that isn’t always apparent in an interview or application, such as criminal history, credit history, and driving record.


Pre-Integrated: A term used for integrated software solutions that have been jointly developed, built, tested and proven prior to being released to the public.


Pre-Trial Intervention/Diversion – Non-conviction: A program the defendant is placed in before going to trial. If the defendant complies prior to trial time, the trial will not be held for the charge and the defendant is not convicted.


Process Other – Non-conviction: Defendant was not charged on this count due to being charged for another count.

 R

Refused – Non-conviction: Refused – Non-conviction


Rejected – Non-conviction: The case never went to trial. The state rejected the hearing of the case.


Responsible – Non-conviction: The defendant is responsible for the payment of the fines or fees of the crime. They are not found in guilt, however, must pay what they are ordered. Often found on traffic tickets or minor violation.


Returned Un-served: Found in North Carolina. The case has not been to trial at this time. A warrant, summons or paper from the district attorney’s office was issued for delivery to the defendant to appear for trial; however, the defendant could not be located. Therefore, the case is technically pending; however, the paperwork was never served.

S

SSL (Secure Sockets Layer) encryption: A protocol designed to provide secure encrypted communication over the Internet.

Stet Docket – Non-conviction: Will not prosecute at this time. Eligible to be re-opened for one year if a violation is committed during that time. After the one-year period and no violations have been committed, it cannot be re-opened and the case is closed.


Stricken Off Leave – Non-conviction: Often seen in Illinois, the case has been stricken off docket with the ability to reinstate at a later date if deemed that the case can be prosecuted. This is often because the prosecutors run out of time to prosecute.


T

Time-to-hire: A common measure used in human resources to evaluate the average amount of time it takes to fill an open position. This is normally measured from the point the job request is submitted by the hiring manager to the point the new employee walks in the door.

W

Waived – Conviction: Mainly found in the state of North Carolina. This means the defendant has waived his / her right to trial and has pled guilty to the charges. In turn, the court accepts the plea of guilty.

 X

XML: Short for Extensible Markup Language. XML is a language designed especially for Web documents. It enables the definition, transmission, validation, and interpretation of data between applications and between organizations.