Basic Adjudication Guidelines
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Basic Adjudication Guidelines These materials are provided for general informational purposes only and do not, and are not intended to, constitute legal advice. You should consult your own legal counsel concerning your particular facts and circumstances and any specific legal questions you may have regarding the issues addressed in these materials. As an independent business owner, you remain solely responsible for recruiting, hiring, training, scheduling, supervising and paying the persons who work in your store and those persons are your employees, and not employees of Domino’s Pizza LLC. By providing these materials, we do not assume any of your responsibilities or duties. You may use these materials, or not, at your discretion. Adjudication Results Client must set results to Does Not Meet after HireRight review Adjudication Results Explanation MEETS COMPANY The applicant’s background check results do not trigger any of the defined STANDARDS (MEETS adjudication criteria, allowing the hiring process to continue for the candidate. COMPANY STANDARDS) The applicant’s background check results have triggered some questions. Please PENDING/ Pending Potential review the report details and make the appropriate employment decision. Conflict Does Not Meet Company Once the client sets a report to “Does Not Meet Company Standards”, The FCRA Standards pre-adverse/adverse letter process should start. Social Security Trace (SSN) Item # Description Recommended Adjudication Status 1 Valid SSN Trace Meets Company standards 2 No data or invalid trace Pending 3 No data age 21 and older Pending 4 No DOB available and No data Pending 5 No data under 21 Meets Company Standards SSN Validation Item # Description Recommended Adjudication Status 1 SSN has not been issued Pending 2 SSN belongs to deceased individual. or Pending Issue date precedes DOB. National Sex Offender List Item # Description Recommended Adjudication Status 1 Name does not appear on list Meets Company Standards 2 Name appears on list Pending- Potential Conflict National Criminal Search Item # Description Recommended Adjudication Status 1 Criminal Match Not adjudicated at this step. Results will be adjudicated upon the order of a county criminal and/or statewide criminal search if a hit is returned 2 Prohibited Party Match Pending 3 Sex Offender Match Pending- Potential Conflict *National Criminal Search Notes Sex Offender Hits need to be verified on State Sex Offender registry if National Criminal Search is using a source other than the State Registry in the initial search. 2 Criminal Records Item # Description Recommended Adjudication Status 1 No Record Found or clear record Meets Company Standards 2 Court disposition of dismissed Meets Company Standards 3 Traffic or vehicle code violation ( Except DUI/DWI, refer to Meets Company Standards items 5,6 below) (refer to MVR if included) 4 Misdemeanor convictions except for the following: Pending crimes involving weapons, violence, theft (includes petty theft), robbery, burglary, larceny, embezzlement, dishonesty, misappropriation, fraud, forgery or sex crimes 5 Drunk driving or related conviction (one Pending conviction only) 6 Drunk driving or related (more than one conviction) Pending- Potential Conflict 7 Worthless (bad) check (one conviction or more convictions) Pending 8 Misdemeanor marijuana possession charge of less than 1 Pending ounce over more than two years. (CA law; can apply to other states) 9 Possession of marijuana, drugs (controlled substances) and/or Pending paraphernalia; and possession of less than 1 oz of marijuana in recent 2 years 10 Contributing to the delinquency of a minor Pending 11 Unresolved warrant Pending- Potential Conflict 12 Conviction on a single sex crime Pending- Potential Conflict 13 Any felony conviction except: those listed below Pending 14 Any felony/misdemeanor conviction involving: weapons, Pending- Potential Conflict violence, theft (includes petty theft), robbery, burglary, larceny, embezzlement, dishonesty, misappropriation, fraud, forgery or sex crimes 15 Felony or Misdemeanor pending court decision Pending 16 Three or more misdemeanor convictions (incl. Drive w/o Pending license) within the last seven years not including weapons, violence, theft (includes petty theft), robbery, burglary, larceny, embezzlement, dishonesty, misappropriation, fraud, forgery or sex crimes 17 Sale or delivery of marijuana and/or controlled substances. Pending- Potential Conflict 18 Mob action (AKA gang activity) Pending- Potential Conflict 19 Computer crimes Pending- Potential Conflict 20 Deferred Adjudication, Probation before Judgment includes Pending final adjudication of dismissed. 21 All others Pending Criminal Records Notes: 1) Results of criminal records should only be considered for convictions (with the exception of item 20 Deferred Court Decisions). Court dispositions of dismissed, waived, “nolle prosse”, not guilty should not be considered. The time frame of reportable history of convictions varies by state and the adjudication of these convictions will apply only as far back as legally reportable. 2) Criminal Note: Any Court Records that are a “Possible” match because all information could not be precisely verified; will be adjudicated as Pending* 3 Motor Vehicle Reports Item # Description Recommended Adjudication Status 1 Applicant is less than 18 Years Old Pending- Potential Conflict 3 18 Years old with less than a 2 Year Driving History Pending- Potential Conflict 5 19 Years or older with less than a 1 Year Driving History Pending- Potential Conflict 6 License Status is Suspended, Probationary, Expired, Invalid Pending- Potential Conflict or Graduated, restricted or International 9 Suspensions of six months or more within the last year prior Pending- Potential Conflict to the evaluation. Can be a cumulative total of all suspension time. 10 More than Two Traffic or Vehicle Code Violations within the Pending- Potential Conflict Last Two Years 11 More than Three Traffic or Vehicle Code Violations within Pending- Potential Conflict the Last Three Years 12 More than One Cited Accident within the Last Three Years. Pending- Potential Conflict 13 Combination of 2 or more violations and 1 or more cited Pending- Potential Conflict accidents in the last 2 years. 14 Reckless Driving charge in last 3 years Pending- Potential Conflict 15 Drunk driving or related charge(or a driving suspension as a Pending- Potential Conflict result of a DUI related charge) in last 3 years 16 Being Under the Influence of a Controlled Substance in last 3 Pending- Potential Conflict years 17 Refusing to take a required alcohol test in last 3 years Pending- Potential Conflict 18 Leaving the Scene of an accident / Hit and Run in last 3 years Pending- Potential Conflict 19 Using a vehicle to commit a felony / Vehicular Homicide in Pending- Potential Conflict last 3 years 20 Speed Contest / Racing in last 3 years Pending- Potential Conflict 21 Fleeing and Eluding the Police in last 3 years Pending- Potential Conflict 2 18 Years requires a 2 Year Driving History (2 years from date Meets Company Standards of adjudication) with no breaks over six months (permit time accepted) 4 19 Years or older requires a 1 Year Driving History (1 year Meets Company Standards from date of evaluation) with no breaks over six months. 22 MVR does not contain sufficient data to verify driving history Pending 7 No Record Found Pending 8 Clear Record ( or violation(s) or combination of violations Meets Company Standards not mentioned in MVR Standards ) MVR Notes: 1) Results of driving records will be adjudicated for both charges and convictions 2) Violations to be counted in the MVR standard include all moving violations and also any cell phone or seat belt violation. 3) Secondary violations on the same stop are not counted. ( ie only one violation per stop is to be counted ) 4 .