A
Acquittal: The legal and formal certification of the innocence of a person who has been charged with crime; a deliverance or setting free a person from a charge of guilt; finding of not guilty.
Adjudication: The ability to automate a judgment based on background screening outcome. This judgment often results in “meets requirements” or “does not meet requirements” outcome. Once adjudication takes place automatic distribution and/or adverse action can occur.
Adjudicated Guilty – Conviction: The defendant has been found guilty of the charges.
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.
Adulterated specimen: A specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine.
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.
Arraignment: Procedure whereby the accused is brought before the court to plead to the criminal charge against him in the indictment of information.
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B
Bail / Bon Forfeiture – Non-conviction: The charges against the defendant are dropped. Not enough evidence to convict.
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C
Chain of Custody: The procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF).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.
Confirmed drug test: A confirmation test result received by an MRO from a laboratory.
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.
Conviction: The result of a criminal trial, which ends in a judgment or sentence that the accused is guilty as charged.
Criminal plea: The defendant’s response to a criminal charge (guilty, not guilty, or nolo contendere).
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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.
Defendant: The party against whom relief or recovery is sought or the accused in a criminal case.
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.Dilute specimen: A specimen with creatinine and specific gravity values that are lower than expected for human urine.
Dismissal: An order of judgment finally disposing of an action, suit, motion, etc., without trial of the issues involved.
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E
Expungement of record: Process by which record of criminal conviction is destroyed or sealed after expiration of time.
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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.
Felony: A crime of a graver or more serious nature than those designated as misdemeanors.
Form I-9: 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.
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G
Guilty in Absentia – Conviction: The jury has found the defendant guilty without them having appeared in court.
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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.
Human Resource Information Systems (HRIS) or Human Resource Management Systems (HRMS): 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.
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I
Ignored – Non-conviction: The case never went to trial. It was ignored by the state.
Indictment: A formal written accusation originating with a prosecutor and issued by a grand jury against a party charged with a crime. An indictment is referred to as a “true bill”, whereas failure to indict is called a “no bill”.
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M
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: Offenses lower than felonies and generally those punishable by fine, penalty, forfeiture or imprisonment otherwise than in penitentiary.
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.
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N
Nolle Prosse – Non-conviction: Latin term meaning “Not Prosecuted.” This means there was not enough evidence to convict the defendant. The case is dropped.
Nolo Contendre – Conviction: Latin term meaning “No Contest.” The defendant has pled no contest to the charges against him or her, therefore the court finds them guilty.
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.
Non-Adjudication of Guilt – Non-conviction: Same as adjudication withheld.
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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.
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P
Parole: Release from jail, prison, or other confinement after actually serving.
Part of sentence: Conditional release from imprisonment, which entitles parolee to serve remainder of term outside confines of an institution.
Plaintiff: A person who brings an action. A person who seeks remedial relief for an injury of rights; it designates a complainant.
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-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.
Prosecute: To proceed against a person criminally.
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R
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: 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.
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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.
Suspended sentence: In criminal law, a suspended sentence means in effect that the defendant is not required at the time sentence is imposed to serve the sentence.
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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.
Warrant for arrest: A written order of the court which is made on behalf of the state or United States and is based upon a complaint issued pursuant to statute and/or court rule and which commands law enforcement to arrest a person and bring them before court.
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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.
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