Glossary

A
Acquittal:	The legal and formal certification of the innocence of a person who has been charged with a crime; a deliverance or setting free of a person from a charge of guilt; finding of not guilt.
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 & 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.
B
Bail / Bon Forfeiture – Non-conviction:	The charges against the defendant are dropped. Not enough evidence to convict.
Blind specimen or blind performance test specimen:	A specimen submitted to a laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from an employee specimen.
Burglary:	Is the unlawful entering of a premises with the intent to commit a crime. A burglary does not involve violence.
C
Cancelled test:	A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which otherwise requires to be cancelled. A cancelled test is neither a positive nor a negative test.
Capias:	The general name for several species of writs, common characteristic of which is that they require the officer to take a named defendant into custody.
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 destroy- ed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF).
Civil Case:	Is a court case where one party sues another party, usually for money (damages). Examples are auto accidents, forfeiture, seizures, eviction, divorces & small claims actions.
Collection site:	A place selected by the employer where employees present themselves for the purpose of providing a urine specimen for a drug test.
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 & the finding may become guilty.
Confirmation (or confirmatory) drug test:	A second analytical procedure performed on a urine specimen to identify & quantify the presence of a specific drug or drug metabolite.
Confirmation (or confirmatory) validity test:	A second test performed on a urine specimen to further support a validity test result.
Confirmed drug test:	A confirmation test result received by an MRO from a laboratory.
Consent Decree – Conviction:	This is found in New Mexico. It is designed as a disposition for juvenile cases in which the defendant pleads guilty and is placed on the decree / probation for six months.
Consortium/ Third-party administrator (C/TPA):	A service agent that provides or coordinates the provision of a variety of drug and alcohol testing services to employers. C/TPAs typically perform administrative tasks concerning t he operation of the employers' drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing programs of its members.
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.
Cost-per-hire:	A common measure used in human resources to evaluate the average costs incurred in recruiting & 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.
Criminal Cases:	Is a court case where a person is alleged to have committed a criminal violation.
Criminal Complaint:	In criminal law, a charge, preferred before a magistrate having jurisdiction, that a person named, has committed a specific offense, with an offer to prove the fact, to the end that a prosecution may be instituted.
Criminal Pleas:	The defendant's response to a criminal charge (guilty, not guilty, or nolo contendere).
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.
Default Judgment:	If the defendant fails to provide a written answer "disputing the claim" by mail (or in person) a default judgment may be entered against the defendant.
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 & 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 & specific gravity values that are lower than expected for human urine.
Discovery:	The pre-trial devices that can be used by one party to obtain facts & information about the case from the other party in order to assist the party's preparation for trial.
Dismissal:	An order of judgment finally disposing of an action, suit, motion, etc., without trial of the issues involved.
Dismissal Without Prejudice:	Term meaning dismissal without prejudice to the right of the complainant to sue again on the same cause of action.
Dismissal With Prejudice:	Term meaning an adjudication on the merits, and final disposition , barring the right to bring or maintain an action on the same claim or cause.
Disposition:	The final settlement in a case.
Drug Glossary:	For list of drugs see drug testing tab.
E
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 can't 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.
Evidence:	Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, for the purpose of inducing belief in the minds of the court or jury as to their contention.
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):	FCRA is designed to protect individuals, by promoting accuracy, fairness, and privacy of information in the files of every Consumer Reporting Agency. Companies that perform pre-employment screening services are governed by the FCRA, as are the employers that use background screening services.
Felony:	One of several grave crimes, such as murder, rape, or burglary, punishable by a more stringent sentence than that given for a misdemeanor. A felony is a crime that carries a potential penalty of more than a year in prison.
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.
Indictment	A written accusation by a grand jury, filed with a superior court, which charges one or more defendants with the commission of one or more offenses, at least one of which is a crime, and which serves as a basis for prosecution thereof.
Infraction:	A minor violation which is not a criminal act.
J
Judge:	Any judicial officer who is a member of or constitutes a court, whether referred to in another provision of law as a justice or by any other title.
Judgment:	Is comprised of conviction and the sentence imposed thereon and is completed by imposition and entry of the sentence.
L
Larceny:	Encompasses any wrongful taking of property.
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 & reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results.
Misdemeanor:	An offense less serious than a felony. Misdemeanor carries a prison term less than a year.
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
Plea:	An allegation offered in pleading a case, a defendant's answer to the declaration made by the plaintiff in a civil action, the answer to the accused to a criminal charge or indictment, a special answer defending on or demonstrating one or more reasons why a suit should be delayed, dismissed, or barred in equity law, an action or suit.
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.
Primary specimen:	In drug testing, the urine specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system; and for the purpose of validity testing. The primary specimen is distinguished from the split specimen, defined in this section.
Process Other – Non-conviction:	Defendant was not charged on this count due to being charged for another count.
R
Rejected – Non-conviction:	The case never went to trial. The state rejected the hearing of the case.
Replevin:	An action for the recovery of an item that hasn't been paid for or been wrongfully taken.
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.
Robbery:	Is a larceny accompanied by violence or threats, including a finger under the jacket to indicate a gun.
S
Sentence:	A court judgment, especially a judicial decision of the punishment to be inflicted on one adjudged guilty.
Stipulated Dismissal:	Is an agreement between the parties in a civil case. If the agreement is not followed, the plaintiff can file an affidavit of default wherein the judgment can be entered without notice to the defendant.
Split specimen:	In drug testing, a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result.
SSL (Secure Sockets Layer) encryption:	A protocol designed to provide secure encrypted communication over the Internet.
SOL:	Stricken with leave (this is not an arrest record, did not prosecute).
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 can't 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.
Substituted specimen:	A specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine.
T
Theft:	Is larceny without a threat or violence, such as a picked pocket. Many forms of white-collar financial crimes are variations of theft. (examples: fraud, tax evasion, auto theft)
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.
Trial	Examination of evidence & applicable law by a competent tribunal to determine the issue of specified charges or claims.
V
Verdict:	The announcement by a jury in the case of a jury trial, or by the court in the case of a non-jury trial, of its decision upon the defendant's guilt or innocence of the charges submitted to or considered by it.
Verified test:	A drug test result or validity testing result from an HHS-certified laboratory that has undergone review and final determination by the MRO.
Violation:	An offense less than a misdemeanor - speeding or petty littering for example.
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.