Glossary of Terms for Background Screening and Drug/Alcohol Testing

The legal certification of the innocence of a person who has been charged with a crime.

A substance that is not expected to be present in human urine that is identified in the specimen. A substance that is expected to be present in human urine is identified at a concentration so high that it is not consistent with human urine. The physical characteristics of the specimen are outside the normal expected range for human urine. Examples: Nitrates, Chromates, Hydrochloric Acid, Bleach, Agents that affect pH.

A lawsuit within a bankruptcy case.

A written statement of facts signed and sworn to in front of a notary or other qualified person.

A criminal assault accompanied by aggravating factors, such as criminal assault committed with intent or causing serious bodily injury, especially with the use of a dangerous weapon, or a criminal assault accompanied by commission or the intent to commit a felony.

The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol.

The drinking or swallowing of any beverage, liquid mixture, or preparation, including any medication, containing alcohol.

A request by either the defense or the prosecution that a case be removed from a lower court to a higher court in order for a completed trial to be reviewed by the higher court.

The process of resolving a dispute or a grievance outside of the court system by presenting it to an impartial third party or panel for a decision that may or may not be binding.

The formal appearance of an accused person to hear the charges against them in the presence of a judge, and then to enter a plea.

To detain someone in legal custody.

A warrant issued to a law enforcement officer ordering the officer to arrest and bring the person named in the warrant before the court or a magistrate.

The felony crime of intentionally causing a fire or explosion, destroying or causing damage to a building or property.

The crime or tort of threatening or attempting to inflict immediate physical or bodily harm or, that puts the victim in fear of such harm or contact.

Combination of the two crimes of threat (assault) and physical harm (battery). Both are also intentional civil wrongs for which the injured party may file a suit for damages.

A criminal assault committed with the intent to commit another specific crime.

To actually try to commit a crime and have the ability to do so. This means more than just thinking about committing a crime or planning to do so. It also requires opportunity and ability.

Money or personal recognizance placed as security with the court in order to guarantee that the person who has been arrested will appear in court at the proper time.

Bankruptcy is a legal procedure designed to protect a person who is unable to pay his/her bills. Once a person files a bankruptcy petition, creditors are stopped from continuing to collect on debts until the Court has sorted them out.

A beating, or wrongful physical violence. The threat to use force is an assault; the act is battery, which usually includes an assault.

The seat occupied by the judge or more broadly the court itself.

An order issued by a judge for an arrest.

To wave or flourish a weapon menacingly.

A person who instructs and assists employees in the alcohol testing process and operates an evidential breath-testing device.

The crime of breaking and entering with intent to commit a crime.

The movement of a case from the jurisdiction of one court to that of another court which has the same subject matter jurisdictional authority but is in a different geographical location.

This is a “reorganization” or “debt adjustment.” bankruptcy. This type of bankruptcy allows a person to pay debts, or parts of debts, from current income over a period of up to five years.

A “straight” or “liquidation” bankruptcy. It allows a person to discharge his/her debts through a liquidation of his/her assets. Some types of debts cannot be discharged through bankruptcy. These include alimony, child support, and certain taxes.

Unpaid balance reported as a loss by credit grantor.

Any notice, ticket, or other official document issued by a police officer for a minor offense containing an order to appear in court at a particular time and place to answer to the charges stated.

An assault considered a tort, rather than a crime. See criminal assault.

Account has been assigned to a collection agency.

A person who instructs and assists employees at a collection site, receives and makes an initial inspection of the specimen provided by those employees and initiates and completes the custody and control form (CCF).

A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle

a) Has a gross combination weight rating (GCWR) of 26,001 pounds or more inclusive of a towed unit, with a gross vehicle weight or more than 10,000 pounds; or

b) Has a GVWR of 26,001 pounds or more; or

c) Is designed to transport 16 or more passengers, including the driver; or

d) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and is required to be placarded under the Hazardous Materials regulations (49 CFR part 172, subpart F).

A sentencing alternative in which offenders work without monetary compensation at public or private nonprofit agencies in the community.

Classification with unrestricted day and night movement and full access to jobs and programs.

A formal written accusation made by a person, usually a prosecutor, and filed in a court alleging that a specific person has committed a specific offense.

An arrangement between consumer and credit grantor to accept a lesser amount of the original balance as payment. Trade line remains on credit report for 7 years from the date of the initial missed payment that led to the delinquency.

A sentence that is one of two or more sentences imposed at the same time. After conviction, all or part of each term is served simultaneously. Contrast with consecutive sentence.

Release in which a correctional system or other criminal justice entity maintains some supervision over the release for a specified period of time. Typically, it includes parole, supervised mandatory release, and supervised work furloughs.

A sentence that is one of two or more sentences imposed at the same time, after conviction. The sentences are served in sequence. Contrast with concurrent sentence.

A court judgment in which both parties agree to work out the terms of the settlement subject to court approval.

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 the 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 program of its members. C/TPAs are not “employers” for purposes of this part.

The cessation, interruption, or adjournment of a proceeding until a future date.

For the purpose of these guidelines, the terms drugs€ and controlled substances€ are interchangeable and have the same meaning. The DOT is testing for the following five controlled substances: marijuana (THC), cocaine, opiates, phencyclidine (PCP) and amphetamines (including methamphetamines).

To prove or officially declare someone guilty of an offense, especially in connection with a trial.

The formal decision of a criminal matter which finds the accused guilty. It is the finding of a judge or jury, on behalf of the state, that a person has, beyond a reasonable doubt, committed the crime that they were accused of.

Credit bureaus are private companies that gather and sell consumers credit histories, including bankruptcy and tax lien data, to credit-grantors such as banks or credit-card companies. The 3 major credit bureaus are Equifax, Experian and Trans Union.

Any entity that has a monetary claim against the debtor.

An assault considered a crime rather than a tort. See civil assault. An assault may be both criminal and civil.

An individual’s history of arrests and convictions on one or more criminal charges. A written summary of such history.

Current account, was 30 days late.

Current account, was 30 days late twice.

Current account, was a collection account.

The person who seeks relief through bankruptcy.

The person or entity charged with having committed an offense.

To withhold formal judgment pending the outcome of the probation period. If an individual is given deferred adjudication and he or she successfully completes the probation and conditions assigned by the court, the charges are dismissed.

Account past due, was 90 days past due.

Account is past due by 60 days.

Barbiturates “goof balls”, tranquilizers, methaqualone “ludes” and alcohol.

An employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties or cause employees to be removed from these covered duties and to make required decisions in the testing and evaluation processes. The DER also received test results and other communication for the employer, consistent with the requirements of CFR 49 Part 40. Service agents cannot act as DERs.

A specimen with creatinine and specific gravity values that are lower than expected for human urine. The specific gravity is less than 1.003 and the creatinine is less than 20.

The release of a debtor from an obligation to pay, pursuant to a bankruptcy proceeding. A “discharge” indicates the successful completion of a bankruptcy case. Or, in criminal matters, to release a person from confinement or supervision.

The rejection or failure of a petition for bankruptcy. When a bankruptcy case is “dismissed”, it is closed without any debts being discharged. Or, in criminal matters, termination of a criminal action or proceeding by a court.

Termination of a criminal action or proceeding by a court, by which the same cause of action cannot be brought against the defendant again at a later date.

The action is over but the plaintiff retains the right to bring the issue back to the court.

1. The final outcome or resolution of a court case or criminal matter.

2. The formal resolution of a case by a court.

A listing of all court actions in a case from its inception to its conclusion.

Any person who operates a CMV and is required to hold a CDL. This includes, but is not limited to,

–Full-time, regularly employed drivers

–Leased drivers

–Independent owner-operator contractors (employed directly or leased)

–Casual, intermittent, or occasional drivers

Equipment employed in manufacturing, using or concealing a controlled substance.

5 Panel: Amphetamines, Cocaine, Marijuana, Opiates, PCP

9 Panel: Add the following: Barbiturates, Benzodiazepines, Methadone, Propoxyphene

Driving Under the Influence

Driving While Intoxicated or Impaired

Any person who is designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currently performing safety sensitive functions designated in DOT agency regulations and applicants for employment subject to pre employment testing. For purposes of drug testing under this part, the term employee has the same meaning as the term donor as found on the custody and control form (CCF).

Any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such terms does not include the United States, any state, any political subdivision of a State, or an agency established under a compact between States approved by the Congress of the United States.

To seal or purge records of arrest, criminal, or juvenile record information.

The surrender by one jurisdiction to another of a person accused or convicted of an offense committed within the jurisdiction demanding the individual’s return.

The Fair Credit Reporting Act (FCRA) is a federal law enforced by the Federal Trade Commission that is designed to promote accuracy and ensure the privacy of the information used in consumer reports produced by consumer reporting agencies. The FCRA contains specific requirements on the use of consumer reports for purposes of employment.

A criminal assault is classified as a felony when it involves the infliction of serious bodily injury by use of a dangerous weapon.

A criminal offense that is punishable by death or by incarceration in a state or federal prison, generally for one year or more. The determination of which crimes are considered felonies varies from state to state.

The commencement of criminal proceedings by entering a charging document into the official record of a court.

Federal Motor Carrier Safety Administration

Credit grantor sold collateral to settle defaulted mortgage

An element of certain offenses, consisting of deceit or intentional misrepresentation with the aim of illegally depriving a person of his or her property or legal rights.

A legal proceeding in which a debtor’s money, in the possession of another (called the garnishee), is applied to the debts of the debtor, such as when an employer garnishes a debtor’s wages.

Claim filed with government on defaulted student loan

Theft of property whose value exceeds a certain amount or of property of a type regarded as especially serious, such as an automobile, a gun, or a stop sign. Grand Theft is a felony.

The total value specified by the manufacturer of the vehicle as the loaded weight of two or more vehicles. In the absence of a value specified by the manufacturer, it will be determined by adding the gross vehicle weight rating of the power unit to the total weight of the towed unit and any load thereon.

The value specified by the manufacturer of the vehicle as the loaded weight of a single vehicle.

Adjudged by a court to have committed an offense, either on the basis of a finding or verdict at trial, or because the defendant admitted or did not contest the charge. Also, the status of being responsible for or chargeable with violation of criminal law or having been adjudged by due process of violation of the law.

Lysergic acid diethylamide “LSD, acid” and phencyclidine “PCP, angel dust”

Foreclosure proceeding started.

The collection sites that Vertical Screen has made part of its own network for its clients, therefore no surcharges will be assessed above the standard pricing.

Debit included in or discharged through bankruptcy proceedings.

Intentional offensive sexual contact that is committed without consent of the victim and without the intent to commit rape.

A formal written accusation made by a grand jury and filed in a court, alleging that a specified person or persons committed a specific offense or offenses.

A violation of a rule or law that is not punishable by incarceration.

A writ requiring a person to refrain from doing a particular thing.

A lien binding the real estate of a judgment debtor in favor of the holder of the judgment. The lien attaches the debtor’s real estate.

The territory, subject matter, or person over which lawful authority may be exercised by a court or other justice agency, as determined by statute or constitution.

Any U.S. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing programs; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under this part.

Unlawful taking or attempted taking of property other than a motor vehicle from the possession of another, by stealth, without force, and without deceit, with the intent of permanently depriving the owner of the property.

Under medical supervision or for an accepted medical reason

Common terms it is known by include herb, pot, weed, hash, cannibinoids

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.

A person who has not yet reached the age of majority.

A criminal offense, generally minor or petty, that is punishable by small fines or penalties or incarceration in a local jail for a year or less.

Heroin, morphine, opium codeine, meperidine and methadone

A specimen that lab has determined to be negative, no illegal substance is found, it is human urine, but the levels fall below normal levels. Drinking lots of fluids prior to voiding can cause this situation.

A plea in a court in answer to a charge stated that the defendant will not contest the charge, but neither admits guilt nor claims innocence. It is tantamount to a guilty plea. Same as Nolo Contendere.

Voluntary dismissal of criminal charges by the state, or a formal decision by the prosecutor not to prosecute any further.

A plea in a court in answer to a charge stated that the defendant will not contest the charge, but neither admits guilt nor claims innocence. It is tantamount to a guilty plea. Same as No Contest.

Subject now paying, was a charge off.

The crime of attempting to impede or prevent the administration of justice, as by concealing or falsifying evidence, or by bribing, threatening or otherwise attempting to influence witnesses, jurors or court officials improperly. The term is sometimes extended to acts that impede police or other law enforcement activities. The exact terminology and classification scheme for such offenses varies from state to state.

Any crime or other violation of law for which a penalty is prescribed.

An individual that conducts OHS services by going to the site designated by the client.

Violation of a municipal law, a law adopted by a city, town, county, or other local government with respect to a matter permitted by the state to be regulated at the local level.

Operating (a motor vehicle) While Intoxicated or Impaired.

Paid account, was 30 days late.

Paid account, was 30 days late twice.

Paid account, was a charge off.

Paid account, was a collection account.

Paid account, a foreclosure was started.

Paid account, was a repossession.

An arrangement between consumer and credit grantor to accept a lesser amount of the original balance as payment. Trade line remains on credit report for 7 years from the date of the initial missed payment that led to the delinquency.

The process of releasing inmates from incarceration before the end of their sentence, on conditions of supervision by a parole office and their maintenance of good behavior. If conditions are violated, the inmate my be reincarcerated.

Theft of property whose value is below a certain amount. Petit theft, as a first offense and in the absence of aggravating circumstances is a misdemeanor.

A person or company who initiates a civil court action.

A defendant’s formal answer in court to charges logged against him or her in an accusatory instrument. The occasion upon which a defendant enters such a plea to an accusatory instrument.

An agreement entered into by a prosecutor and a defendant whereby concessions generally are made (such as reduced charges or sentences)in return for a guilty plea.

Having illegal drugs on your person or in your custody.

A proceeding during which the court considers relevant information, such as extenuating circumstances, held for the purpose of determining a sentence for a person convicted of an offense.

(In New Jersey only) The Pretrial Intervention Program (PTI) provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. If PTI is successfully completed, there is no record of conviction and the defendant avoids the stigma of a criminal record. Any defendant who is charged with an indictable offense may apply.

A sentence allowing a convicted criminal to remain free instead of going to jail or prison, or to go free after serving a brief period of confinement, provided that certain conditions are met. If the conditions of probation are violated, probation can be revoked and the probationer sent to prison.

Those damages awarded over and above any compensation for actual damages. The intent is to punish the wrongdoer.

A discharge of a debt or obligation.

Merchandise taken back by credit grantor.

1. A requirement by the court as a condition of a revocable sentence, or earlier in the criminal justice process, that the offender replaces the loss imposed by his or her offenses.

2. Money received from a probationer for payment of damages.Describe the item or answer the question so that site visitors who are interested get more information. You can emphasize this text with bullets, italics or bold, and add links.

An order from a court directing one person not to do something, such as make contact with another person. Restraining orders are typically issued in an attempt to ensure the victim’s safety.

The discharge of an obligation by paying a party what is due to him.

The Secretary of Transportation or the Secretary’s designee.

The penalty imposed by a court upon a convicted person; the imposition and entry of sentence upon a conviction.

A court decision postponing the execution of a sentence and discharging the defendant conditional upon good behavior.Describe the item or answer the question so that site visitors who are interested get more information. You can emphasize this text with bullets, italics or bold, and add links.

Any person or entity, other than an employee of the employer, that provided services specified under the regulations to employers and/or employees in connection with DOT drug and alcohol testing requirements.

A criminal assault that is not accompanied by any aggravating factors, such as infliction of serious injury or use of a dangerous weapon. Simple assault is usually classified as a misdemeanor.

The specific gravity of a substance is a comparison of its density to that of water. Imagine a gallon bottle filled with water, a second filled with feathers, a third filled with lead weights. There are equal volumes of material present, but the bottle with the feathers will weigh less than that containing water; the bottle with lead weights will weigh the most. In order of increasing specific gravity, these materials would be: feathers, water, lead. Specific gravity can be measured precisely, or estimated by a comparison, as above. To compare the specific gravity of any two minerals, simply hold a sample of one in your hand and “heft it,” i.e., get a feeling for its weight. Then heft a sample of the other that is approximately the same size. If there is a great difference in specific gravity, you will detect it easily. It is often sufficient to note whether a mineral’s specific gravity is significantly higher or lower than that of other minerals. Heft each of the specimens in your mineral set. Which ones have a high specific gravity? A low specific gravity?

The practice of temporarily removing an employee from the performance of safety-sensitive functions based only on a report from a laboratory to the medical review officer (MRO) of a confirmed positive test, an adulterated test, or a substituted test, before the MRO has completed verification of the test results.Describe the item or answer the question so that site visitors who are interested get more information. You can emphasize this text with bullets, italics or bold, and add links.

This is the date the account or tradeline reached the status indicated in the Notes column.

Amphetamines “speed,” cocaine, nicotine and caffeineDescribe the item or answer the question so that site visitors who are interested get more information. You can emphasize this text with bullets, italics or bold, and add links.

A person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing and aftercare.

The creatinine concentration is less than 2 mg/dL and the specific gravity is less than or equal to 1.001 or greater than or equal to 1.020.

A finding of guilt by a magistrate or judge, without a jury, of a person accused of a misdemeanor or violation.

The decision of a court concerning merits of a lawsuit, where upon review of the facts, it is determined that the party who made the motion for summary judgment is entitled to judgment.

A written order issued by a judicial officer requiring a person accused of a criminal offense to appear n a designated court at a specified time to answer the charge or charges.

The creatinine concentration is greater than or equal to 2 and less than or equal to 5mg/dL. The specific gravity is less than or equal to 1.001. Requires an immediate witnessed recollection.

A court decision postponing the execution of a sentence and discharging the defendant conditional upon good behavior.

A lien on real estate in favor of federal, state or local government which may be foreclosed for nonpayment of taxes.

An injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual, but not founded on a contract. The most common tort action is a suit for damages sustained in an automobile accident.

A group of offenses usually consisting of those infractions and very minor misdemeanors relating to the operation of self-propelled surface motor vehicles. Violators of these laws may incur fines, loss of license, or imprisonment.

A willful act or active negligence, as distinguished from a mere omission of a duty, that causes an injury to or invasion of the person, rights, or especially property. The common law form of action for redress of injuries directly caused by such a wrongful act.Describe the item or answer the question so that site visitors who are interested get more information. You can emphasize this text with bullets, italics or bold, and add links.

Procedure by which evidence is presented in court under the supervision of a judge and the factual issues in a case are presented and decided.

A sentence where the court is authorized to release the defendant without fine, imprisonment, or probation supervision if the court if of the opinion that no proper purpose would be served by imposing any condition on the defendant’s release.

Describing a person who has not yet reached the minimum age set by law for a specified activity, such as consumption of alcohol, etc.

To annul; to set aside; to cancel or rescind; to render an act void, as to vacate an entry of record or a judgment.

A document issued by a court or releasing authority directing the arrest or taking into custody of a person to bring him or her before the court or releasing authority. There are two main types of warrants: arrest warrant and search warrant.

Anything designed or used to cause bodily injury. A concealed weapon is carried in such a way as not to be obvious. A deadly, dangerous or lethal weapon is anything which, either by design or by the way it is wielded in a particular case, caused death or serious injury.Describe the item or answer the question so that site visitors who are interested get more information. You can emphasize this text with bullets, italics or bold, and add links.