Glossary of Terms

A

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 for 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.

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 / Bond 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.

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.

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).

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 and the finding may become guilty.

Confirmation (or confirmatory) drug test:
A second analytical procedure performed on a urine specimen to identify and 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

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 CRA’s and are governed by the FCRA, as are the employers that use background screening services.

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.

Dilute specimen:
A specimen with creatinine and specific gravity values that are lower than expected for human urine.

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 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.

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 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 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.

G

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

I

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

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 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 the defendant guilty.

Non-Adjudication of Guilt – 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.

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-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

Refused – Non-conviction:
The case never went to trial. The state refused to hear the case.

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 violations.

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

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.

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.

Substituted specimen:
A specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine.

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.