Resources

Glossary of Terms

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

A

Acquitted-Non-Conviction:
The charges against the defendant are dropped.

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. The defendant forfeits or pays their bond in place of going to trial.

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.

Convicted-Conviction:
The defendant is found guilty of the charges.

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.

Dismissed-Non-Conviction:
The charges against the defendant are dropped. Not enough evidence to convict.

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.

Guilty-Conviction:
It has been proven that the defendant committed the crime.

H

Habeas corpus:
Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to jusify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

I

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

J

Judgment:
The official decision of a court finally resolving the dispute between the parties to the lawsuit.

Jurisdiction:
the legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over w hich the court has territorial jurisdiction to decide cases.

Jurisprudence:
The study of law and the structure of the legal system.

Juvenile:
A person under the age of 18, also referred to as a youth or minor.

K

Knowingly and willfully:
In reference to a statue, means consciously and intentionally.

L

Lawsuit:
A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.

Lien:
A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge.

Litigation:
A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Liquidated claim:
A creditor's claim for a fixed amount of money.

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.

Minor:
A person under the age of 18, also referred to as a juvenile or youth.

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 Action-Non-Conviction:
The court dropped the case and did not continue with the charges.

No Billed-Non-Conviction:
The district attorney never sent the case to court and it was not tried.

No Information Filed-Non-Conviction:
Mostly found in Florida. It means the case has been dropped.

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 Prosequi:
Prosecutor has declared that he will not prosecute the case at this time.

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.

Not Guilty-Non-Conviction:
A jury or judge trial finding that the defendant is innocent.

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

Pending:
The case has not been to trial at this time so there is no disposition to report.

Pled Guilty-Conviction:
The defendant has pled guilty to the charges against him or her and the court accepts the plea as a conviction.

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.

Q

Quash:
To nullify, void or declare invalid.

Quid Pro Quo:
Latin, meaning "what for what" or "something for something." The concept of getting something of value in return for giving something of value.

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.

T

Tactical Officer:
A police officer who works in plain clothes and concentrates on vice and narcotics arrests.

Temporary Injunction:
Usually used to prevent threatened injury, maintain the status quo, or preserve the subject matter of the litigation during trial.

Temporary Relief:
Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

Temporary Restraining Order (TRO):
An emergency remedy of brief duration issued by a court only in exceptional circumstances, usually when immediate or irreparable damages or loss might result before the opposition could take action.

Third Party Complaint:
A petition filed by a defendant against a third party which alleges that the third party is liable for all or part of the damages plaintiff may win from the defendant.

Tort:
A wrong; a private or civil wrong or injury resulting from a breach of a legal duty that exists by virtue of society's expectations regarding interpersonal conduct, rather than by contract or other private relationship.

Transfer Cases:
Cases going from one court or one jurisdiction to another.

Transmittal Form:
Form required in certain courts for transmitting documents for filing.

Trial:
A judicial examination of issues between parties to an action. In a criminal case, the action would be between the state and the defendant.

U

U.S. trustee:
An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

Uniform Reciprocal Enforcement of Support Act:
Law that allows an order of child support issued in one state to be enforced in another state.

Unlawful detainer action:
A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent.

Unsecured:
In bankruptcy proceedings, for the purpose of filing a claim, a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt.

V

Venir:
A writ summoning persons to court asVoir dire:
French, meaning "to speak truth." The examination of a jury panel by the judge, defense counsel and the state attorney to determine qualifications of the prospective jurors and any basis for challenge.

Venue:
The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.

Verdict:
The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.

Vicarious liability:
When one person is liable for the negligent actions of another person, even though the first person was not directly responsible for the injury. For instance, a parent sometimes can be vicariosuly liable for the harmful acts of a child and an employer sometimes can be vicariously liable for the actions of a worker.

W

Wage execution:
Also known as garnishment. A court order to withold money from the defendant to be aplied to a debt owed to the plaintiff or victim.

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:
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.

Withhold adjudication:
The judge withholds a judgment of guilt.

Writ:
A judicial order directing a person to do something.

Writ of Execution:
A routine court order by which the court attempts to enforce the judgment that has been granted a plaintiff by authorizing a sheriff to levy on the property belonging to the judgment debtor, which is located within the county.