Criminal Background Checks: What You Need to Know

A thorough background screening includes a criminal background check. Not only is it a critical component, but a thorough criminal check during the hiring process can:

• Reduce your company’s liability
• Proactively eliminate potential legal and operational problems
• Provide peace of mind to managers and employees

Criminal background checks are also a must before entering into a business arrangement, such as a merger, acquisition or other partnership. A relationship with someone with a criminal background can damage your business and your reputation.

To protect your company from the risks of hiring or partnering with the wrong people, start with the guidelines below.

Where to Begin

The first step is to partner with a quality screening firm that knows the various criminal records resources, as well as their limitations.

The reason is simple: there is no “one-stop shop.”

The FBI maintains the most comprehensive national database of criminal records. However, this database is available primarily to law enforcement and government agencies. A private business can only access the records if it is regulated by the government and an FBI check is required as part of the employment process. While it is the most comprehensive nationwide repository, the FBI’s database pulls from thousands of different sources. At any given time, the data could be out of date or incomplete.

In fact, a U.S. Department of Justice survey concluded that more than 25% of states are months behind in reporting data, and many cannot link final dispositions with the arrest/charge information. At least a dozen states report that they don’t even know how timely and accurate the information they report to the national database is. Those same information gaps, according to the FBI, also affect the completeness and accuracy of fingerprint checks.

So, if there is no “one button” that can be pushed to get good criminal history information, what are the sources of information available to screening firms? And how can timely, reasonably priced and effective criminal background checks be conducted?

County-Level Searches

County-level criminal record searches are especially important because most criminal cases involve violations of local laws and are tried in local courts. The records obtained in-person at the county/local level are usually the most up-to-date and accurate.

However, only performing county-level searches doesn’t paint the whole picture. The United States has more than 3,000 counties and county equivalents. (This number doesn’t include US Commonwealths and territories). It is not practical to search every county for an individual’s criminal history. Also, each jurisdiction may have a different way of managing criminal record data and how records can be obtained.

No central repository allows searching of all county and local criminal databases.

Typically, criminal background checks will include county-level records searches in all counties in a subject’s address history for a specific time period. But people can commit crimes outside of those counties. A standard county-level search based on address history would miss these crimes. Even an expanded search that included the counties where a person lived or worked for, say, 20 years won’t ensure a comprehensive look at an individual’s criminal history.

State-Level Searches

Some states compile a statewide database of county/local level criminal history data. Conducting a state-level search can catch information not captured in a county-level search.

But will that database be complete, up-to-date and accurate? State databases rely on local jurisdictions to report criminal history information. There can be great inconsistency in how these records are reported by each jurisdiction. Some may be more responsible and timely than others in uploading data to the state database. The data may or may not be complete.

Even a state such as New York, which has a robust statewide database, may still require additional research in local courts for the most complete and accurate criminal history information.

Federal Searches

The FBI isn’t the only criminal database the U.S. government maintains.

A federal criminal history search is available, but its data is limited. It only covers crimes that are prosecuted by the federal government, such as violations of federal law, crimes committed on federal property, and interstate crimes. While federal records are more consistent than other databases, the records often do not have good identifiers, such as date of birth or Social Security numbers. In addition, older records may not be immediately available. A competent background screening firm will do additional research and use other resources to confirm that the subject of the criminal history screen is party to a federal criminal case. This is critical, especially for common names where no exact identifier (such as a Social Security number) is available.

National Criminal Searches

As mentioned, the FBI maintains a database of national criminal records, but this database is not available to background screening companies to conduct criminal records searches. When a background screening firm says they are conducting a “nationwide criminal history search,” they are using a database of criminal records compiled by a private company.

Relying on data from one of these national databases has some inherent weaknesses:

• Not all jurisdictions have electronic records to share.
• Not all jurisdictions share their data with these companies. (So these national databases do not cover 100% of the country.)
• Not all of the records are current or complete.

For example, a national criminal search on a New York State resident included an August 2016 arrest and conviction for a DUI in South Carolina. Local court records indicated that the subject was ultimately convicted of a lesser charge—careless driving—in November 2016.

In this case, the information in the national database was inaccurate and out of date. Relying on that information to make a hiring or business decision could have opened up the client to significant liability. As discussed in other blog posts, certain laws, such as the Federal Credit Reporting Act, govern what information can and can’t be used to make hiring decisions.

Beyond the Data

An effective criminal history search requires more than having access to criminal history data. It calls for a knowledgeable background screening firm that knows how to analyze and interpret data sources. Such a partner also needs the experience and expertise to combine information from these resources, secondary information resources, and supplemental research. This combination of skills will provide the most accurate and up-to-date criminal history information possible.

For more information on criminal background checks, call Integras Intelligence at 212.871.1274.