Background
Many organizations and Consumer Reporting Agencies (CRAs) use the terms “background check” and criminal check” differently. Because there is no industry standard check, clients must understand what they want to learn (and what they’ll be receiving) when they request a background check or a criminal check.
Situation
The Director of Human Resources for a technology firm based in the Northeast contacted us. The company was hiring a high-ranking executive. As often happens, the employees turned to the internet to learn more about their future boss. A basic Google search revealed a criminal conviction that did not show up in the background check. The client reached out to the CRA several times and did not receive any clarification about the issue—or any response at all.
The organization reached out to us, hoping for some answers.
What went wrong? Was the record not found? Was it found and not reportable in accordance with the Fair Credit Reporting Act (FCRA) or local statutes?
Solution
We met with the client and received the information above, along with one other piece of data: the conviction in question involved the FBI.
We asked the client what checks were completed, and the response was, “a criminal check was done.” So, we asked about other details:
- What jurisdictions were checked?
- What name(s) were the searches run under?
- How far back were the records searched?
Clearly frustrated, the client asked, “Why does this all matter?” In her mind, a background check was a background check. Finally, she read the description of the conducted search from the actual report. Essentially, only a subscription database search was completed.
As detailed in a previous blog, Criminal Background Checks: What You Need to Know, the national criminal database has some challenges. The specific problem in this case was the omission of federal criminal records in this database. Because the criminal record in question was at the federal level, it did not show up on the background check.
The client could not believe it. She kept saying, “You would think that a national criminal check would have federal records.” Unfortunately, this is a common mistake.
We recommended that she consider upgrading the firm’s background screening protocol to avoid similar issues in the future. Aside from the potential liability, the situation also created a great deal of embarrassment.
Conclusion
What is the moral of this case study?
It’s simple. Make sure you understand what you are getting and not getting from your CRA. Maintain an open line of communication and discuss the scope of background checks to ensure that you get the information you need. Don’t wait until after a problem occurs.
