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Q: Who can benefit from using a background screening service?
A: Everyone can benefit from using employment background screening services. It is an absolute must to exercise due diligence in hiring. Proper due diligence includes background checks and pre-employment screening. You can not do a background check on anyone though, there are laws as to who has permissible purpose to access specific data in order to comply with Federal regulations.
Q: Will I need to let the applicant know we are doing a background check?
A: Yes. You are responsible for having your applicant(s) written consent to access certain information in accordance with the Fair Credit Reporting Act. You are responsible for maintaining this document, which the screening company may request from time to time for audit purposes.
Q: What might a typical background check consist of?
A: While each customer will screen differently for different positions, a typical background check might consist of a Social Security Number Trace, a criminal records check, and possibly a motor vehicle records check if driving is a part of the job.
Q: Is there a central location for accessing criminal records in this country?
A: Contrary to popular belief, there is no central location for criminal records. There are over 10,000 state and federal courthouses in the United States. These courthouses are spread out over some 3,300 jurisdictions, each with its own database of records.
Q: What is the FBI’s national computer database?
A: The FBI’s database, the National Crime Information Center (NCIC) is available to only the FBI and state law enforcement. It is illegal for most private companies to access this database without some type of specific authorization.
Q: Where should I search for criminal records on an applicant?
A: For employment background checks, the most frequently used method is to search the relevant county courthouse for records.
Q: Do I need to search every county courthouse in a given state?
A: No, first determine which counties are relevant. Some guidelines may be as follows:
County of Residence: At a minimum, employers should search the county of
current residence or the last place the applicants spent the most time. While there are no
conclusive studies to prove the point, many criminal justice professionals have
observed that the county of residence is the county most likely for a criminal to
commit a crime.Last Three Counties: Some employers have a policy to search the last three counties lived in. The number three is not based upon any court case, or official recommendation. It is simply based upon the experience of screening firms that show that most applicants have lived in an average of 2-3 counties in a seven year period. At RHR, we have found that our average applicant has lived in 2.3 counties in the average 10 year period.
Seven Year Search: A much higher degree of protection may be afforded by doing a seven year search of all places where the applicant lived, worked or studied based upon the application for employment. The counties names can be determined through a verification of past employment and education, and all past addresses can be compared to a Social Security Number Trace (credit header) to see that nothing has been omitted before ordering the criminal searches.
Adjacent County or Metro Search: Additional protection can be provided by searching the metro areas and adjacent counties. Unfortunately, there is nothing to prevent a person from crossing a county line to commit a crime. If a person’s application and credit header indicated that they lived in Minneapolis, a metro search may very well include the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington.
Q: Is there a statewide database available in Minnesota? Why should I do a county based search if the statewide database is there?
A: The state of Minnesota does maintain a criminal records database through the Bureau of Criminal Apprehension. Like any statewide repository, it is only as good as the counties that choose to report to it. There are no guarantees that all counties are up to date, or even participating. Often times you may get only a summary of the charges and all portions of the record may not be clear. Sometimes a further inquiry may be necessary. Generally an additional inquiry involves going directly to the county anyway.
Q: I am really only interested in felony records, why have you brought up misdemeanors?
A: To ask a candidate only about felony records assumes that states are consistent with what they deem to be felonies, and what they believe to be misdemeanors. Every state is different, and what may be considered a misdemeanor in the state of California may be considered a felony in Minnesota. In a case like this you may ask a candidate if they have ever been convicted of a felony and they may honestly answer no, and yet they have a misdemeanor conviction that would be felonious in another state. Some misdemeanor crimes may be very relevant to the position you are filling. For instance, a petty theft may be a misdemeanor but if the applicant is being considered for a bookkeeping position it may cause the employer to take a second look.
Q: What other types of criminal records may exist?
A: County criminal records search and the search of the Bureau of Criminal Apprehension are state court records. This only makes up one of two entirely separate court systems in the United States. The two systems are the State Courts and Federal Courts. The decision on whether to do a search of the Federal courts for criminal records should take into account the nature of federal prosecutions and the federal sentencing procedures. By definition, Federal Courts are places where violations of Federal Law are prosecuted. Although in recent years there has been a trend toward “federalizing” more offenses that used to be associated with state courts, Federal crimes still tend to be slanted toward more serious cases like large drug cases, financial fraud, bank robbery and interstate crimes. In addition these crimes are sentenced under U.S. Sentencing Guidelines and typically have an average time of incarceration of 57 months.
Motor Vehicle Records will contain criminal records relevant to driving only but will be considered statewide, by nature. This type of search should be considered if the position you are filling requires driving a company car, or driving on company business.
Sexual Offender Registry is a criminal search that is limited to those crimes in which the individual is required to register with a central authority as an offender.
Q: What type of turnaround time can I expect on my screening report?
A: Pertinent information can be made available to you in as little as sixty seconds. Although the time may vary depending on the depth of the report ordered, most reports are completed within 2-3 business days.