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Criminal Records: What are they |
| The criminal record is a report obtained
from law enforcement agencies and county courthouses listing all criminal
offenses committed by an individual during a given period of time.
Offenses which are found on the criminal record fall into the following
three categories: Traffic Offenses: Normally, the only traffic offenses that show on a criminal record would be serious offenses such as "driving under the influence" or "hit and run" violations. Misdemeanors: Usually considered a less serious or minor offense, the misdemeanor is a crime punishable by incarceration, typically in a local confinement facility. The maximum incarceration period is usually limited to one year or less. (A few states classify a misdemeanor as an offense carrying a sentence of two or even five years.) Felonies: These offenses are considered more serious than the previous two categories. Typically, a felony carries a penalty of incarceration from one year to life in a state prison, to the death penalty. (It should be noted that different states classify crimes differently. One state's misdemeanor may be another state's felony. Civil cases, such as lawsuits between individuals or corporations and bankruptcies, are not included on the criminal record.) |
Which type of search is best |
| Each type of search has it's own
strengths and weaknesses and it is ultimately up to the requestor to
determine which type of search to perform on which applicant. However, the
following information should help determine which search is best. State Search: The main advantage of the state search is that for a relatively small charge, access is available to a broad search area. It is not necessary to know all the cities or counties in which the applicant has had contact. The main disadvantage is that while the repository is available for storage of records, it does not have the authority to require the county's participation in reporting. It is possible for a county to delay in reporting an arrest or resulting disposition or for the information to go unreported to the repository at all. Some states may be more up to date than others. Time and experience will help in identifying the best and worst of these states. County Search: County searches have a great advantage because arrest and disposition records are initially stored in the county's courthouse. There is virtually no time delay or lack of cooperation in reporting the information. The disadvantage to this search is that all counties in which the applicant has had significant contact must be identified to insure a complete and comprehensive search. (Ordering a Trace Report will help uncover areas which may not be apparent form the employment application.) |
One-stop national crime record search |
| No, only law enforcement agencies have access to a national search. This is through the National Crime Information Center (NCIC). Beware of any company or individual claiming to provide this type of search because it could be a false claim or they are gaining access illegally. |
Why order criminal record checks |
| The criminal record is not only legal,
when used properly, it is an invaluable tool for hiring the most qualified
applicant while protecting the company against the danger of a negligent
hiring suit. For example, in July of 1991, a jury awarded a Tallahassee
woman over $2 million dollars in damages following an attack in her home
by a local furniture delivery man. The issue involved was negligent
hiring. The company failed to check the individual's criminal history
(which included a history of violent offenses) while knowing that he would
be working in close, unsupervised contact with the public. Outside of the negligent hiring issue, there are several other important reasons to check the criminal history of an applicant. These include investigation of fraud, guarding against the possibility of employee theft of merchandise or expense accounts and the misuse of fuel cards. Also, a felony on the record of a driver prohibits them from carrying bonded loads or entering Canada with a load. Concerning the legality of using criminal records, the inquiring company is ultimately responsible for the fairness of it's employment practices. The presence of an arrest or conviction should not necessarily be a bar to employment. It should further be noted that a hiring decision should not be based solely on the criminal record as there is the potential for error. TBN searches for criminal histories using name, date of birth, social security number, race and gender. The only positive match is through a fingerprint search. It is wise to review each criminal record closely. Every case is different. Consider the other background checks done, the position being applied for, age of offense and final disposition. The existence of a criminal history which indicates the unsuitability for the job is a legitimate basis to disqualify an applicant (e.g. the violent past of the unsupervised delivery man in the previous example). As with all The Background Network services, a release signed by the applicant is recommended before requesting the criminal record. If employment is denied on the basis of the record, a Failure to Hire Notification should be used. Finally, the ADA makes no reference to the use of criminal records. Having a criminal history is not a physical handicap, so it should not be considered as included in this anti-discrimination law. |
Can the record of arrest be used to disqualify an applicant? |
| The answer to this question comes in two
parts: The arrest (without resulting disposition) is still just an allegation that an individual was involved in behavior considered illegal. To be able to base a hiring or other decision on the arrest, the inquiring company must first decide whether the record of arrest truly reflects the applicant's conduct at that time. This can be done by examining the circumstances surrounding the arrest, providing the individual inquired upon the opportunity to explain the incident, and follow-up inquiry to evaluate the individual's credibility. Satisfying this, a business related necessity must be established. The conduct for which the applicant was arrested should be related to the position in question; e.g. an individual with an arrest(s) for violent behaviour and consideration of a position working with the public. |
Crime Assure |
| The ultimate in criminal record search technology! This check offers the thoroughness of an industry standard social security trace and a multiple felony and misdemeanor conviction check. A multi jurisdictional 37 state instant database check of many department of correction, state repositories, counties and some local jurisdictions is also included. Plus a federal criminal, civil check. This check also helps to verify the identity of the applicant through the social security trace. |
