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At SELECTiON.COM®, we have received many questions from hiring managers about criminal record requests over the years. As an expert in criminal record research, you can count on us to have the answers you need.
In this article, we’ll discuss some of the most common questions we receive when it comes to criminal record research.
Do all county courts deliver the same information?
No. There are over 3,000 jurisdictions nationwide that each has its own system. Every county has its own procedure for handling public record access. While many allow online access to their public records, some counties still use ledger books or microfilm for storage of their court records. Even when electronic records are available, additional details sometimes need to be obtained directly from the courthouse by our well-trained researches to hand-search dockets, gather information from an on-site portal, or request information from clerk personnel.
Why do some searches take longer than others?
Turnaround times for public record research can be impacted by several factors, including the availability of records and the lookback period. Also, not all criminal data is available digitally, which causes variances in turnaround times from county to county. The research time can be delayed when there is a “hit” on a record, and the researcher needs additional time to verify the record further. Many courts have restricted or redacted personally identifiable information such as date-of-birth, from public indexes, requiring extra time to confirm that records belong to a specific person.
How far back do criminal record searches go?
Typically, employers go back seven-years, although some states go back further. Each state has its restrictions. In several states, reporting dismissed cases is limited to seven years from the date of disposition. Some states prohibit the reporting of certain types of non-convictions or convictions.
How do you perform the research?
It is essential to have an experienced team of researchers with a well-established quality program. It is also necessary to have procedures in place that allow the organization to understand what information is available at the court levels, whether it’s accessible online or in-person. Public record research and criminal record research are both vital for background screening and require a high level of specialization and experience.
At SELECTiON.COM®, we have a nationwide network of court researchers to complete the thousands of requests we receive in a day. The researchers transcribe criminal records into our Fastrax® system, so it is readily available for our in-house team. The records are then sent to our quality assurance team for final review.
Contact us today to see how SELECTiON.COM® can take your employment background check process to the next level.
This article gives a general overview of the legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your own legal counsel for all applicant approval matters.
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We are excited to announce that the BCI and FBI fingerprint hours at our conveniently located Tri-County office are extending into the evening. By lengthening our hours, it allows a more significant window for applicants and volunteers to be fingerprinted.
Our Tri-County location will continue to be open for walk-ins from 8 AM- 4:45 PM, Monday through Friday. Beginning November 4th, we will add additional appointment only hours from 4:45 PM-6 PM. Applicants can call 513-522-8764 ext. 3034 for booking or use the online booking system on our website under Fingerprint Services.
“We are constantly listening to what our clients want, and then analyzing our services to serve them better,” said James Boeddeker, SELECTiON.COM® President. “The extension of hours allows us to serve our clients better and in doing so, provides much needed extra time for individuals to make their way in for fingerprints.”
We also offer mobile fingerprint sessions for clients. We will travel on-site to provide fingerprint services for parties of ten or more for a fee, or parties of twenty or more at no cost.
Founded in 1991, SELECTiON.COM® is one of the nation’s leading providers of pre-employment background screening services. We offer the largest network of in-house researchers, the fastest turnaround on criminal background checks and drug screening, and unsurpassed customer service. The average turnaround time on criminal background searches is two business days. Thousands of employers nationwide rely on SELECTiON.COM® to help them make smart hiring decisions.
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According to the U.S Department of Justice’s Bureau of Justice Statistics (BJS), over 90 million individuals, approximately 30% of the population in the country, have a criminal record on file in state criminal history repositories.
This statistic does not include traffic infractions (e.g., improper turns, parking violations, failure to stop, some speeding violations, among others) which are the most common form of infractions and also do not appear in criminal records (when they are paid, or the court citation was fulfilled), because traffic tickets are classified as infractions and are considered non-criminal offenses.
Misdemeanors (e.g., Driving Under Influence (DUI), disorderly conduct, use of controlled substances, simple assault, among others) are more serious offenses than infractions and appear in criminal records. In some circumstances, a misdemeanor can escalate to a felony. Felonies are the most serious types of crimes (e.g., DUI that causes injury, serious bodily injury or death, murder, robbery, aggravated assault, rape, among others). Like misdemeanors, felonies also appear in the criminal history on file in state criminal history repositories.
Criminal records vary from one-time arrest, where charges may be dropped completely, to violent, serious, and lengthy criminal histories. The BJS statistics show that the majority of arrests are for non-violent and minor offenses, only 4% of the arrests are for felonies, and most arrests, both misdemeanors and felonies, do not end in a conviction.
According to the Society for Human Resource Management, nine out of ten employers run criminal background screens on applicants as part of their hiring process. Employers require consumer reports in order to ensure a safe work environment for employees and to assess the overall trustworthiness of the job candidate. Background screenings also reduce theft, embezzlement and other criminal activity. Some background screenings are required by state law for a position such as a teacher or licensed medical practitioner. Employers are not only protecting the company’s reputation but are also reducing the risk of legal liability for negligent hiring. Thus, in the selection process, some companies reject applicants who have criminal charges.
Employers should be aware that it is highly likely that consumer reports may have negative information about the applicants. In these instances, a greater understanding is important to dispel some employers’ myths or paradigms. “The fact of an arrest does not establish that criminal conduct has occurred. Arrests are not proof of criminal conduct. Many arrests do not result in criminal charges or the charges are dismissed,” according to the Equal Employment Opportunity Commission (EEOC). By contrast, records of convictions of crimes will usually serve as sufficient evidence that a person engaged in improper conduct.
Finding a point of balance and justice between millions of people with criminal records at the time of getting a job and the legitimacy of the employers to not consider an applicant for employment based on their criminal records, has become a great challenge. The law, jurisprudence, and institutions like the EEOC have all weighed in on this situation.
First, the Fair Credit Reporting Act restricts Consumer Reporting Agencies (CRA’s) reporting any non-convictions older than 7 years, unless the applicant is expected to earn 75,000 or more annually [15 U.S.C. 1681c (a) (2) (5)]. Some state laws and local ordinances also restrict CRA’s from reporting non-convictions regardless of age.
Thereby, the large number of applicants who have criminal records are not marked for life because non-convictions (records of arrest and certain adverse information) are not reflected in the consumer reports with the passage of some years and may not be reported at all. These restrictions create a point of balance between employers and applicants with criminal records. For employers, they can still know relevant information about the applicant, like convictions, and for the applicants because not all the information about their criminal history may be disclosed. SELECTiON.COM® works diligently on compliance with federal and state law regarding these restrictions.
Second, the jurisprudence has cited three factors that employers shall seriously consider in their hiring policies when the applicant has a criminal record (Green v. Missouri Pacific Railroad, 549 F.2d 1158, 8th Cir. 1977). The three factors are; the nature and gravity of the offense or conduct; the time that has passed since the offense, conduct and/or completion of the sentence, and the nature of the job held or sought.
Finally, the EEOC has consolidated and updated enforcement guidance regarding the use of arrest or conviction records in employment decisions. The guide describes two types of discrimination in employment decisions, disparate treatment and disparate impact. According to the EEOC, disparate treatment means “a violation may occur when an employer treats criminal history information differently for different applicants or employees, based on their race or national origin.” For its part, disparate-impact liability may occur when “an employer’s neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII and may violate the law if not job-related and consistent with business necessity,” the guide explains.
It is very important for decision-makers, hiring officials, and managers to know the law, jurisprudence, and the EEOC enforcement guidance to allow employers to make hiring decisions appropriate and equitable, without engaging in discrimination.
In conclusion, employers are challenged to provide this large number of individuals the opportunity to apply, be considered, and hired for a job. In the end, it is in the employer’s hands to analyze the seriousness of the applicants’ conduct and create a balance between an opportunity and responsible hiring.
This article gives a general overview of the legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your own legal counsel for all applicant approval matters.
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On Oct. 3, 2019, the Consumer Financial Protection Bureau (CFPB), the agency enforcing federal consumer financial laws, released their background screening report snapshot, which provides an overview of companies involved in the background screening industry. The CFPB acknowledges three critical drivers of growth: increased demand due to improvements in the labor market, the decline in rental vacancy rates, and expanded online services.
The CFPB report focuses on screenings that include criminal record checks. According to the CFPB report, “72 percent of employers conduct background checks; 82 percent of those that do background checks include criminal background checks.”
The report also highlights the background screening industry, how screening reports are generated, and how screening reports are used by employers. It is estimated that for 2019, there are “1,954 background screening companies with revenue of $3.2 billion,” according to the CFPB.
The report includes developments in the background screening industry and challenges that are related to accuracy and dispute resolution. One of these challenges is inconsistent systems across jurisdictions for reporting criminal records, due to more than 13,000 state courts in the U.S. with an estimated 110,235,200 persons in their criminal history files.
Click here for the full report.
Contact us today to see how SELECTiON.COM® can take your employment background check process to the next level.
This article gives a general overview of the legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your own legal counsel for all applicant approval matters.
