BEWARE of Database Searches and Potential Liability
Searching for criminal records is much more complicated than it appears. Contrary to popular belief, there is NO central database available to private companies that can INSTANTLY find an individual's criminal record.
ALL National Criminal Databases available to CRA's (background screening companies) ARE NOT true warehouses of the nation's criminal records. The National Crime Information Center (NCIC) is the closest thing to a true national database and it is maintained by the FBI. It is illegal for private companies to obtain criminal information from the NCIC without government authorization. There are 10,000 state and federal courthouses in the United States which are spread out over some 3,400 jurisdictions, each with its own records and files. Despite claims made by various companies, a national criminal database containing ALL criminal records from ALL jurisdictions within the United States is not available to private employers.
National Criminal Databases are assembled from a hodgepodge of various sources that are willing to make their data public or sell their data. Speaking in general, databases containing criminal records are compiled by private companies who purchase information from a variety of sources including: state court records and repositories, correctional records, and county courts that make their data available. These databases DO NOT cover ALL counties, may not be up to date, accurate, or complete: thus they are not compliant with the FCRA Guidelines.
As with any consumer report (background check) legal compliance is an issue and specific requirements must be met as dictated by the Federal Fair Credit Reporting Act (FCRA) and in California, CA Civil Code 1786.28
- FCRA Section 607 (b) states: Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum accuracy of the information concerning the individual about whom the report relates.
- CA Civil Code 1786.28: In California, a background screening agency cannot include public record information in an employment check unless it has verified the accuracy of the information. This applies to such information as indictments, convictions, civil actions, tax liens, and outstanding judgments. An employer can potentially be liable for $10,000.00 per violation of California law.
- In accordance with the FCRA and California Civil Code 1786.28: Prior to making any report about a potential or current employee to an employer about a possible “hit” revealed in a database, the information MUST be confirmed at the original source (e.g., the county court of jurisdiction). This will ensure the information is complete, accurate, up to date, and belongs to the candidate.
Criminal Database Searches have significant value as an additional but secondary tool that can lead to searching additional counties beyond those indicated in The Social Trace. However, it should never be used as a STAND ALONE SEARCH as it could potentially expose the employer to a negligent hiring or class action lawsuit.
888-624-7412
Ask for Julie