There is a peculiar dichotomy of advice when it comes to criminal record research, using the most easily reached and ‘technically sophisticated’ records frequently being outdated and less trustworthy than those held in paper files, microfiche and archive rooms. Most background checks have several elements, including Credit Reports, Criminal Record Searches, Education and Employment Verifications, an Address History and much more. The aim of this post however, will be to concentrate on criminal record research and developments in technology are presenting employers as well as other end-users with additional options, and moreover, conclusions that create or may minimize legal exposure.
In the current world of immediate information, there is often an assumption that a single, electronically accessible source of criminal records must be around. Not so. Even the FBI National Criminal Information Center (NCIC), which is available only to law enforcement and specific government agencies, does not comprise all records. The bottom line is not complex; our laws and record keeping procedures haven’t kept pace with advances in technology. These investigations represent the growing availability of what is often sold as total background check and an instant and are oriented. The idea that the criminal records search completed and may be ordered inside a couple of seconds is very appealing’ a miracle of sorts for those experiencing a time famine. In too many cases users are focused on delivery time rather than content. Would it surprise you to discover that an ‘Instant Statewide Search’ does not include all records or that a ‘National Investigation’ actually isn’t nationally, Do Not Advanced background check be. And with Vermont, California, Louisiana along with other states offering no prevalent electronic access to criminal record databases , how can a search be advertised as ‘Nationwide’? The reply to that question lies together with the provider and is a valid consideration when choosing a seller.
Of equal significance is how records cannot be used or reported from instantaneous database sources can. In the event the info that was reported is from sources which are updated monthly, quarterly as well as yearly, then it isn’t considered to be the most current information available. Typically, this means the records reported in the database would need to be verified using a County Court Criminal Record search.
Immediate criminal record searches undoubtedly have a place in your screening program, it simply isn’t as the primary means of research. County Court searches generally demand a trip to the courthouse; normally Superior Court where felony and serious misdemeanors are handled. These hunts generate the most current information available along with at least two identifiers. The Statewide and Multi-State database searches are an excellent means of broadening the geographic range of the search. Even though most cases occur in a county of employment or residency, there are certainly occasions when people violate laws outside these regions. If a record is identified by among the database searches that were prompt and you also want to use it in making an employment decision, it ought to be confirmed with a County Court investigation.
Eventually, technology at the County Courts will advance to the point where up to the minute info will soon be on all records. When that point is reached, the capacity to run a truly prompt FCRA compliant criminal record investigation will have already been realized. Until then, stick with all the standard 7 year County Court search, and use the instantaneous database searches as an accessory to boost your screening application.
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