The ABC News report yesterday raises concern about the widespread use of criminal databases for background checks on job applicants. Numerous employers are being sued over hiring decisions based on inaccurate criminal records found in database searches.
Employers who are using criminal databases in place of county criminal records could be hiring a criminal without knowing it or rejecting employment to a talented candidate who truly doesn’t have a criminal record but a faulty background check indicated a crime. Either case could cripple a business with bad publicity and lawsuits.
Many employers use state or public criminal databases because they are less expensive than comprehensive background checks that include county criminal record searches. However, county criminal searches provide the most accurate and up to date information. These records are hand-pulled from court houses in the areas where the applicant lived, which is determined by a Social Security trace. County criminal record searches are considered best practices and ensure due diligence and FCRA compliance.
An article published by BRB Publications stresses that statewide criminal record repositories (databases) are used widely by many employers and licensing boards and that “this can be a dangerous practice.” Criminal record repositories have inconsistent updating times, low levels of quality control, backlogging of records, and lack of timeliness in receiving arrest and disposition data.
In the cases of the ABC News report, the use of mass produced compilations of criminal records is even more dangerous. A person with no criminal history who has the same name of another person with a criminal record could be denied employment. A decision such as this could not only detrimentally affect a business, but also a person’s life.
Employers have an obligation to take every step necessary to ensure they are using best practices when conducting background checks…both for the safety of the workplace and integrity in hiring policies. Employers are encouraged to outsource background check services to firms that do not compile or sell consumer data nor advocate the exclusive use of database searches for background checks.
Pre-employ.com and MyBackgroundCheck.com have always recommended against criminal database searches unless criminal hits are backed up by county criminal records. Both companies also provide a dispute resolution process for applicants who find inaccurate information on their background checks. Please visit the websites for informative resources and articles for consumers and employers about background checks and other important workplace issues.
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