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Background Checks Don’t Tell the Whole Story

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When it comes to background checks, the National Crime Information Center is the gold standard. It is only available to law enforcement agencies and is the most accurate and complete database tracking convictions and arrests in the US. That sounds pretty great, right? Unfortunately, it’s not all as it seems.

The Department of Justice

The Department of Justice recently released a report based on a two-year study of convictions and arrests from 2016. The report shows that a very low percentage of convictions and arrests actually make it to the National Crime Information Center. What does this mean? It means that even if a commercial background check company is using the best information, it’s only able to get information on about 13% of all crimes. On top of that, there is a pretty standard 30% error rate on background checks based on factors such as typos, misspellings, and data entry errors. Yikes.

The Reliance of Background Checks

It doesn’t matter if you are an employer, a landlord, or even a private citizen hiring a babysitter or contractor, odds are good that you think a criminal background check is a good idea. But, the fact that we not only rely on these checks, but also believe that they are fool-proof, is quite problematic.

Other Implications of Background Checks

The inaccuracy of background checks is only one of the issues associated with them. Another issue is that there is a big possibility that these commercial background checks could violate the Fair Housing Act because it might be seen as intentional discrimination. Additionally, though people with criminal records are not protected under the Fair Housing Act, statistically, this creates a disproportionate impact on minorities. According to the Fair Housing Act, minorities are protected.

Though it seems like a great idea to run a criminal background check, as you can see, it’s not always a black and white result. Criminal history databases are not complete, there are high rates of errors, and these background checks might be violations of the Fair Housing Act. At the very least, someone could have a good case against it if you use a criminal background check as a basis for a housing decision. When thinking about if a background check is worth it or not, it probably is, but you also have to be aware of the possibility that you are not going to get the entire story.

Robert Siciliano personal security and identity theft expert and speaker is the author of Identity Theft Privacy: Security Protection and Fraud Prevention: Your Guide to Protecting Yourself from Identity Theft and Computer Fraud. See him knock’em dead in this Security Awareness Training video.

Hiring Employees: How to Perform a Criminal Background Check

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Background checks are a necessary tool in today’s sometimes violent and certainly litigious society. If a rug installation company was to hire an installer, who eventually rapes and kills a client, then the rug installation company would be held libel for the animals actions. This example is one that happens all too often.

It’s common sense to require employment background checks for school volunteers, coaches, teachers, janitorial staff and really, employees of all kinds. As a small business, one the worst thing you can do is hire an employee who becomes a legal liability or has a history of crime that comes back to bite you.

There are two ways of going about getting a criminal background check for employment:

#1 Private companies: These are information brokers who have huge databases containing public records and records from private sources.  The information on a background check might include all the addresses you’ve lived at, those you are related to, marital status, social media profiles, current and past employers, criminal histories, driving records and credit. There is also a litany of other information that may or may not be 100% correct.  These pre-employment background checks are generally a guide, but not absolute. A quick search on “Background Check” will provide dozens of resources.

#2 FBI Criminal Background Check: A true criminal record comes directly from the FBI or an FBI-approved Channeler, An FBI Identification Record—often referred to as a criminal history record or a “rap sheet”—is a listing of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization, or military service. The process of responding to an Identification Record request is generally known as a criminal background check.

The FBI offers two methods for requesting your FBI Identification Record or proof that a record does not exist.

Option 1: Submit your request directly to the FBI.

Option 2: Submit to an FBI-approved Channeler, which is a private business that has contracted with the FBI receive the fingerprint submission and relevant data, collect the associated fee(s), electronically forward the fingerprint submission with the necessary information to the FBI CJIS Division for a national criminal history record check, and receive the electronic record check result for dissemination to the individual. Contact each Channeler for processing times.

Robert Siciliano personal and small business security specialist toADT Small Business Security discussingADT Pulse on Fox News. Disclosures