Understanding A Criminal Record Check

By Author: Randy Mann
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When you're an employer, whether you own a business or are employing a nanny, it only makes sense to learn what you can about the people you hire. If you're like a lot of people, however, you probably think criminal record checks are as simple as paying a company and getting every scrap of information available. They aren't.

County Criminal Record Checks

County criminal court records are an excellent place to start for criminal record checks. They provide the most detailed information, are usually the most up-to-date and are often the most accurate. While most counties require in-person visits, vendors that provide criminal record checks usually have a wide network of researchers to get the information from the county for you.

State Criminal Record Checks

Like most things, the laws for criminal record checks vary from state to state. For instance, at this time, only forty states allow public access to criminal records. Some states allow information to be acquired online, but others require a written application. Still others require that the request be in person.

In addition, each state has ...
... a different definition of reportable offenses. Minor traffic offenses may not be reported, for example. As well, some states only hold information on public record for seven years, while others may go back ten years. On top of that, pre-employment criminal record checks may have a seven-year limitation depending on the state.

State criminal record checks are an excellent source of information for a safety net, and work well with a dual check run with county specific criminal searches as well as through nationwide searches.

Nationwide Criminal Record Checks

Most nationwide record checks will provide an employer with at least a little information. The majority of searched records may come from Department of Corrections databases; the person must have been incarcerated or under DOC supervision. Others search Administrator of Courts records, which are sent to a state repository by the counties. A few also provide searches that cover federal records, such as interstate distribution of drugs, embezzlement and kidnapping.

While nationwide criminal record checks can provide a lot of information on a prospective employee, they are limited by the laws of each state and federal law. Most records will include such things as the name, alias, case number and offense location. However, some records may not include enough information, such as the outcome of the final court disposition.

In this case, you will have to decide whether the potential employee was convicted or the case was dismissed. Further research may have to be done into the particular case before determining whether the person should be hired or not. Making a decision based on incomplete information can result in legal ramifications for the employer.

Types of Crimes

When criminal record checks are done on several people, you will more than likely come across three main categories of crimes: felonies, misdemeanors and infractions. The severity of a person's crime is not necessarily indicated by the level of crime. For instance, a misdemeanor for assault can be just as bad as a felony. For this reason, it's important to make sure you search the potential employee's misdemeanor criminal record. Infractions, such as parking tickets or noise violations, are normally not considered in a hiring decision.

Legalities of Criminal Record Checks

There are definite legalities for basing your hiring decision on a criminal record check. Equal Employment Opportunity laws govern much of how the information on a criminal record check can be used. For instance, as an employer, you cannot base your hiring decision on an arrest. If there was an arrest but no conviction, you have to have other reasons for not hiring an individual. As well, at least fifteen states have enacted legislation that forbids employers from using only arrest information.

If a criminal background is a basis for hiring, it's best to create a standard hiring policy that can be followed. However, that hiring policy cannot indicate that anyone with a criminal record will be denied employment. Check with an attorney to find out if your hiring policy is legal.

Criminal record checks are not something that should be passed over just because there are a lot of rules and regulations. They are a proven way to help business find the people they need and a good background screening company can help you avoid legal pitfalls. By investing a small amount into criminal record checks, you could potentially save millions of dollars in the long run.
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Instant People Check is a leading provider of an instant criminal background check online. For just $12.95 you'll a lot more about your potential new hire that they may want you to. You can do national or state-specific criminal records checks quickly and cheaply.