From blog by Lester Rosen, President of Employment Screening Resources (ESR) 

Numerous internet sites that utilize a so-called “National Criminal database” have sprung up in recent years promising cheap instant background checks that deliver criminal information on anyone. These sites typically claim to have compiled million records from every state so users can know if someone is a criminal at the click of a button. These databases appear to offer employers an instant criminal check at a very low price.

Although a multi-state records database can be a powerful tool as part of an overall background check, applicants with criminal records can easily be missed, and people without reportable records can be incorrectly identified as criminals, both results carrying negative financial and legal implications for employers. Anyone using these databases, especially for employment purposes, needs to understand the limitations and legal exposure associated with using them. Here are just some of the issues:

• Multi-jurisdictional database are NOT official FBI database searches. FBI records are only available to certain employers or industries where Congress or a state has granted access. Searches offered by web sites are drawn from government data that is commercially available or has been made public. 

• So-called national criminal searches are a research tool only and are NOT a substitute for a hands-on search at the county court level under any circumstances. The best use for these databases is to indicate additional places for a background firm to search in case a record is found in a jurisdiction that was not searched at the county court level.

• Many states have very limited database information that is available to employers. Examples of states where such databases may have very limited value are California and New York. Texas is another state where database information can be wildly inaccurate.

• Databases in each state are compiled from a number of sources. There are a number of reasons that database information may not be accurate or complete. Because of the nature of databases, the appearance of a person’s name on a database is not an indication the person is criminal any more than the absence of a name shows he/she is not a criminal. In other words, these databases can contain results that are a “false positive,” or a “false negative.” Any lack of a match is not the same as a person being “cleared.”

In addition, there are also significant legal complications for employers. Any search from an internet site for employment is subject to the federal Fair Credit Reporting Act (FCRA) an often times state laws, which highly regulates employment background checks. There are some instant “criminal sites” that do not bother to make that clear or mention it only in the “fine print.”

Also, keep in mind that a criminal record should not be used to automatically disqualify an applicant, without taking into account the Equal Employment Opportunity Commission (EEOC) rules as to what is a job-related criminal offense. Otherwise, an employer may find themselves facing allegations of discrimination.

The bottom-line is that these do it yourself criminal searches are not always as good as advertised, are NOT the real thing when it comes to criminal checks, and can easily get an employer into legal hot water.

For more information on background checks, visit Employment Screening Resources (ESR).