Blog Post: Understanding Criminal Records…part 2 of 2

So, what does all of this mean when conducting criminal record searches?

On-Site Searches

It means that most felony and misdemeanor conviction records are kept at the county level and that an onsite search of the superior and justice courts performed by an experienced researcher is the most accurate, up-to-date method of conducting a criminal record search.

Since there are more than 10,000 courthouses in America , a nationwide criminal check is not practical.  Therefore, uncovering where an applicant has lived in the past is crucial in knowing where to search for criminal records. A social security trace and a quick review of the candidate’s resume to determine where he or she has worked and attended school should do the trick.

Database Searches

It is easy for employers to fall into the trap of wanting more “bang for the buck.” Beware of the national and statewide criminal database searches. They often have gigantic gaps in coverage and major limitations when it comes to accurate and timely records.

Statewide Searches

As far as statewide database searches, there are often many caveats that factor in to the quality of the search.

Again, using Arizona as an example, there are companies out there that will offer an Arizona “statewide” search that entails a search of the Department of Corrections, which only reports records of felony criminal convictions and guilty pleas on persons who have been sentenced to serve time at a state facility. The vast majority of people convicted of a crime never spend time in jail no less at a state correctional facility.

Additionally, not all jurisdictions are required to report their criminal record information to a central state repository; and when they do, often times the information is incomplete and outdated. According the U.S. Department of Justice, Bureau of Justice Statistics, only a little more than half of all arrest records in Arizona include information as to the final outcome of the case and even that information can take months to become available. Many other state databases contain less information than that and can take much longer to become available.

On that note, an employer should know the coverage of a statewide criminal search. There are companies that offer an Arizona court record search of statewide felony and misdemeanor dispositions from all counties except Pima and Maricopa.

First, most crimes are committed in the offender’s county of residence and secondly, according to the U.S. Census Bureau, in July 2002 there were approximately 5.4 million people in Arizona of which 4.2 million lived in Maricopa and Pima counties. So, this particular database search excludes 77 percent of Arizona ’s population.

Nationwide Searches

National database searches are along the same lines as the statewide database searches and because of their low cost and perceived depth can prove to be irresistible to the cost conscious HR professional or business owner.

Nationwide Criminal Search, National Criminal Search, USA Criminal Search; they go by different names but are all relatively similar. Yes, some large compiled databases are more comprehensive than others, but they all are limited by the same factors; which courts are willing to sell their criminal record information to the general public, what information does that include, how often is it updated and is it available in an electronic format that can be dumped into a massive database? 

In order to dispel many beliefs, simply understand that there is no “national” database containing all criminal records available to the general public. What information is available through database searches can be equated to fishing with a net that has huge holes in it. While you may be able to cover more geographic areas at a cheap price, a vast majority of criminal records will slip through undetected.

A Comprehensive Search

The foundation of a comprehensive criminal record search is the county level searches. Depending on your needs and budget limitations, you can then add additional layers such as the federal level, statewide and national database searches.

In order to understand exactly what you are getting, consider the source of the records, the methods in which they are searched and the expertise of the researcher.

Kevin Klimas is the founder and president of Clarifacts Inc, a privately held corporation focused exclusively on employment background screening services.  Clarifacts provides nationwide service across a variety of industries including healthcare, staffing, call center and non-profit just to name a few, with clients ranging from Fortune 500 companies to sole proprietorships.