New and pending state laws regarding background checks have sparked mass confusion for business. What type of information you are allowed to access; how you can use it to make a hiring decision – and when – vary by state. For many companies, large and small, the variety of options available only adds to the confusion.
Some organizations are turning to the FBI database, NCIC, for criminal history information on potential new hires. This data can come with significant limitations: employees or candidates must agree to fingerprinting (if not mandated by law for their specific career): do so at an approved facility; then employers must wait for results. Relying solely on NCIC for background checks may increase time-to-hire but still net less-than-stellar results.
Where Fingerprint Records Fall Short
The NCIC compiles submitted felony records from all 50 states and the District of Columbia. Other databases have additional information, including personally identifying information; arrests for felony and misdemeanor offenses; and the disposition of any charges. Access to these records may be limited, time consuming and expensive. There is generally a cost-per-record charge for the information.
Recent reporting has shown FBI records are incomplete at best. Participation in the program is voluntary, so not every law enforcement agency reports their data. Additionally, within the last few years, the Bureau recently changed its reporting systems and protocols: in some cases, jurisdictions have not yet made the switch. Others may lack the resources to dedicate to uploading data. Still others choose not to provide statistics at the federal level.
Fingerprint Data is Verifiably Incomplete
Even before the change to the new system, national crime statistics routinely miss one-fifth of local and state agency reports. Many states, including Illinois, Florida and West Virginia routinely remain at below 50% reporting to the database. The federal Bureau of Justice Statistics also cites more than 50% of violent crimes and about 70% of property crimes are never reported to the police.
In a statement to Newsweek, the FBI explained, “Participation in the FBI’s Uniform Crime Reporting (UCR) Program is voluntary. The accuracy of the statistics released by the FBI’s UCR Program is based on data contributors’ participation and adherence to national standards.”
While the database can provide some information, it is limited at best. For business owners trying to protect their company, workers and their reputation, relying on fingerprint checks is insufficient due diligence when it comes to hiring or retention.
What you won’t get from FBI fingerprint records
With the limited scope of the database and less than complete reporting, fingerprint records will not reveal what a comprehensive background check can uncover. A full background and reference check will provide a significantly more thorough picture of the applicant’s history and their suitability to join your firm.
Fingerprint checks will not reveal:
Applicants fired for theft if the company chose not to press charges . This may be due to the amount of time needed to testify against the former employee, or it might be due to fear of retaliation. Comprehensive background checks may reveal this information.
Misdemeanor theft arrests and convictions. Depending on the state, what constitutes misdemeanor theft can range from $200 to $2,500 (Texas/Wisconsin). Even if a past employer filed charges, depending on the amount and what database you access, the applicant’s record may only show misdemeanor convictions which will not be shown on fingerprint records. Comprehensive background checks may reveal this information.
Employees fired for discrimination, harassment or sexual harassment. These infractions are civil, not criminal, offenses and would not be reported to or recorded by the FBI. Comprehensive background checks may reveal this information.
Employees fired for verbal or physical abuse of a coworker or client if the victim does not press charges in fear of retaliation. Comprehensive background checks may reveal this information.
Falsifying licensure or professional credentials. Comprehensive background checks may reveal this information.
Falsifying or providing misleading information about experience, qualifications and/or education. Comprehensive background checks may reveal this information.
Social media screening which can uncover disturbing, disqualifying or illegal activity. Comprehensive background checks may reveal this information.
Protecting Your Organization
Whether you’re a business owner or employee, you rely on your company’s solvency to maintain your livelihood and your lifestyle. Incomplete new hire or retention background checks can put you at risk.
While states have limits on use of criminal background information in employment, that does not restrict an employer’s responsibility to do comprehensive background checks to assure they protect their staff, their customers and their business. FBI fingerprint checks are not complete or comprehensive.
Without a thorough background check, that compiles as much data from as many sources possible, at best you may make a bad hiring decision: at worst your employees, customers or organization could suffer irreparable harm.