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, there doesn’t appear to be a comprehensive solution available.
Some organizations are turning to the FBI database, NCIC, for criminal history information on potential new hires. While the system is available to all, it comes with significant limitations. Relying solely on NCIC for background checks will likely put your business at risk.
Where Fingerprint Records Fall Short
The NCIC is a compilation of submitted felony records from all 50 states and the District of Columbia. It maintains the data in perpetuity: in rare cases, individuals may request records are purged, but only if they are exonerated of the crime for which they were convicted. That process itself can be lengthy. The database includes only felony records, and there are limitations on those, as well.
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. Adding to the information deficit: the database does not include misdemeanor arrests or convictions.
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 can 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, the applicant’s record may only show misdemeanor convictions which will not be shown on fingerprint records. Comprehensive background checks can 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 can 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 can reveal this information.
Falsifying licensure or professional credentials. Comprehensive background checks can reveal this information.
Falsifying or providing misleading information about experience, qualifications and/or education. Comprehensive background checks can reveal this information.
Social media screening which can uncover disturbing, disqualifying or illegal activity. Comprehensive background checks can 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, at best you may make a bad hiring decision: at worst your employees, customers or organization could suffer irreparable harm.