Why Going Beyond the State Minimum Is a Critical Business Decision
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The Problem with State and National Databases
The reality is state-mandated background checks often aren’t enough to protect your business and your clients.
- Moving is the norm: The average American moves 11.7 times in their lifetime. This high rate of mobility means an applicant’s criminal history may exist in multiple jurisdictions, and a single state check may not capture it all.¹
- Incomplete state data: County-level participation in state databases is not uniform. This can lead to a state’s database being incomplete, with information from some counties lacking or even missing entirely. This is a well-documented issue in many states.
- The FBI database isn’t comprehensive:
- Incomplete information: The FBI’s Integrated Automated Fingerprint Identification System (IAFIS) relies on data voluntarily submitted by state and local law enforcement agencies. According to a 2015 U.S. Government Accountability Office study, nearly half of all final outcome criminal records are missing from the FBI database because many jurisdictions do not report dispositions.²
- Delays: While electronic submissions have improved speed, getting results from the FBI can still be slow. Delays are often caused by poor quality fingerprints, high submission volume, or the need for manual review. This can put a significant strain on your hiring process.
- It’s not a complete check: The FBI database is a repository of criminal justice information; it’s not a comprehensive background check. It may lack civil records, motor vehicle records, or other critical information that could reveal a pattern of risky behavior.
The Consequences of Doing the Minimum Can Be Extremely Costly
Doing the bare minimum can expose your business to legal and financial devastation. Companies in the in-home health space have been hit with massive lawsuits due to negligent hiring, retention, and supervision. Here are some examples:
- A Georgia jury awarded a $10 million verdict in a wrongful death case against a company that failed to provide proper care, leading to a patient’s death.³ Lawsuits have also been successfully pursued against home healthcare agencies for injuries caused by caregivers who had a history of abuse that was not uncovered during the hiring process.
- A jury in Boston, Massachusetts, awarded a family $26.5 million after a home health aide, who had a criminal record, robbed and murdered a client. The lawsuit successfully argued that the home health agencies were negligent for failing to conduct a criminal background check.4
- In the case of Keith v. Health-Pro Home Care Services, Inc., a home care provider was sued for negligent hiring after an aide used her employment to orchestrate a home invasion and robbery. The court found that an employer can be held liable for an employee’s intentional actions if there is a clear connection between the job and the harm.5
How Critical Research Can Help
Multi-jurisdictional reach: We look for records that fall through the cracks.
Full-spectrum screening: We can check motor vehicle records, professional licenses, and even screen social media profiles.
Speed and compliance: All of our services are fully compliant and are completed in 1 to 3 business days.
Special Corporate Rate: Senior Helpers enjoy industry-low pricing.
