Instead, the appropriate
use of criminal records databases compiled by non-government entities is as a useful indicator of possible records — not as the authoritative source.
However, when all of the anecdotes being used against our industry seem to come from the irresponsible
use of criminal records databases, I believe that responsible companies must advocate for accuracy and consumer protection and make themselves available to legislators and regulators.
Not exact matches
Using statistical learning and data - mining algorithms, the model
uses the measurable results
of these decisions,
recorded in a
criminal incident
database, to determine if crimes are linked.
Users are encouraged to
use law enforcement
databases (such as Bureau
of Prisons) where
records can be perused for previous
criminal interaction
of potential suitors.
Responsible
Use of Databases: While national
records should be positioned as an important indicator to guide
criminal records searches at a local level, they should never be any employer's sole source
of criminal record information.
When
using criminal records in
databases in the context
of employment - related screening, exclusive
of the screening
of volunteers, tenants, and other non-employment relationships:
Each
of these suits involves a complex web
of legal issues and accusations — one involving an alleged failure to follow adverse action notification protocol that resulted in an expunged
criminal record being
used against a prospective employee; another revolves around the alleged misuse
of background screening disclosure and authorization forms and reporting
of background information that is not legal for a background check company to report (resulting in adverse action against a hopeful applicant); and the third was news
of a $ 18.6 M settlement over the
use of unverified
criminal database research.
We believe that
criminal records databases are valuable sources
of information if they are
used in a responsible manner.
Among the most common
of the less - than - best practices, is the prevalent
use of outdated and incomplete commercial
databases for primary
criminal record sourcing.
The trends include: Number 1: Controversy over Whether Employers
Using Credit Reports for Employment Screening is Discriminatory Increases Number 2: Questions about
Criminal Records of Job Applicants Become More Difficult for Employers to Ask Number 3: Employers Discover Fast and Cheap Online Background Checks
Using Criminal Databases Not Always Accurate or Legal Number 4: Background Checks
of Temporary Workers Cause for Concern for Employers as Hiring Increases Number 5: International Background Screening More Necessary Due to Mobility
of Workers in Global Economy Number 6:
Using Social Network Sites Such as Facebook to Screen Job Candidates Increases Legal Risk for Employers Number 7: More Workplace Violence Prevention Education Helps Protect Employers and Employees Number 8: Increased Privacy Concerns Over Offshoring
of Personally Identifiable Information (PII) Number 9: E-Verify and I - 9 Audits Help Government Find Employers with Illegal Workers Number 10: New Accreditation Standards Help Employers Select Background Screening Firms
Criminal databases, although valuable due to the millions
of records, should not be
used as a primary tool for screening, due to issues
of accuracy, timeliness and complexities.
Employment Screening Resources — a nationwide background check firm accredited by The National Association
of Professional background Screeners (NAPBS)-- takes the position that
databases should only be
used for secondary research and not as the primary source
of information since inexpensive and instant
database searches with unreliable results could may miss
criminal records and give both employers and consumers a false sense
of security.
Although a multi-state
records database can be a powerful tool when
used by a qualified employment screening firm as part
of an overall background check, employers who think they are getting a real
criminal background check can be in for a rude awaking when they discover that such searches are far from the real thing.