| According to a story from ABC News on | | | | It is also critical to note that such databases can |
| October 13, 2008, there have been dozens of | | | | also contain "false negatives," which means that |
| lawsuits in the past two years alleging that | | | | person with a criminal record is falsely identified as |
| background checks have cost people jobs | | | | being clear. This can happen because these |
| because they were inaccurately identified as | | | | private databases are a quilted patchwork of data |
| criminals when in fact they were not. The story | | | | from a number of sources, with wide variations in |
| focused on the use of massive criminal | | | | accuracy, completeness and timeliness. Also, a |
| databases, where private firms have aggregated | | | | number of jurisdictions do not report any data at |
| millions of records that are not always accurate. | | | | all to these databases. |
| The inaccuracies come in two varieties: | | | | For example, such a database is of little use in |
| 1. The criterion used in the database is "name | | | | some large states like California or New York |
| match only" and reports a criminal record that in | | | | where little data is reported or identifiers are not |
| fact belongs to someone else. That is because | | | | provided. Although such databases can be valuable |
| such database searches may not always contain | | | | because they contains millions of records, they |
| identification data, such as date of birth. | | | | are best used as a pointer or lead generator for |
| 2. The database contains criminal records that are | | | | places to look for records, and should not replace |
| outdated and should not be considered by | | | | court searches of counties where a person has |
| employers, because something occurred after the | | | | lived or worked unless the database contains the |
| data was obtained which makes the record | | | | same information that is available at the |
| non-reportable, such as a deferred adjudication, | | | | courthouse. |
| expungement, a judge's order that records be | | | | In response to these concerns, a number of |
| sealed or some sort of judicial "set aside" under | | | | screening firms, including ESR, have adopted |
| state law. | | | | standards that would prevent inaccurate criminal |
| Here is why these errors occur: under the federal | | | | records from databases. This is also part of the |
| law that regulates pre-employment screening, the | | | | Concerned CRA standards at: |
| Fair Credit Reporting Act (FCRA), a screening firm | | | | The Concerned CRA standards are as follows: |
| has two options when it comes to the use of | | | | A CRA that chooses to display the "Responsible |
| these private databases. Under Section 613 of the | | | | Criminal Databases" seal is self-certifying that they |
| FCRA, a screening firm can either re-verify the | | | | subscribe to the following standards when using |
| criminal database records at the courthouse to | | | | criminal records in databases in the context of |
| ensure it is current and up-to-date, OR send a | | | | employment-related screening, exclusive of the |
| contemporaneous notice to the applicant advising | | | | screening of volunteers, tenants, and other |
| them that a criminal record is being reported | | | | non-employment relationships: |
| about them. | | | | 1. Criminal records databases compiled by |
| The problem arises in situations where a screening | | | | non-government entities will only be used as |
| firm chooses to utilize the "notice" option and | | | | indicators of possible records. Prior to making any |
| does not go to the courthouse to ensure the | | | | report about a potential or current employee to |
| record applies to the applicant and is proper to | | | | an employer about a criminal record from a |
| report. Although that is a legal practice under the | | | | database, the CRA will verify the information |
| FCRA, it is also a reason that some background | | | | directly with the reporting jurisdiction. This ensures |
| reports contain information that does not relate | | | | that employers make decisions based on accurate |
| to the applicant or should not have been reported, | | | | and up-to-date information. |
| sometimes referred to as a "false positive." | | | | 2. When using these databases it is important that |
| It should be noted that this is NOT an issue in | | | | current or prospective employer clients are |
| California, since that is the one state that | | | | provided information about the limited nature of |
| specifically requires a screening firm to ensure | | | | criminal records databases and the importance of |
| that public records are current and up-to-date. | | | | researching each applicant's criminal history in the |
| California law does not permit a screening firm to | | | | jurisdictions in which the applicant currently or |
| simply report what is in a database and send a | | | | previously has lived or worked. |
| notice to the applicant. | | | | |