In This Section: Why Search? , Negligent Hiring
The Myth and Realities
Concerning Background Checks
There is No True National Search
When conducting a background search, it is imperative to check more than
one source. There is a common misconception that there is a National
Background Search that the general public can run, providing information
from every jurisdiction in the United States. This is not true, as the
only true National Background Search is the NCIC search, which is the
FBI search. This search can only be done by law enforcement entities,
and those specially trained by the FBI.
Many companies offer what they claim to be National Searches. These are
not true national searches; they are multi-jurisdictional searches,
searching selected jurisdictions across the United States. Some of these
jurisdictions reporting are Department of Corrections, and Sexual
Offender Registries. Not every jurisdiction is checked, and some states
are not included at all in these searches. However, these searches are
an excellent supplemental tool, but should not be used as the primary
search tool.
In order to conduct a proper background
search, the following steps should be taken:
1. Run a social security number trace: This will tell you where a person
has lived in the past seven to ten years, and if the social security
number belongs to them.
2. Check a state database or a multijurisdictional database. Do not do
this as a stand alone search: Databases should not be used as a
standalone search.
3. Run a hand searched county criminal report pulled from the County
courthouse. This will give you much more current information. The
correct way to run a background screen is to check every county the
person has lived in for the past seven to ten years.
4. Run a federal criminal record check: Federal offense will not show up
during a State or County search.
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If Requested, check driving history and
credit report.
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Ways To Check
Jurisdiction
There are ways to check every jurisdiction in the United States.
Individual county searches can be done utilizing trained researchers. By
knowing where the person has lived, each of those counties can be
checked. This can be done quite reasonably and in a short period of
time. A good comprehensive background search can be done for under $75.
Make certain that you are conducting the proper background searches.
Don't be misled into believing that a statewide check will always supply
you with all of the information you need. It won't!
A statewide search will not:
1. Report Criminal Records from other states
2. Report Federal Criminal Records
3. Report crimes committed in that state not sent in by the particular
county in the state where the offense took place.
Two examples underscore the need to check more than just a statewide
check. The first example deals with the person who committed crimes in
four different states, Oregon, Alaska, Minnesota and Florida, one of
which included murder. These crimes will not show up on a statewide
check in states other than these four. And if the particular
jurisdictions did not report the crimes, it will not show up.
The most recent example is the person who is now in custody in Harris
County Texas on a manslaughter/murder charge who has a criminal record
in Texas, Oregon, California, North Carolina, Oregon, and New Mexico. A
state of Texas check would only have uncovered his record in the state
of Texas, and that is only if counties in the state of Texas reported
these records in a complete and timely manner.
Once you have decided that your church or organization
is going to start checking the backgrounds of volunteers and staff, how
are you going to decide which company to use to perform your searches?
There are many excellent companies that perform background checks.
The question is should you use a large company or small company? In many
cases, the smaller company will be using the same sources to get the
information as the larger companies. This is especially true when
checking the local courthouses, as county researchers will work for many
different companies.
Here is what you should look for in a screening company:
Even though there are no absolute guarantees, if your church or your organization follows the guidelines and steps above, you will be getting the best available search that is being done by experienced people who are following the guidelines of the Fair Credit Reporting Act.