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Criminal Record Search |
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What It Will Tell |
Felony and misdemeanor convictions and pending cases, usually including date and nature of offense, identifiers such as date of birth, sentencing date, disposition and current status. ESR searches for all convictions located at the courthouse in the primary source of courthouse data. ESR reviews the results to determine what is reportable and to determine if they are sufficient identifiers. Some states limit results to seven years. However, the seven years can include criminal matters that occurred earlier than seven years under certain circumstances. The seven-year period means being free of custody for seven years. In some states with a seven year limit, a matter can be reported if the appellant is expected to earn ascertain salary level. A crime that occurred more than seven years ago may be reportable even in a seven-year state if any custody time was served within the past seven years. ESR does not report arrests NOT resulting in a conviction or dismissed charges in order to assist employers in complying with federal and state discrimination laws unless the employer specifically requests such data or it is permitted by state law. However, the FCRA limits arrests to seven years. There is no FCRA limitation on convictions, although many states impose a variation of a seven-year limitation or other rules. Those are summarized in ESR's 50 state legal guide which is available to clients.
It is critical to search both for felonies and misdemeanors to the extent possible in state court since many serious violations can be classified as misdemeanors. However, not all courts have misdemeanors available. Searches are performed at the central courthouse or by use of the same resources that are available at the central courthouse. Not all jurisdictions provide all misdemeanors. Misdemeanors or minor offenses filed in outlying courthouses or in Justice of the Peace courts may not always appear. Courts are searched using the most hands-on means available. That typically means going to the actual courthouse. In some cases, where the courthouse has placed their records online, ESR may use the Courts online access provided that it is the same information ESR would obtain at he courthouse, so that the online system is the functional equivalent of going to the courthouse. However, ESR does not substitute cheap commercial databases as a substitute for searches.
ESR can also search federal court records. The federal court system is an entirely separate court system from county courts. Federal courts are searched at the district court level utilizing a federal service called PACER. On occasion, Employers should be aware that positive identification can be difficult with federal searches due to lack of identifiers in federal court files.
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Reason You Need This Information |
It is critical information to protect your business and employee, helps protect employers from negligent hiring exposure, and helps reduce the threat of workplace violence, theft, disruption and other problems. Failure to honestly disclose a prior criminal conviction can also be the basis not to hire. For the maximum protection, all jurisdictions where an applicant has lived, worked, or studied in the past seven years should be checked. |
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Limitations/Notes on Using this Information |
There are some restrictions on certain information (such as arrests not resulting in convictions, expunged cases or cases were there is a form of delayed adjudication) or certain minor offenses. Employment cannot be automatically denied based upon a criminal record, but employers must demonstrate a sound business reason. Under federal and state EEOC rules, an employer must consider the nature and gravity of the offense, the nature of the job, and the age of the offense. Numerous states have specific rules that affect the use of criminal records for employment decisions. Contrary to popular perception, criminal records are not available by computer nationwide. The FBI database (NCIC) is restricted to employers who have specific governmental authorization, and even that search is subject to various errors. For private employers, the search must be conducted by examining the public records at each individual county courthouse that is potentially relevant. There are over 3,200 courthouses in the US. As with any event that depends upon human accuracy, there is always the possibility of error. In some courts, the court clerk conducts the search and the accuracy depends upon the court clerk. For example, in Los Angeles county, the most effective search is done by the court clerk, although court clerks generally search by exact name only. Some courts charge an access fee. For New York, there is an additional state imposed fee of $52 for a state provided statewide search. If obtaining New York records, inquire about special New York issues. In the event of a "hit" there can be delays beyond the control of ESR in obtaining the record since record production is controlled by the court clerk in each county. If there is a possible criminal record, it is critical to carefully review the underlying court documents to locate identifying information to determine if the criminal record in fact belongs to the subject of the search. The criminal record must also be examined to determine the details of the offense and whether the criminal matter is reportable. Sometimes an applicant may have a previous name or an "alias" name. For example, this can occur if an applicant has married and there has been a name change. A search for a criminal record does not include the previous name unless specifically requested since court indexes are maintained by the name the name used for the criminal filling. A search under a previous or different name is, in fact, a separate search. For all of the above reasons, criminal record searches are not an exact science and errors are always possible. There can be false negatives (i.e. a person is cleared who in fact has a criminal record) or false positive (i.e. a person is misidentified or is the subject of criminal identity theft). However, when used in conjunction with other safe hiring tools, criminal records checks, such as employment checks and social security traces, are extremely effective in protecting the workplace against hiring individuals who are dangerous, unfit, or unqualified for a particular job. |
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Special Note: Statewide and multi- jurisdictional databases and sexual offender databases |
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Limitations on Databases |
See: http://www.esrcheck.com/statewides/index.php for a state by state interactive map of available databases and criminal information. A Word about Databases: ESR is pleased to offer the most comprehensive multi-jurisdictional and statewide searches currently available. The advantage of these searches is that they cover a much larger geographical area than traditional county-level searches. However, there are critical limitations. Most importantly, these database are NOT FBI database searches. FBI records are only available to certain employers or industries where Congress or a state has granted access. Searches offered by background firms are drawn from government data that is commercially available or has been made public.
Databases for Employers and Volunteer Groups: Multi-jurisdictional criminal database search:
The services are available either on a PER STATE basis (for those states where information is available) or search of all databases that are instantly available with our special C.O.P.S. search- C.O.P.S. is our Criminal Offender Profile Summary™ Summary Report: A powerful high-speed multi jurisdictional search of state and county criminal records databases.The e C.O.P.S. - Criminal Offender Profile Summary™ returns information drawn from all 50 states plus the District of Columbia. The search also has sexual offender information available. The search quickly returns offender information in a condensed, easy to comprehend format. The search is based upon matching last name, the date of birth and the first three letters of the first name in order to eliminate computer matches that are not applicable. Note: In some states, there is no or limited date of birth information. Supplemental State Searches: Sexual Offender Databases: VolunteerScreening:Safety First" ESR is also pleased to offer a special service to volunteer and faith-based organizations known as Safety First, allowing access to the national multi-jurisdictional databases at greatly reduced fees. In some states, volunteer organizations that deal with youth, the elderly or individuals at risk, may have special access to information from form a state. In California for example, the Attorney General's office provides qualified organizations access to a fingerprint program. To the extent that such information is likely to be broader and more complete, such organizations may wish to consider such options. Information offered by private screening firms may be less then is available from official state sources. For more information, contact ESR for details |
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Credit Report |
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What It Will Tell |
Credit history and public records such as judgments, liens and bankruptcies. May include previous employers, addresses and other names used. |
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Reason You Need This Information |
A credit report may help determine whether an employee is suitable for a position that involves handling cash or exercising financial discretion as well as a possible way to gauge trustworthiness and reliability. |
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Limitations/Notes on Using this Information |
A credit report should only be requested when it is specifically relevant to a job function and the employer has appropriate policies and procedures in place to ensure that the use of credit reports are relevant and fair. Of all of the screening tools available a credit report is probably the most sensitive so caution should be utilized. In California, Oklahoma and Minnesota, applicants have additional rights asking them to check a box to obtain their credit reports as well as their consumer report. There are strict rules concerning who may obtain credit reports ESR conducts an on-site inspection of all employers who request credit reports to ensure that only established businesses with a permissible business purpose (employment) will receive credit reports. Certain employers may not be eligible to receive credit reports. Three states, Hawaii, Oregon and Washington, have imposed limitatins on obtaining and using credit reports and other states are considering limitations. See ESR for more detail, For more on the pros and cons of the use of credit reports, and why empoyers should approach this tool with caution, See ESR article on credit reports »» |
Professional Licenses and Education |
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What It Will Tell |
Verifies the type of license; whether it is currently valid, dates issued, state; and licensing authority. Education checks will verify dates of attendance and degrees. ESR can also provide special background services, such as compliance with the Pilot Record improvement Act (PRIA). |
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Reason You Need This Information |
This search confirms whether an applicant has the required credentials licenses or education claimed. There is a high rate of fraudulent education claims |
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Limitations/Notes on Using This Information |
As with all pre-employment screening, it must be a valid predictor of job performance. If a licensing agency or school cannot verify data, the applicant should be given an opportunity to explain before assuming the applicant has lied since there can be an explanation for a discrepancy. Employers need to be aware of "diploma mills" that grant worthless degrees. ESR goes through an extensive process to first verify if a school has been accredited. If ESR cannot locate an accreditation, ESR will then go though a procedure to look for diploma mills. ESR performs the verification process by contacting the school register offices schools. Sometimes there can be a delay if a release or a fee is needed. High school and GED requests are typically subject to delay since it often requires mailing a release and/or check. Keep in mind that schools are on an academic schedule, and may be closed for breaks or summer vacations. Some schools outsource their data to third parties, the ESR will contact on the employer's behalf, and an additional fee may be involved. Professional licenses are obtained by identifying and contacting the agency that issued the license. ESR will attempt to ascertain the current status, the date granted and the date of expatriation. If there are any negative history associated with a license, ESR will report that as well.
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Worker's Compensation |
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What it will Tell |
Information about Worker's Compensation claims and previous injuries. |
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Reason You need this Information |
This information allows the employer to conduct post-job offer reviews in compliance with strict standards of the Americans with Disabilities Act (ADA). |
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Limitations/Notes on Using this Information |
Federal and state laws regulate the use of these records. You should have policies and procedures in place before requesting or utilizing these records. The critical consideration is that an applicant may not be discriminated against on the basis of a lawful exercise of a right to file a claim nor be denied employment if they are able to perform the essential job function with or without reasonable accommodations and are not a health or safety threat to themselves or others. See: http://www.esrcheck.com/wordpress/1403/use-of-workers-compensation-records-extreme-caution-advised |
Safe Hiring Resources
Safe Hiring Videos –
Featuring Attorney Les Rosen
Video clips used by permission of Kantola Productions
The advantages of having ESR as your Safe Hiring Partner »
The ESR Joint Commission Hospital Compliance Database »
ESR Global Service — International background checks »
Testimonials »»
