The Truth About Nationwide Criminal Searches

Searching for Criminal Records is much more complicated than it appears.  Contrary to popular belief, there is NO Central Database available to private companies that can instantly find a person’s criminal record.

ALL National Criminal Databases available to Background Screening Companies are not true warehouses of the nation’s criminal records.  The National Crime Information Center (NCIC) is the closest thing to a true national database and contains criminal and justice related information that is maintained by the FBI.  It is illegal for private companies to obtain criminal information from the NCIC without government authorization.  There are over 10,000 state and federal courthouses in the United States which are spread out over some 3,400 jurisdictions, each with its own records file.  Despite claims made by various companies, there’s simply not a national computer database containing all criminal records that is available to private employers.

National Criminal databases are assembled from a hodgepodge of various sources that are willing to make their data public or to sell their data.  Generally speaking, criminal records databases are compiled by private companies who purchase information from a variety of sources including: state court records and repositories, correctional records, and county courts that make their data available.  These databases do not cover all counties and may not be up to date, accurate, or complete; thus they are not compliant with the FCRA Guidelines. 

As with any consumer report, legal compliance is an issue and specific requirements must be met as dictated by the Federal Fair Credit Reporting Act (FCRA).  The information collected for a National Criminal Database is collected from hundreds of sources and the scope and timelines of the information varies greatly.  Some jurisdictions do not maintain this type of information electronically, do not sell it, and/or update it in a timely manner. Therefore, database searches cannot be considered a complete and accurate nationwide criminal search in accordance with the FCRA.  

Criminal records databases compiled by non-government entities should only be used as indicators of possible records. A "hit" on the Nationwide Criminal Database Check does not ensure that the applicant is a criminal, and a "clear" result does not always indicate that the applicant does not have a criminal record.  Prior to making any report about a potential or current employee to an employer about a possible "hit", in accordance with the FCRA, the information must be confirmed at the original source (e.g., the county court of jurisdiction). This will ensure the information is up to date and has not been changed.

The liability in negligent hiring is abundant.  Statistics show that employers lose 79% of negligent hiring cases and courts have ruled that employers have a general duty to perform a criminal background check.  The best practices for employers are to identify counties associated with the applicant, and to search those counties by going into the courthouse and performing a physical search.  Database searches can be used to supplement on-site court searches of relevant counties, but a stand alone search could very possibly expose the employer to a negligent hiring suit.