How You could be missing criminal records

As with any building, you could use many tools and materials to get to your finished project.

This idea also applies when you build your screening process.

How strong should it be? How deep should it go? Where should you be looking?

Once you understand the available reports, you can decide if you should use them in your screening process.

You operate a non-regulated business.

A non-regulated business can be defined as those not in healthcare, financials, or DOT regulated.

As reviewed in the previous article, a base screening package should include a Multi-State and County criminal search. The depth and breadth of these searches depend on your appetite for risk.

What else is there?

There is another level of criminal searches that you should be aware of.

Let’s be clear. While the Multi-State and County searches include some Federal sources, they don’t include Federal criminal records. A Federal Criminal Records search reviews criminal records at the Federal level. You will not find these at the County or State level.

Records that you find with a Federal Criminal Records search can include mail fraud, drug trafficking, embezzlement, and kidnapping. Like the other criminal searches we’ve discussed, you have options. You can search these reports by the given name only or can include developed names from an Address History Search.

You operate a regulated business.

A regulated business can be defined as those that operate in healthcare, financials, or DOT regulated. 

Regulated businesses have other points to consider.

What are the regulations for your industry? 

While the criminal reports mentioned provide you with quality information, we need to know, does this follow your regulations? Most DOT regulations center on non-criminal details, (e.g., Verifications, References, Drug Screening, etc.), some industries focus more on the types of criminal reports.

Healthcare is one of the most regulated industries that need specific criminal reports for pre-employment purposes. 

Types of healthcare businesses include a Hospital, Nursing Home, Long Term Care Center, or Assisted Living Facility.

Let’s say that you were utilizing the suggested base package of an Address History Search, Multi-State, and County Criminal Records Search. In some situations, you may be out of compliance. While you have reduced your initial expense, you are increasing your compliance liability in the process.

A base package cannot replace a fingerprint or state-specific search requirement. A few states would allow these reports to serve as your screening process, but most have specific minimum guidelines. These vary by State. You always have an option to strengthen that search by supplementing it with other search types.

How can a screening company help you?

Background checks are even more nuanced when working in a regulated industry. The requirements can become even more nuanced if you are operating in a regulated sector among many states.

The best way a screening company can help build HR confidence is by understanding the industry and state(s) you operate in, your risk level, and your recruiting process.

Gain HR confidence in background checks by having a conversation with your screening provider. Share pertinent information with them so they can help you out. Which states do you work in? What positions do you hire? What does your recruiting process look like? This information helps a screening provider deliver a preferred application and background check method.

This information is provided as a courtesy, may change, and is not intended as legal guidance.