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STATEWIDE OR COUNTY BACKGROUND CHECKS - WHICH WAY TO GO?
By Ronald Kern
More and more companies are performing background checks on their potential
employees. This is a good thing, right? Well, yes and no. Companies are
often uninformed about what they are actually receiving.
This article will hopefully better educate you on what the difference
is between a county background check -vs- statewide background check and
things to watch out for.
Many employers have the warm and cozy feeling when asked about pre-employment
screening. "Ah, we complete a statewide background check on all of our
employees and only persons with clean records work for us." However, this
isnĄt always the case. LetĄs look at the difference between "county" and
"statewide" background checks: COUNTY: County searches have a great advantage
because arrest and disposition records are initially stored in the countyĄs
courthouse. Usually they are hand-searched and more complete records are
obtained. One of the advantages is if someone has lived in one area (county)
for many years it is a relatively quick and easy search. This allows you
to gain a true picture of what this person has/hasnĄt done in the past.
If only one or two counties are needed, it isnĄt very expensive and yet
provides quality results. Another advantage of county background checks
is that usually at this level, you can obtain all charges, regardless
if they were convicted or not. This also proves to be valuable when deciding
on who to hire. Often times you can search for civil activity/records
as well when processing a county check. One disadvantage is the scope
of the search. You must identify each county the subject has lived in
and search each county to insure a complete and comprehensive search.
For example, there are 50 counties in Idaho. If you wanted a complete
check, you would have to have each county searched, which would cost a
fortune.
STATEWIDE: The main advantage of a state search is that for a relatively
small charge, you can search an entire state for criminal records. It
is not necessary to know all of the cities or counties your subject has
lived in. One disadvantage is that although many states makes the central
storage facility available, it does not have the authority to require
the countiesĄ participation in reporting. In other words, some counties
report and some donĄt. What happens if during a statewide background check
the county that your subject has three felonies in, doesnĄt report to
the state storage facility? Their record would come back clean, and placed
in their file, and everyone would be happy...especially your new employee,
who is a convicted felon. Another disadvantage is that information received
from a statewide facility/search only will show you felony or misdemeanor
convictions. WouldnĄt you want to know if your potential employee has
been arrested 14 times, but got off each time? Information on your subject
may exist at the county courthouse that would not appear on a statewide
search. Some states are more up to date than others, and some have better
access than others. Also, some states require a signed release or fingerprints
from the subject before you can do a statewide background check. For this
reason alone, I tend to shy away from statewide background checks. For
example, if you were to conduct a check on O.J. Simpson, it may or may
not come back that he was charged with first-degree murder due to the
fact he was never convicted of it. Guilty or not, you as the employer
should want to know about any and all charges, not just serious crimes
or ones that the subject has been convicted of. Do you see how these loopholes
could cause you many issues? Only law enforcement agencies have access
to a national search that is truly complete. This is through the National
Crime Information Center (NCIC). Be very cautious of anyone who says they
can do this type of search, as it could be a false statement, and may
be obtained illegally. All statewide searches have limitations as to their
comprehensiveness or accuracy. The official state repository, for example,
may want to limit its records to only those which resulted in a conviction;
dismissed cases would not be reported. A state repository may only maintain
records of felonies and gross misdemeanors; minor misdemeanors may not
be available. Not all states are available. Countywide records are always
the route to take to obtain best results in a special area.
Below are some examples of what you might get when conducting a statewide
background check from some states:
- AL - Some Jurisdictions Report More Than 7 Years, Some Less
- AR - Felony Only. Database Of All 75 Circuit Courts, Updated Monthly
- CA - Felony Only
- CO - Felony Records Only, Mainly Arrest Records
- CT - Database Search Convictions Only
- HI - Convictions Only
- ID - Some Jurisdictions Report More Than 7 Years
- KY - Convictions Only
- MI - Convictions Only
- MN - Some Misdemeanors, Convictions Only, Limited Disposition
- MO - Convictions Only
- MT - Felony Convictions Only
- NC - Basic 7 Year Search
- OH - Mainly Arrest Records, Limited Information
- OR - 7 Year Complete Records
- TN - Felony Only 120,000 Private Compiled Database
- TX - Felony & Misdemeanor Convictions Only
- WA - Felony & Misdemeanor / Traffic Convictions
Only Looking at the above you can see that if you did a "statewide" background
check on a subject in Kentucky, they could have 30 serious crimes/misdemeanors,
and you would never know it as they only report felony records. Also keep
in mind that what is a felony in one state, might only be a misdemeanor
in another state. States classify crimes differently. Statewide background
checks can sound good, feel good, and make you feel secure, but the results
may not be complete as you think they are. IsnĄt that why you are doing
a background check on them in the first place? Be cautious on statewide
background checks. Shadow Trackers Investigative Services can help you
decipher what might be best for you or your company. If you want someone
in your particular area simply contact us and we can refer you as we have
contacts in every state and most counties. In closing, just be sure that
you are fully aware of what you are actually getting.
It is imperative that you do not become faceted on the "feel good" approach
in conducting background checks. Ask questions, pry, and when in doubt,
ask for referrals, that is truly the best way to get the best results.
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Ronald Kern is
President of Shadow Trackers Investigative Services, est. 1992. He is
a member of Professional Private Investigators of Idaho, the National
Association of Investigative Specialists, and the Boise Area Chamber of
Commerce. P.I. Magazine chose Ron Kern as of one of the leading Private
Investigators in the USA in 1998. Contact Ron by visiting his award winning
web page at: www.shadowtrackers.com
Copyright: 2004, Ron Kern
All rights reserved.
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