Important Information Regarding Some Common Searches
In this section we will look at some common background searches, and explain some basics about them. Of course, this is in no way designed to offer a full understanding of each search. But we do want you to know the important fundamental ideas about each search and know why you might choose to utilize them.
The Social Security Number Trace
Some applicants might give you incomplete information regarding their identity and addresses. They might do this to try to hide some derogatory background history. Knowing your applicant’s identity and residential history is vital information you must have. The best way to obtain this info is a trace on their social security number. This search is a great place to start.
Because the Social Security Administration does not release information contained within its files to the general public, we obtain the information from some of the National Credit Bureaus. All of the info we need is there. When anyone utilizes their Social Security Number for any financial reason: loan applications, credit cards, auto loans, apartment rentals, etc; the information they supply on the credit application is submitted to the Credit Bureau. They maintain a history of the names and addresses used by the applicant. So this information is critical when tracing a person’s name and residence history. This search combined with the proper criminal search will lead to the most accurate information available regarding your applicant’s background.
In the SSN trace, all names and addresses linked to the applicant will be listed. The report will show any and all names and addresses linked to the SSN, without concern for who the SSN actually belongs to. If the applicant has been married, used aliases or had a name change, had a residence move, and the information was given on a credit application – then it will show here.
It’s important to note that if the applicant has changed their name or address and it has not been used on a credit application, then it will not be shown in this report. So how do you use this information? The answer is to use it in conjunction with a criminal history. You review the names and addresses given by the applicant and cross check those shown by the SSN trace. By doing this, you might find some names and/or addresses not given by the applicant because they are trying to hide a possible criminal history. Background Info USA strongly recommends running criminal record searches on all names and within all jurisdictions revealed by the SSN trace.
The Criminal Record Search
The Criminal record is the most widely requested search, and is the foundation of most background screenings. Criminal records are found primarily by a name and a date of birth. If your applicant has any name changes or known aliases, those names must be searched individually.
An important note: Criminal records are very jurisdictionally based. Currently, there isn’t a single, nationwide source for criminal records for non-law enforcement purposes. So if the applicant or the SSN trace shows addresses in 3 states, then you must search their criminal record in each one of those states. If your current vendor is selling you a national search, you hopefully understand what you’re missing. (See additional article titled “Why You Must Never Rely on a National Criminal Search for Pre-Employment Purposes”)
To limit your exposure and liability, you must run criminal searches on your applicants. You might still decide to hire an applicant even if a negative criminal record is found. But the fact that you know about the record and its details is important in limiting your liability.
Basically speaking, criminal records are placed in two categories – arrest records and conviction records. Legal rulings by the courts state that arrests on their own cannot be used as the determining factor. An arrest must be followed up with a conviction to be justified in not hiring or placing someone. Because of the complicated issues regarding the laws, it is highly recommended by Background Info USA that you use a professional background screening company to insure you stay in compliance with all Federal, State and Local regulations.
Depending on the specific nature of the crime, their records are found in one of five systems; City, County, State, Federal or National. The type of crime committed will determine which court handles each case.
Federal Court
If a person is tried by the United States government in a U.S. District Court, it is a Federal-level case. Terrorism, Securities Fraud, Treason etc…are crimes that you would find here. Because defendants are identified in the federal access system by name only, if a match is found, additional research may be required to confirm a positive identification. At Background Info USA, we maintain the necessary man-power to obtain records from the Federal Courthouses for these purposes.
State Arrest Records
Each state will have a governing judicial body that will house its own databank of arrest records. Some of these systems are tracked and driven by fingerprinting. Because this is an arrest record system, there will be no disposition information on the charges. There are advantages and disadvantages to this. The advantage is the arrest records themselves may show a pattern that could pose a concern. This pattern could be a concern whether any conviction was entered or not. The disadvantage obviously is you will not know if the person was ever convicted for the crimes they were arrested for.
Statewide records are not available in all states. In addition, the turnaround times will vary from state to state.
State Court Records
There are sources that will keep systems of city and county level courthouse records. There are a few important things to note about these sources. They might be a judicial body of the state, or it could be an independent contractor hired by the state. In some instances, it could be an independent contractor that is purchasing the county records and compiling the records themselves in their own database. These factors raise several questions. Do all the jurisdictions report to the same system? How often are these records updated? How complete are the records with the dispositions, sentencing information etc…?
At Background Info USA, we have a system in place that allows us to utilize State Level searches in conjunction with other searches. This is because of the reasons and questions raised in the above paragraph. You will find these searches are not updated with enough frequency, the turnaround time can be lengthy and some of the release forms can be quite extensive. It is for these reasons we recommend performing your criminal records directly at the county or city level.
County Level Court Records
These important searches are indexed by a name and date of birth, so if the applicants name has been changed you must run each search separately to assure a complete record. In these records, you will find the cases that contain the felony and misdemeanor records. Each jurisdiction is broken down to two levels, superior court and county court. The superior court is where you will find most felony cases, and the county court is where you’ll find most misdemeanor cases.
Because each case is indexed by name and date of birth, it’s important you review the Social Security Number Trace and compare it against the release form completed by the applicant. You have to know what names the applicant has used and what jurisdictions need to be searched.
At Background Info USA, the background screening process is designed so that it does more than simply verify the information provided by your applicant. Remember, people with derogatory backgrounds are applying to you, and they know how to hide certain information. The background search must uncover the information your applicant doesn’t want you to know.
Our system is designed to automatically assign research to the county jurisdictions revealed by social security/address verification for the past 7 years. This takes the guesswork out of your research. We can limit the number of searches added to a certain time frame or a maximum number ordered based on your preferences.
Background Info USA always recommends searching the first and second level courts when available. We keep an ongoing network that has access to records from the County Courthouses for these specific purposes.
City Court (Municipal)
This is where you’ll find most minor misdemeanor and petty offenses. In most of these cases, the individual was simply issued a summons to appear in court. This is the lowest level court and is sometimes referred to as city court.
Because there are so many cities within each county in every state, researching these background investigations would be an overwhelming task. That coupled with the fact that you’d find primarily minor offenses like parking violations, etc. makes this type of search quite costly and not very time effective.
The severity of charges found here probably does not warrant spending the time and money to get the results of these searches. If, however, your situation is more sensitive and these searches are important, they would be obtained by using the applicants name and DOB.
National Criminal Search
Right now, there is no single, nationwide source for criminal records available for non-law enforcement purposes. As stated previously, if your applicant release form or SSN trace shows addresses in several states, you must search their criminal record in each of those locations.
If your vendor is only selling you a “national” search, you must understand that you are not getting ‘accurate’ results. This is only a database, and you will only get info that is ‘input’ into the system. The outcomes are not always found, which renders this information quite meaningless.
At Background Info USA, we do utilize databases, however, we apply certain principles as we discussed in this article. We will only utilize a database monitored and sanctioned by the agency responsible for its data, ones that are updated with certain frequency and provide complete information.
Credit Reports
This search may be important especially for a position where financial responsibility is considered. This report can be ordered will contain complete disclosure of the applicant’s financial background. It will also give details on all accounts including date opened, balance, line of credit and payment history. The credit report will also contain records of any delinquent accounts, collection accounts, bankruptcies and judgments. Sometimes a credit report can be a little tricky to read because of the many details. Background Info USA is here to assist you and to help familiarize you with this report.
Drivers History
Anytime an employee or personnel will be driving on behalf of the company, the driver’s history is an important search. Access to a person’s Driver’s History is regulated by the Drivers Privacy Protection Act. The DPPA limits the use of a driver’s motor vehicle record to certain purposes. These are defined in 18 U.S.C. #2721:
· Use in matters of motor vehicle safety, theft, emissions, product recalls.
· Legitimate government agency functions.
· Motor vehicle market research and surveys.
· Legitimate business needs in transactions initiated by the individual to verify accuracy of personal information.
· Use in connections with a civil, criminal, administrative or arbitral proceeding.
· Research activities and statistical reports, so long as personal information is not disclosed or used to contact individuals.
· Insurance activities.
· Notice for towed or impounded vehicles.
· Use by licensed investigators or security service.
· Use b private toll transportation facilities.
· In response to requests for individual records if the State has obtained express consent from the individual.
· For bulk marketing distribution if the State has obtained express consent from the individual.
· Use by any requestor where the requestor can show written consent of the individual.
· For any other legitimate State use if it relates to motor vehicle or public safety.
If you have a release form from the applicant and meet any one of these requirements, a Driver’s Record may be reviewed at your discretion.
Workers Compensation Claims Search
Only after a conditional job offer has been made can an applicant’s history of workers compensation claims be reviewed. Not all states will allow public access into their workers compensation files and many have specific release form requirements. Most of the time the information returned will contain:
Workers Compensation File Number
Date of Injury
Body Part Affected
Employer at the time of incident
The American with Disabilities Act prohibits an employer from discriminating against an applicant based on disability. However, the information you obtain by a search of workers compensation case filings may give insight into an applicant’s ability to adequately perform the duties of the position they are applying for.
Verifications
These can come in a variety of forms. Most employers will typically perform verifications on an applicant’s former employment history, education and degrees, personal references, certificates, designations and professional licenses. The employment verification is by far the most common and used as a tool to gain insight into an applicant’s qualifications.
Today, many employers are beginning to limit what information they are willing to provide on former employees so that they are not subject to defamation suits. Usually, you will only be able to verify dates of employment, position held and possibly their eligibility for rehire.
Professional Licenses, Education and Certificates are substantially more accessible as the verification is typically conducted through resources that are created to provide verification of their files. Depending on the sources, the information will vary.
The searches listed are the most common. There are many other searches and services Background Info USA can provide for you. Searches that are not described here but that may be specific to your industry. Feel free to contact our office for additional information or with any questions at 888-665-6229.
