A Word About Databases - The Pros and the Cons

Employment Screening Resources (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, it is critical to understand that:

• Multi-jurisdictional database are NOT official 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.
• Multi-jurisdictional and statewide databases searches are a research tool only and are not a substitute for a hands-on search at the county level under any circumstances (or the functional equivalent of a county level search).  The best use is to indicate additional places to search in case a record is found in a jurisdiction that was not searched at the county court level. 
• In addition, not all states have a database that are available to employers.  In some instances, the databases that are available have limited information.  Therefore the value of these searches may be very limited in some states. That means searches in those states should be conducted by a single state search in order to locate all possible names.    An employer should carefully review what information is available in their state and not merely depend upon a database search.
• Databases in each state are compiled from a number of sources.  There are a number of reasons that database information may not be accurate or complete.  Because of the nature of databases, the appearance of a person's name on a database is not an indication the person is criminal any more than the absence of a name shows he/she is not a criminal. Any positive match MUST be verified by reviewing the actual court records.  Any lack of a match is not the same as a person being "cleared." However, a database is a valuable tool in helping employers cover a wider area and know where to search for more information.
• There are some states that make official state police records or records directly form the court available.  However, even these databases have potential drawbacks. The information may not be reportable under state or federal la for various reasons. . Information from these sources should be reviewed by a qualified background checking professional. 
• 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.  The database description will indicate where the records do not contain a date of birth, which means a search of that state will have little or no value. 
• All possible "hits" should be reconfirmed at the county court level to insure that the information is accurate, complete and up to date at the time it is reported, per FCRA Section 613. Also keep in mind that a criminal record should not be used to automatically disqualify an applicant, without taking into account the EEOC rules as to what is a job-related criminal offense. 
• The Sex Offender database is derived from the state-maintained registry, and is updated monthly.  Where it is possible, more frequent updates are obtained.  While some states utilize a simple numeric categorization, ranking offenders 1, 2, or 3, not all states follow this convention, and instead use descriptors such as 'repeat offender,' 'violent offender,' 'first-time offender,' and so forth.  California's Megan's Law Internet site is statutorily divided into two display classifications in accordance with Penal Code section 290.46.

Full Address
A sex offender in this classification will have his or her full residence address displayed, if the individual is not deemed to be a transient, is not incarcerated, or is not an offender who is deemed 'unknown.' Generally, 'Full Address' disclosure will occur if the offender has been convicted of any of the following:

• Lewd conduct with a child under the age of 14;
• A sex offense involving force or fear;
• A designated sex crime with a prior or subsequent conviction for a sex crime that required registration; and/or
• An offense resulting in commitment as a Sexually Violent Predator, as defined in Welfare and Institutions Code section 6600.

NOTE: Sex offenders who do not fall into either the 'Full Address' or 'ZIP Code Only' display classification are, by statute, not disclosed or displayed on the Megan's Law Internet site and are designated as 'No Post' sex offenders. These individuals are still required to register as sex offenders. In addition, the statute allows certain sex offenders to apply for and be granted exclusion from disclosure to the public. These individuals are designated as 'excluded' sex offenders.

Additionally, states will redefine policies which can either increase or decrease the offenders that are made available.  It is important to note that each update received consists of a full refresh and contains what each originating agency deems to be public information at that time.  Where appropriate, the Sex Offender database maintains previously supplied registries in its archive when consistent with applicable state and federal laws.

STATES CONTAINING "NO DOB" JURISDICTIONS

Please see a detailed report on the use of statewide searches co-authored by ESR located at:  http://www.brbpub.com/articles/CriminalHistoryDB.pdf

In addition, ESR published an article about databases:  Criminal Databases & Pre-Employment Screening: The Good, the Bad, and the Ugly --Article from the July, 2005 edition of the Security Technology and Design magazine. 

For more information, contact ESR at http://www.esrcheck.com/contact.php