Why would I need a National Criminal Records Check?
A National Criminal Records Check is key to the hiring process, ensuring safety, compliance, and organizational integrity. Here’s why you might need it:
1. Ensure Workplace Safety
It helps protect employees, clients, and customers by identifying candidates with a history of criminal activity that could pose risks to the workplace.
2. Protect Organizational Reputation
Prevents potential reputational damage by ensuring your organization is associated with trustworthy employees.
3. Compliance with Industry Regulations
Specific industries, like healthcare, education, finance, and transportation, have strict legal and regulatory requirements to screen for criminal records.
4. Reduce Liability Risks
Conducting a thorough check minimizes the risk of negligent hiring lawsuits, where employers may be held accountable for employee crimes.
5. Assess Candidate Suitability
Ensures candidates meet the ethical and legal standards required for the job, particularly for roles involving sensitive information, financial transactions, or vulnerable populations.
6. Protect Vulnerable Populations
If your organization works with children, the elderly, or disabled individuals, criminal record checks safeguard these populations.
7. Identify Relevant Criminal History
Provides a comprehensive view of a candidate’s misdemeanors and felonies across jurisdictions, ensuring no critical information is overlooked.
8. Demonstrate Due Diligence
A criminal records check shows that your organization takes hiring decisions seriously and prioritizes the safety and integrity of its operations.
Common Use Cases:
Childcare Providers: Ensuring employees have no history of offenses involving children.
Financial Institutions: Screening for theft or fraud to prevent financial misconduct.
Healthcare Providers: Verifying that employees meet legal requirements for patient care.
Transportation Services: Identifying DUIs or other offenses that could impact safety.
How is a National Criminal Records Check conducted?
A National Criminal Records Check involves searching criminal databases and public records across jurisdictions to identify potential criminal history associated with a candidate. Here’s how the process is conducted:
1. Collect Candidate Information
• Accurate and detailed information is gathered to ensure proper identification, including:
o Full name (including aliases or maiden names)
o Date of birth
o Social Security Number (SSN) or other national ID
o Address history, if applicable
2. Access Criminal Record Databases
The candidate’s details are checked against various databases, which may include:
• National Criminal Databases: Aggregated data from multiple jurisdictions, providing a broad view of potential records.
• County and State Records: Includes arrest records, court records, and convictions at the local level.
• Federal Records: Searches for offenses under federal jurisdiction, such as white-collar crimes or drug trafficking.
• Sex Offender Registries: Ensures compliance with laws and policies for roles involving vulnerable populations.
• Interstate Records: Checks across state lines for offenses in jurisdictions where the candidate previously lived or worked.
3. Conduct the Search
• The candidate’s information is matched against criminal records using:
Advanced search algorithms to account for variations in name spelling or aliases.
Detailed data verification to ensure records belong to the candidate, not someone with a similar name.
4. Verification and Review
• If records are found, the service provider verifies their accuracy by cross-referencing:
o Date of birth
o Middle names or other identifiers
o Known address history
• Verified results help eliminate false positives or mismatches.
5. Generate a Report
• A detailed report is created summarizing the findings, which may include:
o Nature of offenses (e.g., misdemeanors or felonies)
o Dates of charges, arrests, or convictions
o Jurisdictions involved
o Case outcomes (e.g., dismissals, convictions, or pending cases)
• If no records are found, the report confirms a precise result.
6. Review and Take Action
• Employers review the report to evaluate the relevance of any criminal history to the role:
Job Relevance: A DUI may not affect a desk job but could disqualify a driver.
Company Policies: Align decisions with internal hiring policies and industry standards.
• If an adverse action (e.g., disqualification) is taken, the employer must:
Notify the candidate of the decision and provide a copy of the report.
Allow the candidate to dispute inaccuracies or explain circumstances.
Is my consent required for National Criminal Records Check?
Yes, your explicit consent is required for a National Criminal Records Check.
Under federal laws such as the Fair Credit Reporting Act (FCRA), employers must obtain written permission to conduct a Sex Offender Check, especially when sensitive data like criminal history or credit reports are involved. You must sign authorization forms detailing the check and your rights.