Conducting a Background Checks is a process not an event.
A full, complete, and thorough criminal background check requires a process of steps to assure accuracy. This is what we and other Concerned Screening Firms follow to conduct a professional level criminal background check that should be expected from a qualified background screening firm.
1. Verification of Identity.
A criminal background check ran on a false name or a correct given name and false Date of Birth(D.O.B.) is worthless. The first step in the criminal background check process is to verify the identity of the subject. If the subject is present and can present a valid photo I.D., verification is made. However, more commonly, this is not possible and the one must verify the subject’s identity through other sources.
2. Social Security Number (SSN)Validation Trace + Past Address History.
This requires securing the subject’s Name, SSN and D.O.B. An Appicant Release Form completed and signed by the Subject authorizing the Screening Firm to perform this Search is required by the Fair Credit Reporting Act(FCRA). This completed form must be in the possession of the Screening Firm before this Search can be initiated. The results from this Search is a reliable source of information as to where the subject has lived over the past ten years or so, or past address histories. This gives the Screener specific Cities & States to focus on. It should also identify any other names the person has previously lived under. Often other Names and Address will appear in the results. Most times it is an acquaintance of the Subject who they may have resided with, but not always. If a Name other than the Subjects does come up in the results, it could mean that the Subjects (Name, D.O.B., and SSN), Identity is being used by another individual.(Identity Theft)
3. State and or County Courthouse on site Criminal Record Search.
A Courthouse Researcher will then check court records in each of the counties the subject has lived for the past ten years. These court searches should be straight from the source, the Court's website, (if possible) or by having the Courthouse Researcher conduct a "name index" on site at the actual courthouse. If local, the Background Screener can do this. If the Courthouse is in another County or State, we have access to a network of Professional Courthouse Researchers that do these Seaches in all 50 States with a Report sent back to us generally in 1 - 3 Business Days(turnaround time).
4. Federal Courthouse Check.
The Background Screener will then do likewise at the federal court level, typically through a service called PACER. (Public Access to Court Electronic Records)
5. "Nationwide" Criminal Check.
Although we all see advertising for a "Nationwide" Background Check there is no "nationwide" criminal background check other than an All States Criminal and Sex Offender Database Searach is subject to data blind spots because of inconsistent updates of Records. We use All States Criminal, and Violent Sex Offender Search that fulfill two important needs. First, they often offer redundancy to records already checked directly at source courts. Secondly, there’s always the possibility that the subject of the investigation was convicted of a crime some place other than where they lived. Although these Database Criminal Searches are usually updated monthly, this leaves a time space of as least a Month that cannot be accounted for. The positives outweigh the negatives as long as this Search never is substituted for a State or County Courthouse on site Criminal Record Search.
6. State and County Department of Corrections(DOC), National and State to State Sex Offender Registry(SOR) and Administration of the Courts(AOC) Records Search.
To further cross check records for a criminal background check, the Screener will check state prison records, or State Department of Corrections (DOC) to see if there is any record of the person previously being incarcerated. It’s possible that the subject was sent to prison, but because of a data blind spot or other deficiency, the case was not found. When it’s learned that the subject has a history of incarceration, we dig further to locate the court case that resulted in the prison term. The federal prison system, which has an online lookup, (PACER) should also be checked.
7. Sex offender check.
This is a important Check that should be incluced in any Employment or Tenant Screening Report. Some states, such as California, place restrictions on use of the information. For example, it cannot be used to disqualify a job applicant. However, nothing in the law prevents the Screening Firm from going directly to the court, confirming the information, and then presenting it to his client.
8. Arrest reports.
For Employment and Tenant Screening, the FCRA allows reporting of convictions ONLY when the background check is done for these purposes. Therefore, arrests are not reportable by law in Employment and Tenant Screening. This is not the case in the event a Private Investigator is hired by a Client/Attorney to investigate an Individual for purposes than than an Employment and Tenant Screening.
9. Wants and Warrants.
As with arrest reports, this is another new, privately compiled version of the true Wants and Warrants search that was previously available to law enforcement only. Although it contains many data blind spots, this search is low priced. The Law is vague on the legality of these Checks and we choose not to use them until there is a more clear definition if they are legal or not.