Not to be confused with Federal District Courthouse Criminal searches, which returns records that are distinct misdemeanors and felonies in nature, the National Criminal Records Database is also known as the NCIS. This search involves querying a vast collection of over 2,800 databases sourced from State, County, and US Territory agencies across the country, serving as a key, initial step in evaluating a candidate’s criminal background. Employers often utilize the National Criminal Records Database as a fundamental part of their pre-employment screening process, aiming to make well-informed hiring decisions. Let’s break down its most important pros and cons.
The National Criminal Records Database is most valuable when used as a compass that helps point to potential criminality and then paired with local criminal searches at applicable County Courthouses for further investigation.
Turn has direct access to all 3,144 Courthouses in the USA, along with US territories and their subdivisions, and offers multiple variations of local County Courthouse level Criminal searches that can be paired with the National Criminal Records database.
**Note: 7 and 10-year lookbacks address-based lookbacks offer the most comprehensive coverage when paired with the National Criminal Records search. 7 and 10-year intervals are best practice because most States’ reporting windows for felony convictions and non convictions is 7 years.
Employers utilizing third-party providers like Turn must adhere to the Fair Credit Reporting Act (FCRA) guidelines. These include obtaining written consent from candidates before conducting background checks, providing candidates with copies of background reports and a summary of their FCRA rights, and following specific steps in cases of adverse action. Providers like Turn have access to nationwide databases and can assist in ensuring compliance with federal, state, and local background check laws.
The Equal Employment Opportunity Commission (EEOC) offers guidance to prevent discriminatory practices in the use of national criminal background checks. Employers should ensure their screening processes apply uniformly to all candidates.
It’s essential to be aware of state and local laws that may impact the background check process, such as “Ban the Box” laws (such as the recent changes in Chicago). Employers operating in various jurisdictions should consult their legal counsel to ensure compliance with relevant laws.
Working with trusted third-party providers like Turn, which employs technology to reduce bias and maintain compliance with federal, state, and local laws, can help organizations navigate the complex landscape of background checks.
National Background Checks pose an efficient tool for employers, they cover a wide range of areas that could easily be complemented with county court information based on an applicant’s address history. As a result, reports are more detailed, accurate, and provide an up-to-date picture of the candidate’s criminal history.
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Disclaimer: Turn’s Blog does not provide legal advice, guidance, or counsel. Companies should consult their own legal counsel to address their compliance responsibilities under the FCRA and applicable state and local laws. Turn explicitly disclaims any warranties or assumes responsibility for damages associated with or arising out of the provided information.
