Background Screening 101

National & Multi-State Background Check Insights for Employers

Written by Michael Klazema | Sep 11, 2024 11:14:51 AM

National and multi-state background checks are essential tools for employers aiming to make informed hiring decisions. By expanding background screening results across multiple jurisdictions, companies can ensure a more comprehensive assessment of potential employees. This approach reduces the risk of overlooking critical information that may not be captured in a single jurisdiction.

Key takeaway: Employers should consider broadening their background checks to include national and multi-state searches for thorough evaluations.

A compelling example is the case of Jonathan Clayton, whose missing national background check led to significant public safety concerns. This incident underscores the importance of conducting thorough multi-state screenings to prevent similar oversights. 

Background checks are essential tools in the employment screening process. They comprehensively evaluate an applicant's history, helping employers make informed hiring decisions and mitigate risks. 

Types of Data Included

Background checks can incorporate various levels of data:

  • Federal Data: Criminal records from federal courts and information on federal crimes such as embezzlement or tax evasion.
  • State Data: State-level criminal records and crimes prosecuted at the state level, including theft, assault, and drug offenses.
  • Local Data: County or municipal court records and localized offenses often not reported to state or federal databases. 

Importance of Multi-Jurisdictional Searches

Relying solely on local databases can lead to incomplete assessments. Using a multi-jurisdictional database, such as a national criminal database, ensures a more thorough review by covering multiple regions where the applicant may have lived or committed offenses. This approach provides a holistic view, enhancing accuracy and reliability in background screening. 

The Case Study: Jonathan Clayton

The Jonathan Clayton case is a stark reminder of how vital comprehensive background checks are. Jonathan Clayton, who secured employment through the Kansas Department of Commerce, had a troubling history that went unnoticed due to incomplete screening processes. 

Implications for Public Safety

  • Clayton's prior offenses included serious charges that posed significant risks to public safety.
  • His hiring without a thorough national background check resulted in a preventable security lapse. 

Missing National Background Check

  • Local searches failed to reveal Clayton's criminal record in other states.
  • A national and multi-state background check could have provided a holistic view of his past, ensuring better decision-making.
  • The oversight underscores the need for accountability in government hiring processes.

This case highlights how relying solely on local databases can lead to dangerous oversights. By incorporating national and multi-state screenings, employers can mitigate risks and uphold public safety standards more effectively. 

Benefits of National and Multi-State Background Checks for Employers

Expanding employer background screening to multiple jurisdictions is crucial for making informed hiring decisions. National and multi-state checks provide a comprehensive view of an applicant's history, covering federal, state, and local data. This level of scrutiny helps identify potential red flags that might be missed in single-jurisdiction searches.

Key Benefits:

  • Enhanced Decision-Making: Access to broader datasets allows employers to uncover criminal records or other pertinent information from various regions. This information ensures a more complete understanding of an applicant's background.
  • Workplace Safety: By identifying individuals with histories of violence or fraud across different states, employers can better safeguard their work environments. This knowledge is particularly vital for industries such as childcare, where employee trustworthiness directly impacts vulnerable populations.
  • Regulatory Compliance: Many industries are governed by strict regulations regarding employee backgrounds. Comprehensive background checks help ensure compliance with these standards, reducing the risk of legal issues and maintaining industry reputation. 

Example Industries:

  • Childcare Sector: Ensures all employees have clean records across states, protecting children from potential harm.
  • Healthcare: Identifies past misconduct or legal issues, ensuring patient safety.

By integrating national and multi-state checks into the pre-employment background check process, employers can significantly mitigate hiring risks while adhering to regulatory requirements. 

Limitations of Relying Solely on Local Searches

Relying exclusively on local databases for background checks presents several risks:

  • Incomplete Assessments: Local searches often miss crucial information. For instance, if an applicant has committed offenses outside the jurisdiction of the local database, those records remain undiscovered.

Example: A candidate with a clean record in one state may have multiple convictions in another. Without national coverage, these details go unnoticed.

  • Data Sources for Background Checks: National databases aggregate records from federal, state, and local levels, offering a more comprehensive view. These records contrast sharply with county-level searches that only reflect localized data.
  • Accuracy of Criminal Searches: National checks provide a broader scope, extracting data from various jurisdictions. It reduces the risk of missing pertinent criminal history compared to relying solely on local repositories.

By expanding the search parameters to include multiple jurisdictions, employers understand potential hires better and mitigate the risks associated with incomplete assessments. 

Ensuring Data Accuracy and Compliance in Background Checks

Maintaining accurate records is essential for reliable background checks. Regular database updates ensure the information used during screenings is current and precise. The update frequency of databases directly impacts the quality of the data, making it a critical factor for employers to consider. 

Legal standards play a crucial role in governing background checks. Adherence to these standards ensures compliance and protects the rights of individuals undergoing screening. The Fair Credit Reporting Act (FCRA) is one such regulation that mandates specific procedures for obtaining and using consumer information. Compliance with FCRA is crucial as it:

  • Requires employers to inform applicants about background checks.
  • Mandates obtaining written consent from applicants.
  • Ensures candidates have the right to dispute inaccurate information.

When considering these legal frameworks, the importance of national and multi-state background checks becomes evident. By expanding beyond local searches, employers can access a broader range of data, which aligns with the stringent requirements set forth by regulations like the FCRA.

Employers must prioritize accuracy and compliance to make informed hiring decisions while adhering to legal obligations. This approach mitigates risks and fosters a transparent and fair hiring process.

In conclusion, the importance of national and multi-state background checks cannot be overstated. They provide employers with a comprehensive view of an applicant's history, significantly reducing the risk of overlooking critical information that local searches might miss.

The case of Jonathan Clayton serves as a pertinent reminder of the potential consequences of incomplete background checks. Employers can make more informed hiring decisions and uphold public safety standards by ensuring data accuracy and compliance with legal standards, such as the Fair Credit Reporting Act.