Choosing the right person for the job is difficult for any employer. Astute decisions require balancing many aspects and occasionally making trade-offs. One factor you can’t trade off on, though, is safety. Pre-employment background screening helps you learn more about an individual and their potential suitability—or their level of risk. Many employers use these tools, and some even face requirements by law to do so. In doing so, these employers must understand how to access and rely upon accurate background checks.
Background checks are prevalent among employers to verify candidate information. While many organizations strive to ensure data accuracy, there are exceptions. Still, this doesn’t diminish the overall usefulness of background checks. Despite abundant records, they are still vastly accurate for verifying information.
To begin with, let’s consider inaccuracies that could stem from the criminal record systems.
There is no single unified and official source of all criminal records in the United States. Instead, records originate at the individual court level and filter into other databases over time. There are many different systems and courts, all on different timelines. One state might have a repository system that updates speedily, while the neighboring state takes weeks to update records reported from county courts.
State-level databases take time to update. Likewise, county courts may not always promptly report new records or changes to these state repositories. As a result, some background check products may not always have the most recent updates. Background check providers strive to access and maintain the most recent records, but circumstances beyond their control may impact what appears (or doesn’t) on a report.
These delays, such as ransomware attacks, may also occur at the state level. Record updates and processing delays may take longer in such circumstances. This does not necessarily make a background check inaccurate per sé but explains why discrepancies may occur.
Legislation may also make accurate reporting more challenging. For example, in California, court records may no longer contain birth date information—one of the primary tools used to match criminal records to a specific individual. Providers in such states face more challenges in ensuring they report the correct crimes, but there are solutions for that at backgroundchecks.com.
Yes. Services providing these reports have an explicit duty to deliver accurate and relevant information. Failing to do so is not only a potential breach of the law but also unacceptable customer service. Providers have a vested interest in delivering the most accurate and up-to-date information. Otherwise, doing so creates risks for the screening company and its clients.
Different reporting products and criminal background checks create a comprehensive screening process. Casting a wider net lets you obtain more detail and enhance confidence in results. For example, if a multi-jurisdictional database search indicates an applicant has a recent criminal record in a local county, you may request those court records, too. Doing so can help you find the most recent information relevant to your hiring process.
What else can you do to ensure you’re receiving accurate reports?
Choosing a reputable screening provider is a sure way to empower your process with accurate insights. While it is possible to handle the process solo, the likelihood of errors is higher. A good screening service provides many benefits. A professionally compiled and maintained database of records nationwide can offer a solid, fast starting point for your search. For example, our database provides instant results from a bank of more than 650 million criminal records from state and county systems nationwide.
Choose a provider with a good reputation in the industry and among employers. Explore any available case studies or evaluate user feedback and reviews. Look for a clear commitment to supporting compliance and delivering accurate results.
When ordering background checks, use as much information about your applicant as possible. This includes not just their date of birth but their middle name, too, where applicable. You may also use an address trace to uncover where an applicant may have lived and left behind criminal records in the past. When screening in metropolitan areas, tailor your searches to the unique challenges of these areas. Steps such as these help ensure you receive relevant and accurate information during the hiring process.
The Fair Credit Reporting Act requires that you follow a specific adverse action process when disqualifying someone because of a background check. This step is partly to let applicants dispute information they may believe is inaccurate. Why does this occur?
Remember that updates aren't always instant in such a massive system where changes occur continuously. Especially in states where new automatic expungement laws exist, court administrators may need to find and remove all the relevant records. In the meantime, some potentially ineligible records can reach background reports inadvertently.
That doesn’t mean checks aren’t reliable, but it does mean you must carefully follow the adverse action process. This includes providing a copy of the report you used, advising the applicant of their rights, and waiting an appropriate time for a response. Adhere to these practices or risk legal exposure.
If an applicant disputes your findings during pre-adverse action, you must suspend the hiring process and contact the screening company you used. The relevant company team will automatically begin an investigation to re-check the records.
They will assess whether these reports constitute a valid record and inform you if they were reported incorrectly. They will notify you of any updates or confirm that the report is accurate. In the latter scenario, you can issue a final adverse action notice and conclude the process. You should no longer consider that information if an applicant wins the dispute.
As we’ve seen, there are logistics and error-related reasons why background checks may contain a so-called inaccurate record. These reports remain reliable with the FCRA dispute mechanism as a safeguard to prevent unfair hiring decisions. Choosing the right partner is the first and most crucial step towards ensuring accuracy for employers. A background check provider focusing on frequent updates and detail-oriented maintenance of their records is a critical asset.
Background checks remain the gold standard in hiring because they provide essential information that is widely seen as reliable. Focus on developing a fully FCRA-compliant process aligned with the law, your needs, and applicant rights.
With support from backgroundchecks.com, employers can easily obtain accurate background checks from solutions built with SMBs in mind. Find out more about using these tools effectively in your hiring workflows today.