12091125 - Level II Training Book

12/5/25

Criminal Record Risks: Online vs. County Searches

Online Database Searches Advantages: • Fast results (often instant) • Lower cost per search • Broad geographic coverage • Useful as supplementary tool Significant Limitations: •

Direct County Searches Advantages: •

Official source: Primary court records

Complete information: Full case details and dispositions Current data: Most up-to-date information available FCRA compliant: Meets reasonable procedures standard

• • •

Considerations: •

Incomplete data: Not all counties report to databases Update delays: May lag weeks or months behind court records Missing dispositions: Often lack final case outcomes

Higher cost per county searched

• •

• • •

Longer turnaround time (24-72 hours typical) Requires knowing which counties to search Geographic limitations (searches by jurisdiction)

• FCRA compliance risks: Requires verification before adverse action

Product

Offense

Product

Offense

Classification

Online County

Clear

Live County

CT1 RAPE, FIRST DEGREE, CT2 RAPE, FIRST DEGREE, CT3 LEWD, INDECENT OR OBSCENE ACT, CT4 KIDNAPPING, CT5 ROBBERY, FIRST DEGREE, CT6 ELUDING A POLICE OFFICER CT1 POSSESSION OF CONTROLLED SUBSTANCE EXCEPT 35 GRAMS OR LESS OF MARIJUANA,CT2 POSSESSION OF UP TO 35 GRAMS MARIJUANA

Disposed: Conviction 04/19/2010, CT1 FELONY, CT2 FELONY, CT3 FELONY, CT4 FELONY, CT5 FELONY, CT6 FELONY

Online County

Clear

Live County

CT1 Felony;CT2 Misdemeanor;CT3 Misdemeanor;Pending Next Court Date 02/21/2017

Best Practice Recommendation: Use nationwide databases as an additional layer of protection to supplement county searches, not as a replacement. County searches should remain your primary criminal search methodology for positions of trust or access to vulnerable populations.

35

FBI NCIC Fingerprint Searches: Understanding the Limitations

While FBI fingerprint searches access the National Crime Information Center (NCIC) database, they have significant limitations, making them insufficient as a standalone screening tool for employment background checks. Critical FBI Database Limitations: Fingerprint Matching Requirement

Only includes records for individuals fingerprinted during arrest; not all offenses or jurisdictions require fingerprinting.

Significant Reporting Time Lags

States' varied reporting schedules cause weeks to months of delays in arrest record updates.

Inconsistent State Reporting

Lack of federal mandate leads to inconsistent state reporting; participation varies greatly.

Missing Disposition Information

Only 45-50% of records include case dispositions, complicating FCRA-compliant reporting.

Industry Standard Position The FBI database is not considered reliable as a single source for employment background screening. Industry best practices require supplementing FBI searches with direct county court searches to ensure comprehensive coverage.

Some states mandate FBI fingerprint checks for specific regulated positions (healthcare, education, childcare), but these should be viewed as a minimum requirement, not a complete screening solution.

36

18

Made with FlippingBook - Online catalogs