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County search vs Statewide search...Pros and Cons

One of the most misunderstood aspects of employment screening is the way that criminal records are researched.  There is no nationwide system that combines court records from all 50 states.  Maintaining and organizing criminal records is the responsibility of each individual state. The accessibility of the information is determined by state and/or county regulations.  It is important to recognize the difference between records kept on a county level and those maintained in a statewide system.  Understanding the pros and cons associated with each system will help you determine which search best suits your needs.

County search

Pros:
- A county search includes the most up to date information available.
- Records come directly from the courthouse instead of a database.
Cons:
- County searches only cover a limited geographical area. 
- Searching several counties can be more expensive than searching the state.
 

Statewide search

Pros:
- A statewide search covers all counties in the state.
- A statewide search can be less expensive than searching each county inividually.
Cons:
- Statewide searches are not available in all areas.
- Some states use databases that are updated infrequently and may exclude some counties. Our representatives have a thorough understanding of the criminal record system in every state.  We can explain the specifics of each state's court system and make suggestions regarding which search would be best for you.

Q: Is it legal to ask a person's birth date before a job offer is made?

It is legal to obtain the date of birth during the application process. It is not legal to discriminate based on a persons age when considering employment. 

Q: What is the importance of the date of birth on employment searches?

Every court has their own method of recording, storing and reporting the data from their files.  Language, codes and terminology are not always standard.  Some variables, however, remain constant.  When people are arrested the information taken and recorded starts with the name.  The identifier used next is the date of birth (DOB). This information is gathered by the information stated by the arrested individual and perhaps, any identification they may be carrying. Sometimes we are surprised to discover that the arrested individual has LIED!  Suspects in offenses may give false names, may have inaccurate ID’s and the street smart and/or repeat offenders frequently give false dates of birth to intentionally confuse. Why does this matter? Because, when researchers check court files they must first search by name.  If a name is found, they must look for “identifiers” to make sure of the identity of the individual.  The DOB is the first line of identification after the name.   

Many Americans mistakenly assume that files are recorded by Social Security Number.  This is not true.  Social Security Numbers may or may not be collected by the judicial systems and the current trend is to omit the SSN form public access files.  This move has come about due to privacy issues and the growing problem of identity theft.

How do we combat this? 
It is not always possible to be 100% sure that the information in the files is totally accurate but experienced researchers do their best to match the files they locate.  Sometimes as an employer you may be told that there is a delay in reporting due to a possible record.  Researchers may find records they believe belong to the person they are researching but may have to requisition additional court records and compare numerous documents in an attempt to verify identity.  There are also times when completed reports will state that records were matched by name only.  This is an indication that other identifiers were not available to confirm the match.


What can YOU do?

1. Make sure the applicant lists their DOB on the Release Authorization form

2. Be sure to correctly enter the DOB when ordering from Data Facts. 

3. Consider ordering a Social Trace as part of your order package.  This is a tool that often identifies additional information and may help you perform a more complete background search.

4. Consider ordering Motor Vehicle Records on your applicants.  By verifying the validity of their drivers’ license, a wealth of information may be revealed that would otherwise not come to light.

Q: How long does it take to get information when conducting a background search?

The average turn around time for a background search is 1 to 2 business days.

Q: What is the most accurate type of criminal record search?

A county court search for both felony and misdemeanor records is usually the most revealing source of information.

Q:  What is a National Criminal Database Search?

The National Criminal Database is a database compiled by private agencies collecting information from a variety of sources. Multiple sources, including some county records, some state Department of Corrections files; Sexual Offenders lists (from states requiring offenders to register) may contribute to the database. There may be felonies, misdemeanors or some traffic violations included in the database depending on the reporting source. Not all states or all counties report information to database providers and criminal information contained in the databases may not include dispositions, later amendments to the files or notices that the case has been expunged.

The NCDS is useful in providing a broader scope to a criminal search by including a greater geographic search area and is a good first step in a progressive search but it is not intended to replace a physical search of court records or to stand alone as a criminal records search.

Q: Is there a nationwide federal record search of criminal records available?

A nationwide registry of persons who have been incarcerated in a Federal prison is available. This report will show only those individuals who have served a sentence in a federal penitentiary but will not show those convicted with sentences which did not result in incarceration for a federal offence.

Q: Will all arrests be found in a county court search?

A search of county records will reveal most felony and misdemeanor arrests in that jurisdiction. However, Federal felony arrests will be posted in the Federal Court for the district.

Q: How will conducting a criminal records search for job applicants protect my firm from negligent hiring issues?

Conducting a reasonable search will help identify possible problems which could be quite costly to the company before a hiring decision is made. This information could help avoid problems resulting from absenteeism and tardiness, theft, violence or other costly misconduct. In addition, judges consider the effort an employer has made and the care given in the selection process when making decisions in negligent hiring suits

Q: What is a statewide criminal records search? Does every state offer this information? 

A statewide criminal records search offers information from the county courts on arrests for felony and misdemeanor crimes (depending on the state). The information is based on the data provided to the state from each reporting county. At this time, approximately 19 states offer this information.

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System Questions

Q: How do I order reports on-line?

For complete instructions on how to order a report click here: Order Reports

Q: What are the system requirements for using the Data Facts program?

Internet Explorer version 6.0 or greater with 128-bit encryption is recommended for program access. All development and testing was completed under Internet Explorer version 6.0. Even though this new program will work under IE version 5.5, it is recommended that you upgrade to version 6.0. This update will ensure that you are able to take advantage of all the benefits this new program and the functionality has to offer. It will also prevent any potential future errors when updates are made to this program.

It is recommended that the user have a fast internet connection other than dial-up since all transactions will be processed online. If you are using dial-up, the report order and retrieval process will be slower than if working on a fast internet connection.

Adobe Acrobat Reader is required to view/print the PDF report format. We recommend version 5.1 or higher.

Q: How do I verify what version of Internet Explorer I have?

To verify the version of Internet Explorer you are using:
1. Open Internet Explorer
2. Click on Help
3. Click on About Internet Explorer and verify the version listed
If you need to update your current version, this update can be completed by going to the following site:
http://www.microsoft.com/windows/ie/default.asp

Please keep in mind that your internet connection speed will determine how quickly this update process is completed. If you need assistance in upgrading, please contact Data Facts technical support at support@datafacts.com.

Q: How can I receive my reports when they are completed?

You can choose to receive reports via E-mail, fax or on-line.

Q: Can I receive a notice when my reports are completed?

Yes. We can send you a notice via E-mail that will notify you that your reports are ready to pick up on-line.

Q: Can I receive my invoice via E-mail?

Yes. We send all monthly invoices via E-mail.

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“The Data Facts’ staff is knowledgeable and very thorough. They go the extra mile to develop in depth information on employment references, criminal records and more. With Data Facts (name of company) has improved its quality of hires, reduced turnover and filled positions with candidates that are a better fit for the job. “

Fran, HR Manager
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