| In today's world background checks on other | | | | "Slow And Expensive Limited Area Background |
| people have become a necessary part of our | | | | Checks." But, in fact, some areas of the |
| business and sometimes, personal life. What | | | | country, like the Carolinas and most of |
| parent now days would not first check a | | | | California require exactly that, records that |
| person's background before they hire a nanny | | | | must be searched in person at each local |
| for their children, for example? And what | | | | county courthouse. |
| small business wouldn't check the background | | | | |
| of a person hired to manage the bank accounts | | | | These companies get records where they can |
| of that business? Large businesses issue | | | | get them for free; usually from a state's |
| Requests For Proposals to choose a background | | | | Department of Corrections, which means you |
| check company that best suits their needs in | | | | are only getting info on a person if he/she |
| terms of the services offered, information | | | | has been convicted of a felony and sentenced |
| management, price and reliability. They then | | | | to prison. When most people think of a |
| usually establish a long term relationship | | | | criminal history background check they think |
| with that selected company. But what about | | | | of all arrests and convictions; both |
| the rest of us? Are we even allowed to | | | | misdemeanors and felonies and the court |
| "check up" on another person and how do we go | | | | disposition, guilty or not guilty and the |
| about it? | | | | sentence. As you can see, if you are getting |
| | | | only felony convictions, you are getting only |
| SURPRISING TRUTH # 1: Anybody can do a | | | | a small piece of the pie. For example; a |
| background check on anybody, any time they | | | | person could be arrested a couple of times |
| want to. Now I know that I've lost some of | | | | for having drug paraphernalia or a small |
| you who now think that I am off my rocker | | | | amount of drugs in his or her possession. If |
| because you know that there are all sorts of | | | | the records you are getting only include |
| forms that you have to sign with all kinds of | | | | felony convictions, you would have no record |
| legal warnings with criminal penalties and | | | | of that person's drug abuse. |
| such, but I'll say it again. "ANYBODY CAN DO | | | | |
| A BACKGROUND CHECK ON ANYONE, ANY TIME THEY | | | | The other problem that these Instant |
| FEEL LIKE IT." Because I want you to read | | | | Nationwide background checks have is that in |
| this whole article, I am not going to explain | | | | many areas of the country they get nothing at |
| those statements until further into the | | | | all because the states or the county superior |
| article. | | | | courts or district courts don't furnish them |
| | | | with free records. Here is another example: |
| SURPRISING TRUTH # 2: There is no instant | | | | Suppose you are a parent in San Francisco, |
| national database of all criminal records | | | | Las Vegas, Salt Lake City, Boston, Atlanta or |
| that you can access. Now I know that you are | | | | New Orleans (just to name a few) and you want |
| sure that I am crazy. "Why just last night | | | | to do a criminal background check. You go |
| on Law & Order they got the bad guy's record | | | | online and type in "background check" in |
| . . ." There, you are talking about NCIC, | | | | Yahoo or Google and right away you see the |
| the National Crime Information Center or | | | | ads for the "Instant Nationwide" background |
| otherwise known as the FBI files. While the | | | | checks. You choose one of the websites that |
| FBI maintains the best and most accurate | | | | offers instant records, you pay your $19.95 |
| records, unfortunately, you can't get them, | | | | or $49.95 and you put in the information on |
| unless of course you are a federally insured | | | | the person you want checked. Instantly the |
| bank, a defense department contractor, a | | | | website tells you that there is no record |
| nuclear power plant, a branch of the | | | | found based on the info that you have |
| government itself or some other such entity. | | | | provided. You feel great! You go ahead and |
| A surprising amount of otherwise intelligent | | | | tell the nanny that she can start tomorrow |
| people think that there are giant government | | | | because she has passed the background check. |
| databases with information on everyone | | | | Here comes the big kick in the gut. . . What |
| including their criminal history, job | | | | the website didn't tell you is that their |
| history, credit files an even what books they | | | | database records don't search any of those |
| check out of the library and what videos they | | | | areas at all. You just paid $19.95 or $49.95 |
| rent. If that were true, why does it take the | | | | and got NOTHING, ZERO, ZIP, NADA. |
| government itself four months and $2400 to | | | | Disclosure: Actually the proceeding sentence |
| conduct its own background checks? Don't | | | | is not 100% true. In Nevada and Louisiana the |
| believe me? Look here: | | | | databases do search currently incarcerated |
| | | | prisoners in their respective prison systems. |
| SURPRISING TRUTH # 3: There is a big, big | | | | So if your potential nanny is in prison |
| difference between everywhere and anywhere. | | | | right now then it would tell you that he/she |
| These database companies advertise that they | | | | is in prison, but I guess you would already |
| search everywhere, or at least that's what | | | | know that. |
| they want you to believe. Using the word | | | | |
| Nationwide is designed to make you think that | | | | Now to explain the # 1 Surprising Truth: |
| they check everywhere. The question then | | | | I'll say it again: Anyone can check anyone, |
| becomes, "If you don't check everywhere, what | | | | anytime. If you are so inclined, you can |
| do you check?" The answer is that you should | | | | check the criminal or civil record (or lack |
| check anywhere a person has lived or worked. | | | | thereof) of your daughter's boyfriend (I do |
| Does it really help to check a database of | | | | that on a regular basis) your crazy neighbor |
| Orange County, California if the person has | | | | next door, your business partner, your |
| always lived and worked in Orange County, | | | | doctor, your ex-husband, your mayor or even |
| Florida or vice versa? | | | | any of the presidential candidates. In fact, |
| | | | you don't even have to be a citizen of the |
| So if there's no such thing as an instant | | | | USA to get these records. You can walk into |
| nationwide database what are these companies | | | | the Superior Court (District Court in some |
| selling? First let me tell you what these | | | | states) clerk's office, in the jurisdiction |
| databases are good for and then I'll tell you | | | | where that person lives/lived, go up to the |
| why they are dangerous. In some states of | | | | counter, fill out a slip of paper, hand it to |
| the USA their REAL criminal records are | | | | the clerk and wait for the results. Remember |
| available in some kind of publicly accessible | | | | that you will only get the records from that |
| form. It may be on the internet and it may | | | | county, i.e., if a person lived in multiple |
| require a subscription or acknowledgement of | | | | counties you would have to check each of |
| permissible purpose for its use, but it is | | | | them. The subject of your search could be an |
| available. Texas is a good example of this. | | | | axe murderer from the next county over, but |
| For a small fee you can go online and access | | | | your county court clerk would not have a |
| the REAL criminal records of the state of | | | | record of it. |
| Texas. Florida, Minnesota and Virginia are | | | | |
| other examples of where you can get via these | | | | OK, now you've got the information, what do |
| database services what I call "REAL" records. | | | | you do with it? This is the area where the |
| The problem is that these database companies | | | | law is concerned; what you do with the |
| don't tell the consumer (you) that is most | | | | information! If you use this information to |
| cases and in most areas of the country you | | | | discriminate against a person, deny them |
| are getting either nothing or marginal | | | | employment, housing or entrance to a school, |
| information at best. | | | | etc. then you are violating the law and |
| | | | opening yourself to big time liabilities and |
| Here's why. The companies that collect and | | | | possible lawsuits. This is what all of the |
| sell these database records, and the hundreds | | | | consent forms with warnings are all about. |
| of companies that re-sell this information do | | | | It's not the getting of the information that |
| not emphasize the weakness of their systems. | | | | the laws are concerned with but the use of |
| This is why they emphasize the words | | | | it. |
| "instant" and "nationwide" in their | | | | |
| promotions. Everyone wants cheap and instant | | | | In summary, read the fine print and ask |
| as opposed to slow and expensive, don't they? | | | | questions to get the real records you want. |
| Can you imagine a website that advertises | | | | |