Background Check Buyer Beware

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