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Employers frequently call our offices to request FBI fingerprinting as a pre-employment screening service for their company, but are dismayed when told that this service is only available to employers required by state and federal legislation to have fingerprint based background checks. Certain job industries, such as education, volunteers, medical, and childcare providers, are required by law to receive fingerprint background checks through the FBI or state fingerprint databases. Certain private providers are authorized to electronically scan and transmit applicant’s fingerprints to these federal and state databases.
The truth is that neither the federal nor the state fingerprint database is the single best source for a pre-employment background check. The information reported varies from jurisdiction to jurisdiction and criminal records submitted into these databases may include arrest information not resulting in convictions, records that extend beyond reporting period scope, sealed or special disposition cases, deferred adjudications, and many other record types that may not be permissible for use for pre-employment screening purposes. The FCRA (Fair Credit Reporting Act) and various state legislation limits what type of records can be used for pre-employment screening purposes.
A 2005 study conducted by NAPBS (National Association of Professional Background Screeners) found that in a significant percentage of searches, the FBI database returned erroneous or incomplete information. The study, conducted by Craig N. Winston, an assistant professor of criminal justice at Sonoma State University, found that the FBI data lacks proper identifiers to credibly link a criminal hit with the subject of the investigation. Another finding was the large number of missed records and false positives that were generated. For example, when analyzing a sampling of 93,274 background checks in the state of Florida, Winston's search revealed that the database missed 11.7 percent of the criminal records it should have identified. Even worse - of the more than 10,000 criminal records found, 5.5 percent of them were falsely attributed those who were not convicted of a crime. Results of this study can be found at http://www.napbs.com.
A better solution for employers is to conduct criminal record research by county and city courts, based on the jurisdictions where the applicant lived, worked and went to school. A nationwide criminal and a sexual offender database check can be added to cast a wider net for an even more thorough pre-employment screen.