What is an Instant Background Check and Why Isn’t it Enough?

Can Database Searches be use in the background screening process?

Yes, and in fact most of the packages we offer include a multi-jurisdictional database search because while not reliable for definitive reporting of criminal records, they are good for providing “pointer data” to tell us which local courts we need to be accessing for potential “hits.”

When a record (hit) is found in a multi-jurisdictional database, the federal Fair Credit Reporting Act (FCRA) outline our responsibilities to ensure that the data is timely, accurate, and up to date.

• Section 607(b) of the FCRA requires “reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.”
• Section 613(a) of the FCRA requires that a consumer reporting agency (CRA) reporting any potentially adverse public record in an employment-related background check must either:
  • Provide contemporaneous notification to the consumer (the person on whom the background investigation is being conducted) at the same time the information is provided to an employer, or
  • “Maintain strict procedures” to ensure that the reported information matches the current public record. In other words, verify the record at the originating source, i.e., the local courthouse.

Many firms choose contemporaneous notice to comply with the FCRA, if they attempt to comply at all because it’s easy and cheap; however, contemporaneous notice does nothing to ensure that the information provided by the database is correct and it puts the onus on your applicant to dispute the accuracy of the information, creating an atmosphere of fear & distrust, and adding frustration on the part of your applicant to deal with a situation that may ultimately prove unrelated to them. Plus, we cannot forget the additional delay of filling your open position because you now have an applicant tied up in adverse action based upon what may very well turn out to be Here at EDIFY we verify all database “hits” at the originating source before reporting them out rather than rely upon contemporaneous notice. We believe this is the most legally compliant procedure and the most ethical way to verify any criminal records found in multi-jurisdictional databases in order to protect you and your applicants.

Now what about multiple hits in multiple locations from a database search? On occasion, multi-jurisdictional database will provide criminal records from more than one county, requiring that before we report the records, we must initiate research in multiple counties. In the past, we have sought ways to save our clients the expense of this additional research but unfortunately, the on-site county level search is not only justified but necessary to provide you legally compliant information, and so verifying database hits at the originating source is our standard process.

How long should a legitimate background check take?

The average TAT (Turn Around Time) is 24-48 hours for most background checks; however, depending on court access, remoteness, clerk availability, and many other factors such as court closures for holidays, weather events, and even COVID outbreaks the turnaround time can be much longer than average. Typically, under normal circumstance TAT’s largely boil down to two factors.

1. The depth a client wants to achieve (i.e., 10-year, 7-year, 3-year, or even 1-year criminal history); making the TAT dependent on where the applicant has lived, worked or gone to school in the past, which could include international locations which can take weeks to get results. Plus, it can also come down to
   what is found after the initial research because sometimes, we need additional court documents to validate findings in order to keep your use compliant with the FCRA or state laws.
2. The capability of the courts. Courts that offer direct electronic access with identifiers turn very quickly vs. off-line clerk assisted or manual courts that take much longer because case files must be pulled, searched, and manually copied by paid researchers and/or county staff. Additionally, in the era of COVID, some courts close access for days and even weeks due to staffing issues which creates extended delays and huge backlogs.

In today’s hyper litigious culture, the pressure of starting, growing, and maintaining a healthy organization is in large part dependent upon making the right hiring and firing decisions. Negligent hiring and retention lawsuits are becoming common, and courts and juries are not sympathetic to companies that “should have known” the background of their employees before and after hiring them. As a result, employers LOSE more than 79% of negligent hiring and retention cases, and those that decide to settle before going to trial average paying more than $1,000,000 per incident! This means, it is more important than ever to run Background Checks in order to gain accurate and actionable information for your hiring decisions; and this article will help you better understand the background check process, and what to expect as you go about selecting a screening partner.

EDIFY Background Screening is headquartered in Greensboro, NC. As members of the PBSA, Concerned CRA’s, and designated as a Preferred Partner with many of our clients, EDIFY Background Screening uses the latest in technology and process development to provide Nationwide, Comprehensive, Fast, and Affordable background screening to a wide range of industries across the country.