Criminal Database Search
A Criminal Database Search is a background screening tool that checks multiple national, state, and local criminal record repositories for potential offenses associated with an individual. These searches help employers identify convictions or pending cases but should always be verified at the county or state level for accuracy before taking employment action.
Compliance note
- Criminal database searches may contain outdated or incomplete information; employers must verify records at the source before making decisions.
- Under the Fair Credit Reporting Act (FCRA), employers must obtain written consent before conducting any criminal background check.
- Any adverse decision based on criminal data requires a pre-adverse and post-adverse action process to ensure compliance.
- Employers should also follow EEOC guidance to ensure decisions are job-related and consistent with business necessity.
Related Terms and Posts
- Background Check
- Consumer Report
- Disclosure and Authorization
- Adjudication
- Beyond the Magic Database: What Hiring Managers Must Know About Background Check Limits and Realities (Blog)
- Comprehensive Overview of Retail Background Check Types (Blog)
- Criminal History Checks in the Manufacturing Sector: A Guide for Employers (Blog)
Frequently Asked Questions
Q: What is a Criminal Database Search?
A: It’s a background screening process that aggregates data from various criminal record sources nationwide to identify potential convictions or pending charges.
A: It’s a background screening process that aggregates data from various criminal record sources nationwide to identify potential convictions or pending charges.
Q: Are national criminal databases always accurate?
A: Not necessarily. These databases are not comprehensive or always up to date, which is why verification at the county or state level is essential before taking employment action.
A: Not necessarily. These databases are not comprehensive or always up to date, which is why verification at the county or state level is essential before taking employment action.
Q: What are the compliance risks of relying solely on database searches?
A: Employers who act on unverified data risk FCRA violations and discrimination claims. Always follow adverse action protocols and confirm record accuracy before making hiring decisions.
A: Employers who act on unverified data risk FCRA violations and discrimination claims. Always follow adverse action protocols and confirm record accuracy before making hiring decisions.
DISCLAIMER: The information provided in this glossary is for general informational purposes only and should not be construed as legal advice. While we strive for accuracy, EDIFY Background Screening does not guarantee that the definitions or explanations are complete, up to date, or error-free. Employers should always consult with competent legal counsel to ensure compliance with applicable laws and regulations.
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