INTRODUCTION

The term “criminal background check” is a term that means different things to different people. To a police detective with access to powerful state and federal law enforcement databases, it means a comprehensive summary of all arrests, convictions and other contacts with the criminal justice system. To a licensed private investigator, it may mean a more limited but carefully crafted review of available public records. To a member of the public not familiar with criminal background checks, there may be uncertainty as to exactly what it does and does not include. Or worse, there may be unrealistic expectations.

This special report seeks to put forth in plain language the elements of a private sector criminal background check and to discuss some of the pitfalls inherent to using Internet-based criminal record services. It includes a model criminal background check, outlining the steps that a check being conducted by a professional private investigator would entail. Finally, it addresses the issue of whether a member of the public is better off to try a do-it-yourself background check versus hiring a professional.

Summary of Available Data Sources for Private Sector Criminal Background Checks

Pitfall 1: Data Blind Spots in Internet-based Criminal Record Searches and the Myth of “Nationwide” Criminal Background Checks

Pitfall 2: Use of Personal Identifiers to Verify Identity of Offenders

Pitfall 3: Criminal Background Checks for Employers: Legal Considerations

The Importance of Redundancy in Records Checking

Model Private Sector "Best Practices" Criminal Background Check

Conclusion: The Role of Internet-based Criminal Record Searches

About the Author and Disclaimer

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