Is there a way to look up ACCURATE arrest records?
March 8, 2018 11:04 AM Subscribe
Those websites like BeenVerified and Intellius etc, suck big time.
I do a lot of personal hiring from CL- usually student for part time assistant stuff. So I do the background check thing using those sites and they charge you anywhere up to $40 for a background report. Problem is they are usually way off on the criminal front. I've had two instances now where I ended up taking on someone that was deemed to have no criminal background from the report, only to find out later from Police when trouble insued, that the person actually had several arrests and charges from the past. One guy was even charged with choking his girlfriend and almost killing her along with other domestic battery stuff yet his report came up clean.
Conclusion: Even the most criminally criminals come up clean on those reports so they are a complete waste of money.
Am I just looking at the wrong sites?
I do a lot of personal hiring from CL- usually student for part time assistant stuff. So I do the background check thing using those sites and they charge you anywhere up to $40 for a background report. Problem is they are usually way off on the criminal front. I've had two instances now where I ended up taking on someone that was deemed to have no criminal background from the report, only to find out later from Police when trouble insued, that the person actually had several arrests and charges from the past. One guy was even charged with choking his girlfriend and almost killing her along with other domestic battery stuff yet his report came up clean.
Conclusion: Even the most criminally criminals come up clean on those reports so they are a complete waste of money.
Am I just looking at the wrong sites?
Response by poster: I clicked on the link and looked up this CRA thing. They seem to be more for corporate use. I just hire an assistant or two every once in while and pay them out of pocket till job is done. Is there something like that for people like me? Or do you need a corporate account for all of them?
posted by fantasticness at 11:43 AM on March 8, 2018
posted by fantasticness at 11:43 AM on March 8, 2018
We have used goodhire.com - you have to get verified yourself as an entity, which is not all that expensive, and once that's done you get a process which allows you to send the candidate to their site to put in their info that will enable a quality background check. Prices are really about the same as using those sites that Lunaloon rightly calls the "joke sites." You do NOT want to go that route as an employer; you're exposing yourself to liability.
posted by randomkeystrike at 11:43 AM on March 8, 2018 [3 favorites]
posted by randomkeystrike at 11:43 AM on March 8, 2018 [3 favorites]
seeing your reply - we're a fairly small business ourselves, and goodhire's costs are in line with your scale.
posted by randomkeystrike at 11:44 AM on March 8, 2018 [1 favorite]
posted by randomkeystrike at 11:44 AM on March 8, 2018 [1 favorite]
Where are you? In Florida, the State offers instant or fingerprint-based criminal history background checks for $24 each (this will definitely show if they have a Florida criminal history, and sometimes if they have federal charges connected to their Florida history).
In New York state, the courts appear to provide criminal history information to requestors, for a $65 fee. DC offers it for $7 with written permission from the individual. Georgia maintains a public search of adult felony convictions only, for $15.
A quick search of "Your State" plus "criminal history record search" is a good place to start, to see if your state offers such a service, and if so, which agency might offer it.
posted by PearlRose at 12:48 PM on March 8, 2018 [2 favorites]
In New York state, the courts appear to provide criminal history information to requestors, for a $65 fee. DC offers it for $7 with written permission from the individual. Georgia maintains a public search of adult felony convictions only, for $15.
A quick search of "Your State" plus "criminal history record search" is a good place to start, to see if your state offers such a service, and if so, which agency might offer it.
posted by PearlRose at 12:48 PM on March 8, 2018 [2 favorites]
In Florida you can go to the county clerk of courts website and search for offenders by name. I know we have weird public records laws but it’s worth a shot. I’d search my county plus the 2 neighboring counties.
posted by tatiana wishbone at 12:53 PM on March 8, 2018
posted by tatiana wishbone at 12:53 PM on March 8, 2018
What you are seeking to do may be illegal. The reason commercial background checks leave off that information is often because they are complying with local laws. You cannot use an arrest alone to choose not to hire someone; that’s prohibited by the EEOC. Before you start going to the cops to find out what your candidates’ arrest histories are, I would speak with a lawyer.
posted by peppercorn at 1:11 PM on March 8, 2018
posted by peppercorn at 1:11 PM on March 8, 2018
IAAL, IANYL, TINLA:
Federal law (which WCityMike’s EEOC article addresses) is not the end of the story when it comes to the legality of arrest record searches.
A number of states, counties, and cities have adopted their own laws regarding when employer is permitted to inquire into an applicant’s arrest history and conviction history. Some jurisdictions do not alllow employers to inquire into arrests that do not result in conviction. Some jurisdictions also require that the employer notify the applicant if the criminal history was the reason for they weren’t hired, and some jurisdictions require that an employer give an applicant a chance to respond and make corrections / add context to their criminal history. It’s a complicated area of law, and varies widely depending on the jurisdiction.
I think consulting with an employment attorney would be the best practice. Barring that, at the very least, if I were the OP, I would look up my city, county, and state laws on the subject. “Ban the box” may be a helpful search term.
posted by creepygirl at 6:34 PM on March 8, 2018 [2 favorites]
Federal law (which WCityMike’s EEOC article addresses) is not the end of the story when it comes to the legality of arrest record searches.
A number of states, counties, and cities have adopted their own laws regarding when employer is permitted to inquire into an applicant’s arrest history and conviction history. Some jurisdictions do not alllow employers to inquire into arrests that do not result in conviction. Some jurisdictions also require that the employer notify the applicant if the criminal history was the reason for they weren’t hired, and some jurisdictions require that an employer give an applicant a chance to respond and make corrections / add context to their criminal history. It’s a complicated area of law, and varies widely depending on the jurisdiction.
I think consulting with an employment attorney would be the best practice. Barring that, at the very least, if I were the OP, I would look up my city, county, and state laws on the subject. “Ban the box” may be a helpful search term.
posted by creepygirl at 6:34 PM on March 8, 2018 [2 favorites]
The OP's question shows a basic lack of understanding of the criminal law process. A person who has been arrested is not a criminal. A person who has been charged is not a criminal. It is only when that person has pleaded to a crime or been found guilty of a crime that he or she is "a criminal." Until then he or she has no "criminal background."
That is the reason for the rule that peppercorn cites.
posted by megatherium at 7:01 PM on March 8, 2018 [3 favorites]
That is the reason for the rule that peppercorn cites.
posted by megatherium at 7:01 PM on March 8, 2018 [3 favorites]
Yeah, you really need to find a company that's reputable. If you don't run your background checks in a FCRA compliant manner, you could run into legal issues down the road. I'd personally recommend Trusted Employees, their software is easy to use, and the criminal records search are pretty comprehensive.
posted by Thrawnlike at 9:39 AM on October 18, 2018
posted by Thrawnlike at 9:39 AM on October 18, 2018
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By law, if you're using a background check as part of the evaluation process for a prospective renter or employee, you can't just use any joke site online. You must use a Consumer Reporting Agency. You could actually end up in some legal trouble by not using a CRA for your background checks.
This site has a list of CRAs broken down by their area of specialty, including employment.
posted by Lunaloon at 11:31 AM on March 8, 2018 [7 favorites]