I wanted to give you guys a short primer on how our court system works as far as criminal records are concerned. Below is a generalization of all records across the United States, but of course there are exceptions. As always if you have any questions or comments please feel free to email me at crimcheck@gmail.com

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County Court Houses: Most of the time across all states the county court houses store records and hold trials for felonies. When we search for felony records these are the court houses we go to. For instance if someone were to hire an employee and we wanted to check for felony records and we knew the subject lived in Cleveland we would search the Cuyahoga County Court because Cleveland is located in Cuyahoga County. The same goes for any city located within Cuyahoga County. Now let’s say our subject lived in a city that was located in Lorain County we would then check Lorain County Court House for felony records.

City or Municipal Courts: For the most part these are smaller courts and handle misdemeanor trials and records. For instance if a subject committed a misdemeanor offence in Berea, Ohio they would most likely go to Berea Municipal Court. The trial and records would be held there. Same thing goes for just about anywhere in the country.

Federal Courts: Federal records are kept at the United States Federal District Courts. Each state has multiple federal district courts. Federal courts handle federal crimes such as interstate crime, bank robbery, mail fraud, etc. If we were looking for records on a subject that lived in Cleveland we would check the Northern Ohio Federal District Court. If they lived in Cincinnati we would check the Southern Ohio Federal District Court.

Here is where it can get complicated. Most states have what are called criminal record repositories. As in our previous examples Ohio’s repository is kept by BCI or bureau of criminal identification. Most states have something similar and are usually run by the state police or by the state’s attorney generals office. The problem lies in the fact that the court houses and police agencies are supposed to send there records to these state repositories. Many of these agencies just don’t have the manpower or money to keep up with sending the records in and it can cause big gaps in the state databases. The state databases are notoriously inaccurate and out of date.

NCIC or FBI Records: These records are maintained by the U.S. Department of Justice and are supposed to be the most comprehensive available. Unfortunately the problems that plague the state record repositories also happen to the NCIC database. The records are outdated, inaccurate and many times just plain missing. If you were able to get a NCIC record check, be careful as it is most likely inaccurate. You would be better off checking county and city court records.

A criminal record does not necessary disqualify a job applicant from a position. Federal and state laws have strict guidelines concerning disqualifying an applicant for a position, and disqualification requires careful consideration on the part of the hiring manager.<!–more–>

Ensuring compliancy with federal and state regulations begins by creating a fully developed position description that clearly identifies skills, education, certifications, and security requirements mandatory to the position. You will also need to understand your federal and state requirements for particular positions. Most states prohibit people convicted of certain specific crimes from holding occupations such as home health worker, daycare worker, or teacher.

In addition, all job applicants should be required to complete a standard application in addition to submitting a resume. A standardized job application not only ensures that you can collect the information for a background and criminal record check, it also allows the applicant to properly disclose and explain a past conviction.

When addressing a criminal record, federal and state laws require that you show reasonable analysis of the following:

• Did the candidate properly disclose their criminal record? Did your background check correspond with the information provided?
• How does the type and severity of the conviction relate to the position? Do the security requirements of the position leave your company, employees, clients, or public vulnerable as it relates the candidate’s criminal record?
• What were the facts surrounding the conviction?
• How long ago was the conviction? Has the applicant made reasonable efforts at rehabilitation?
• Was the applicant employed before and after the conviction? Is the employment history consistent with the position description and requirements?

If after this careful analysis, you find that the applicant does not qualify for the position you must document why you did not choose the applicant. Requirements for notifying an applicant about your reasons for denying them based on a criminal record vary by state.