Understanding Statewide Checks
Not all states allow public access to statewide criminal records information. At this time, forty states allow some type of criminal record access. Some allow online access, others require written application forms and still others require in-person inquiries. Fees vary, and the data reported varies greatly and may not be up-to-date.
Every state has their own criteria as to what constitutes a reportable offense. There is no national standard. The information you receive as an employer from these databases may be not be permissible for pre-employment screening purposes –for example, some states may report information that goes back 7 years, and others may report information that goes back 10 years. As an employer, you must hold all candidates to the same standard, regardless of what state they are from. In addition, some states have a 7 year limitation on criminal record information used for pre-employment reasons.
Also, many state databases report arrest information which may not be considered for pre-employments screening purposes – only convictions may be used.
Many of the so-called statewide checks that are available are actually a combination of “inmate searches” – (records of inmates who have been incarcerated by the state department of corrections), and only some of the state’s counties may report information to the database.
These are just a couple of the most frequent problems that we have seen with statewide checks. These type of checks are good to use as a safety net, in other words, as a dual check that is run along with county specific criminal record searches based on an individual’s residential history, and the counties that they worked and where they went to school. It’s always best to hire a screening company that has expertise on compliance and legislation nationwide.
