As Rick Steves says, “Smart consumers should know what all the options are.” When it comes to criminal background checks there are several options for the type of checks that can be completed as part of a background screen, and the combinations make that number even higher. So what checks should you run?

The first step is to understand all of the options available, and what type of information each of those options provide.

State Criminal Record Search – searches for convictions at that state level. These records are mostly Felony and Misdemeanor records, but may also include Ordinance Violations or Infractions.  Most states have this type of search available. There are over 3,000 counties in the US, but not all counties report up to the state level databases.

County Criminal Record Search – searches for convictions at the county level, and cover the same types of records as the state searches. The county searches typically have the most current and detailed information, but cover a smaller area than a statewide search.

Felony - classified as the most serious type of crime and can be either violent or non-violent such as murder, rape, and grand larceny. These crimes are punishable by more than a year in prison.

Misdemeanor - considered a less serious crime and has a much lighter punishment than a felony.

Ordinance Violation - a municipal law that applies to a specific town or city limits, such as parking violations. These are not considered criminal records. These records may also be listed as an infraction.

Federal Criminal Record Search – searched records at the Federal District Level. There are 94 districts in the US; some states have more than one district. These include crimes prosecuted at the Federal District level which are in violation of the constitution or federal law, and are considered “white collar” crimes. These crimes include tax evasion, bank robbery, kidnapping, counterfeiting, mail fraud, money laundering, etc.

National Criminal Database – searches various databases including the National Sex Offender Registry, Global Watch List, Office of the Inspector General, Health and Human Services OIG/HHS/SAM Exclusions List, Office of Foreign Assets Contract Specially Designated National (OFAC SDN) List, and several state Medicaid Sanctions Lists. This search also includes various databases such as Most Wanted lists, ATF records, Adult Abuse Registries, Debarred Parties, Warrant Records, etc.

Sex Offender Registry – searches national sex offender registry database which covers all 50 states, the District of Columbia, Guam, Puerto Rico, Virgin Islands, and many Native American Tribes.

Global (Terrorist) Watch List – searches the Office of Foreign Assets Control (OFAC), US Department of the Treasury, list of specially designated nationals and blocked persons (SDN list), which includes people identified as being involved in, or suspected to be involved in, terrorist activities, international narcotics trafficking, or activities related to the proliferation of weapons of mass destruction.

Fraud & Abuse Search (FACIS) – searches healthcare sanction history, including federal and state exclusions, termination of license, probation, and disbarments.

Excluded Parties List – identifies parties excluded from receiving federal contracts, certain subcontracts, and certain types of federal financial and non-financial assistance and benefits, and those barred or excluded from entering the US.

County Civil Record Search – searches records of any non-criminal civil complaints filed by or against the subject at the county level, usually involving enforcement of a contract such as landlord disputes, liens, bankruptcies, etc. Make sure you are aware of any laws regarding the use of civil information such as bankruptcies before using the information to make a hiring decision.

Federal Civil Record Search – searches records of civil complaints where parties cross state lines or international borders. Damages are a minimum of $75,000 when the suite does not involve federal laws or the US Constitution.

International Criminal Record Searches – Searches for serious criminal convictions in countries outside of the US. The availability of these searches, as well as the information required and time to completion varies by country.

Once you understand the options, consider your business needs, which could vary by position or department. Then consider the options in relation to those business needs. What do you need to know about an applicant before you would be comfortable hiring them? Now that you know the options, you can be a smart consumer and make the right choices for your company.

Sources:  ClearStar, criminalhistorychecks.com, accidentshappenatty.com, mmfllaw.com