Are you in an industry where background checks are required, or you choose to use them once a hiring decision has been made? Do you know what you are getting when paying for a background check? One element of the background check is reviewing public records. This term refers to information that is maintained by a public agency that is generally accessible to the public. There are many different types of public records that can be uncovered during the course of a background check.
Criminal records are maintained by a variety of courts – municipal, county and federal.
- Municipal: City or town-specific laws which usually only result in infractions.
- County: Violation of state criminal laws which are classified as misdemeanors or felonies.
- Federal: Crime involving violation of nationally applied laws such as kidnapping, terrorism, and bank robbery.
Civil Records reveals suits filed by or against individuals, corporations, or other entities in areas such as product liability, malpractice, and breach of contract (County civil records) or issues that involve the federal government or litigants in different states or countries (Federal civil records). Other types of public records include sex offender registries, bankruptcy, motor vehicle records and sanction/watch lists.
Best Practices for a public record search:
- Align the scope and depth of the public records search with the nature of the position – Consider the level and reach of the position, how much access to data, and effect on safety/security.
- Get the best information available for making an employment decision – Focus on maximizing coverage and looking for the most appropriate records germane to that position
- Remain respectful of budgetary constraints – Determine the spending on each position type in consideration of that position’s potential risk to the organization, and request the widest range of information within that budget
- Support better time-to-hire – Not all sources return data in the same timeframe. An employer should consider the time necessary to complete the background check.
- Promote consistency across job levels – Should be consistent across similar positions. This will allow the employer to consider the same information across the board and ultimately help protect against claims of discrimination and possible legal action.
- Stay compliant with all applicable laws and regulations – Employers would be well-advised to engage with their legal counsel to better ensure their background screening programs are compliant with applicable laws and regulations.
Employers today benefit from an extensive array of information that could possibly be uncovered about a job applicant during the course of a background check, but a deceptively straightforward process can actually be quite confusing and perhaps overwhelming. An established employment screening provider can partner with an organization to help it determine whether its public records searches are meeting internal objectives, complying with its budget, and supporting a better time-to-hire, thereby providing an employer with the best information available to make an educated hiring or retention decision.
This information was taken from a HireRight Publication. HireRight delivers global background checks, drug testing, and employment verification services through an innovative platform to help companies automate, manage and control their screening programs so that they can hire the right candidates. HireRight offers comprehensive screening solutions that can be tailored to the unique needs of the organization, helping to give employers peace of mind about their people and background screening processes. HireRight’s platform can be integrated with many existing HR platforms, making it easy to use and giving candidates an efficient screening experience. HireRight is headquartered in Irvine, Calif., with offices across the globe. They can be reached at 800-400-2761 (US or Canada) or 949-425-5800 worldwide. You can also visit them at www.hireright.com.
