Report: Criminal Background Screenings Often Full of Errors

Since September 11, 2001, there's been an explosion in criminal background checks for job applicants by employers, yet many reports are riddled with errors. Broken Records: How Errors by Criminal Background Checking Companies Harm Workers and Businesses, a report from the National Consumer Law Center (NCLC), also finds an industry-wide lack of accountability and incentives to cut corners mean that tens of millions of workers may pay for these third-party errors with their jobs while employers waste money and miss out on hiring qualified employees.

"Background screening companies routinely cut corners to improve their profits and then they wipe their hands of any responsibility for producing an inaccurate or misleading report that can cost a worker his or her job," says National Consumer Law Center Staff Attorney Persis Yu and co-author of the report. "Federal regulatory agencies and states should rein in the Wild West of the background screening industry by holding companies accountable."

NCLC's research reveals that criminal background screening companies' reports routinely:

Mismatch people (i.e. a person with no criminal background with someone who has a record, which is especially problematic for people with common names); 
Omit crucial information about a case, (i.e. a person is arrested but then found innocent); 
Reveal sealed or expunged information (i.e. a juvenile offense); 
Provide misleading information, (i.e. a single charge listed multiple times); and/or
Misclassify offenses (i.e. reporting a misdemeanor as a felony).

Many of these errors can be attributed to common practices by background screening companies, such as:

Retrieving information through bulk record disseminations and failing to routinely update their databases.

Failing to verify information obtained through subcontractors and other faulty sources.

Using unsophisticated matching criteria.

Failing to use all available information to prevent a false positive match.

Lacking understanding about state specific criminal justice procedures.

About 93 percent of employers conduct criminal background checks on some applicants, while 73 percent of employers conduct checks on all applicants, according to a 2010 survey by the Society for Human Resource Management. Yet there are no licensing requirements and there is no system for registration for background checking companies. Anyone with a computer and access to records can start a business; the total number of companies is unknown.

The National Association of Professional Background Screeners (the industry trade organization) has a voluntary accreditation program that contains some simple procedures (many of which are legally required) that background checking companies can take to enhance the quality of their information. Unfortunately, few companies actually are willing to commit to even the limited recommendations of their own trade association.

"Working without adequate federal supervision, many commercial background screening companies have produced poor quality reports that, in the most extreme cases, have shut people from their careers," notes co-author Sharon Dietrich, who is managing attorney in Community Legal Services of Philadelphia's Employment and Public Benefits Units. The National Consumer Law Center report recommends that federal regulatory agencies and states use their authority to clean up industry-wide problems.

For example, the Consumer Financial Protection Bureau could issue regulations under the Fair Credit Reporting Act (enacted in 1970 by Congress to protect the privacy of consumers) to ensure greater accuracy of background checks and to require consumer reporting agencies to register so consumers can correct inaccurate and misleading information. The Federal Trade Commission can investigate major commercial background screening companies for common FCRA violations and investigate major, nationwide employers for compliance with the FCRA requirements for users of consumer reports for employment purposes.

State legislatures and courts also have a role. They can require companies that receive bulk data from court databases to promptly delete sealed and expunged criminal records and routinely update their records. States can also audit companies and if not in compliance, states can revoke the companies' receipt of data.

"Background screening companies generate billions of dollars in revenue for producing sloppy work while consumers are left handcuffed with little recourse to challenge and correct misleading or incorrect personal information," Yu said. "Where's the justice in that?"

Featured

  • Maximizing Your Security Budget This Year

    7 Ways You Can Secure a High-Traffic Commercial Security Gate  

    Your commercial security gate is one of your most powerful tools to keep thieves off your property. Without a security gate, your commercial perimeter security plan is all for nothing. Read Now

  • Cloud and Hybrid Adoption on the Rise

    The physical security industry is experiencing a time of great transformation. Cloud connectivity is accelerating, and more organizations are choosing to blend on-premises and cloud-based solutions. This transformation is affecting all aspects of security, including access control. In the Genetec annual State of Physical Security Survey, it was access control that topped the list of new technologies end-users planned to focus on in 2024. Read Now

  • New Report Says Vulnerability Exploitation Boom Threatens Cybersecurity

    Verizon Business recently released the findings of its 17th-annual Data Breach Investigations Report (DBIR), which analyzed a record-high 30,458 security incidents and 10,626 confirmed breaches in 2023—a two-fold increase over 2022. Read Now

  • In The Clouds

    Video data storage in the cloud was a novel concept when Dean Drako founded Eagle Eye Networks back in 2012. While cloud was being used for almost all other business systems at that time, the physical security industry took a cautious and measured approach to cloud adoption. Read Now

Featured Cybersecurity

Webinars

New Products

  • A8V MIND

    A8V MIND

    Hexagon’s Geosystems presents a portable version of its Accur8vision detection system. A rugged all-in-one solution, the A8V MIND (Mobile Intrusion Detection) is designed to provide flexible protection of critical outdoor infrastructure and objects. Hexagon’s Accur8vision is a volumetric detection system that employs LiDAR technology to safeguard entire areas. Whenever it detects movement in a specified zone, it automatically differentiates a threat from a nonthreat, and immediately notifies security staff if necessary. Person detection is carried out within a radius of 80 meters from this device. Connected remotely via a portable computer device, it enables remote surveillance and does not depend on security staff patrolling the area. 3

  • PE80 Series

    PE80 Series by SARGENT / ED4000/PED5000 Series by Corbin Russwin

    ASSA ABLOY, a global leader in access solutions, has announced the launch of two next generation exit devices from long-standing leaders in the premium exit device market: the PE80 Series by SARGENT and the PED4000/PED5000 Series by Corbin Russwin. These new exit devices boast industry-first features that are specifically designed to provide enhanced safety, security and convenience, setting new standards for exit solutions. The SARGENT PE80 and Corbin Russwin PED4000/PED5000 Series exit devices are engineered to meet the ever-evolving needs of modern buildings. Featuring the high strength, security and durability that ASSA ABLOY is known for, the new exit devices deliver several innovative, industry-first features in addition to elegant design finishes for every opening. 3

  • ResponderLink

    ResponderLink

    Shooter Detection Systems (SDS), an Alarm.com company and a global leader in gunshot detection solutions, has introduced ResponderLink, a groundbreaking new 911 notification service for gunshot events. ResponderLink completes the circle from detection to 911 notification to first responder awareness, giving law enforcement enhanced situational intelligence they urgently need to save lives. Integrating SDS’s proven gunshot detection system with Noonlight’s SendPolice platform, ResponderLink is the first solution to automatically deliver real-time gunshot detection data to 911 call centers and first responders. When shots are detected, the 911 dispatching center, also known as the Public Safety Answering Point or PSAP, is contacted based on the gunfire location, enabling faster initiation of life-saving emergency protocols. 3