Fingerprinting and criminal background checks are used as a part of job screening. While they are a standard procedure for some industries, they don’t always apply to all positions.
A fingerprint background check reveals any criminal records on file, details about the person’s past cases, and other identifying information. It is also a great way to verify a potential employee’s identity.
Legality
Depending on the laws in your jurisdiction, fingerprinting may be required for various purposes. For example, police may need to fingerprint someone when they are arrested or otherwise detained. In addition, they might want to collect fingerprints if a person has been referred to a diversion program for a felony or gross misdemeanor.
Criminal background checks are a standard part of workplace vetting. They may be conducted on applicants for certain positions, including in some finance sectors or jobs that require a security clearance. However, some private and public employers may not inquire into an applicant’s criminal record until a conditional offer of employment is made.
State and local law enforcement agencies or approved electronic fingerprinting vendors collect fingerprints for these background checks. Under the federally mandated National Background Check Program (NBCP), these fingerprints are sent to the states’ identification bureaus (SIB) and subsequently to the FBI for a national criminal record check.
The information submitted with civil applicant fingerprints includes the candidate’s name, date of birth, social security number, and other identifying information. The data is then compiled into a report.
While some companies still use fingerprint background checks, there are several challenges to the legality of these procedures. One challenge is that there are concerns about identity theft. To combat this, many companies recommend training employees who capture and submit fingerprints for identification verification on the proper recognition of counterfeit documents and official forms of identification.
Requirements
Fingerprinting and criminal background checks are often used for regulated industries such as financial services or healthcare. They can help businesses create safer workplaces, reduce risk, and safeguard the data their customers entrust.
Unlike name-based background checks, fingerprinting can provide a deeper insight into the candidate’s criminal history. They also allow employers to comply with several state-specific rules and guidelines.
However, some significant misconceptions about fingerprinting and criminal background checks must be addressed before you begin the process. This article will clear up some of those misunderstandings, so you can make more informed decisions about implementing these processes in your organization or business.
First, understand that the Division of Criminal Justice Services (DCJS) is the only source of official New York State criminal history records. These records detail arrests, indictments, and conviction information reported to the state by local police departments, district attorneys’ offices, courts, and other criminal justice agencies.
DCJS maintains the records and processes inquiries of applicants for employment, licensing, or other purposes that require a fingerprint-based record. When you request a criminal history record response, DCJS matches your fingerprints to these records.
DCJS then sends the responses to your qualifying agency through a secure inbox on the NYS integrated justice portal. Your qualifying agency will use the criminal history record responses to determine whether to issue your license or professional certificate.
Accuracy
Fingerprints are collected at crime scenes and compared to records in vast databases, like the FBI’s Integrated Automated Fingerprint Identification System (IAFIS). These help law enforcement identify who was at a crime scene, establish timelines of criminal acts, and solve crimes.
As a result, fingerprints are incredibly accurate. They can pinpoint details such as birth date, name, address, and employment status. They can also identify felony and misdemeanor criminal convictions, pending cases, and arrests that did not lead to a sentence.
It is why it is so essential to ensure that all of your candidate’s identifiers are confirmed. For instance, accepting a record is only good if the applicant’s name and social security number are matched or excluded from the report.
Additionally, the accuracy of a fingerprint check depends on how well states and local authorities collect and report their criminal data to the FBI. These agencies often have issues with collection and reporting, which can result in inaccurate criminal records.
In addition, criminal database accuracy is impacted by the fractured nature of the American criminal justice system. It makes it difficult for the federal government to mandate the accuracy of its criminal record database. However, companies still use fingerprint background checks to ensure workplace safety and compliance with industry standards.
Cost
The cost of fingerprinting and criminal background checks can vary significantly, depending on the search type and the screening company (aka Consumer Reporting Agency – CRA) conducting the screening. For example, a fingerprint-based FBI background check may cost less than a name-check-only search.
Fingerprinting is a vital tool for law enforcement agencies, state governments, and other organizations that use fingerprint-based background screening processes to make hiring decisions. These searches can include applicants for jobs, licenses, and other credentials.
However, they also come with their own set of unique challenges and issues. One of the most common is that fingerprints do not always appear on a criminal record.
It can result in employers and HR personnel being unable to confirm that an applicant has never been arrested, charged with a crime, or otherwise held responsible for committing a violation. However, fingerprint-based background checks are still used extensively for employment and tenant screening.
The Department of Criminal Justice Services (DCJS) maintains official criminal history records for individuals. When you request an illicit history record response, DCJS matches your fingerprints to these records. It then sends the information to the requesting agency.
