An editorial in the New York Times notes that the FBI criminal database has flaws in the system and that makes it even more difficult for some employment candidates to be hired. The editorial notes correctly that getting a job in this economic downturn is tough enough, but to be listed in your background search as having records you don’t have, or if the records have certain discrepancies, it is that much tougher to find work.
A new bill was introduced by Virginia Democratic Congressman, Bobby Scott, requiring the FBI to verify the criminal information before issuing the background check for purposes of employment. The bill submits that the FBI should bring all records current as some do not list the final disposition of the charges. This is where either the charges were ultimately dismissed or where the felony conviction was reduced to, say a misdemeanor or possibly deferred.
The bill is also requesting that the less serious offenses be eliminated from the background report. I am not sure if this is such a good idea. Such seemingly innocuous offenses may later point to behavior characteristics, where for example loitering may be later discovered as “stalking.” If it is in fact a lesser offense, most employers will probably disregard it anyway when they consider the candidate for hiring. I wouldn’t be so quick to eliminate any charges.
The bill does require that the FBI correct any erroneous information. This should be obligatory. No argument there. As for the employment candidate, having the right to review their background check, they have this right already through the Fair Credit Reporting Act. Upon request, the employer is by law obligated to provide the job applicant with the background check that was run on him.
The editorial ends with the quote, “No one should be denied a job because the government’s information is wrong.” I couldn’t agree more. In fact, sometimes to verify whether the information is accurate is pays to conduct a county criminal background search. When done properly, the county criminal search is hand pulled from the county courthouse and provides the most current information. The county criminal background check will also show any pending cases, so the employer doesn’t hire a candidate who three weeks later is about to be carted off to jail. Always something well worth knowing up front.
Check them out before you hire.
