Enhance Due Diligence And Reduce The Threat Of Negligent Hiring
An investigation of criminal records offers protection from the increasing threat of Negligent Hiring. While criminal records searches would be necessary for any potential employee, it is critical for positions involving public contact, supervisory responsibility and handling large quantities of cash and/or merchandise. Many government agencies already mandate this practice. EBI supplies a wide array of criminal record searches including county, state, federal, national and even international search options. Let us help you by providing your organization with the proper Due Diligence screening tools.
EBI understands that criminal court records across the United States are stored and maintained in many different ways. Our Field Quality Department tracks and researches records storage procedures and search criteria in over 12,000 court jurisdictions across the country. EBI maintains a current list of court closures and delays and incidents of natural disasters that may delay the process of providing timely and accurate results.
What is Due Diligence?
Due Diligence is taking reasonable and preventative business hiring measures in order to protect your assets and avoid negligent hiring litigation and workplace violence. The right workforce is essential for providing the tools to make a brand successful in today's marketplace. Comprehensive background screening demonstrates due diligence and provides effective risk management against negligence in hiring.
What is Negligent Hiring?
Negligent Hiring focuses on the doctrine of Respondeat Superior: "The practice of holding an employer or principal liable for the employee’s or agent’s wrongful acts committed within the scope of the employment or agency."
Most States Nationwide Recognize Negligent Hiring Suits
As of June 2004, forty-six states have judicially recognized the concept of Negligent Hiring or Negligent Hiring and Retention.
Workplace Violence... Facts to Consider
Criminal Records Search Comparisons
County Criminal Records SearchCounty court records are often referred to as local or county level records searches. Municipal courts, lower courts and district courts are usually limited to trying misdemeanor cases and conducting probable cause hearings in felony cases. The felony trial court is the next tier, commonly called the circuit court or superior court. EBI's county criminal record searches consist of searches of misdemeanor and felony records in county, municipal, lower and district courts as well as circuit and superior courts as directed by our clients. For proper due diligence screening, a search of country criminal records where a subject has lived or even worked for at least a period of seven years should be conducted. In addition, a county criminal records search should also include searches of all alias or other names used by the subject.
Statewide Criminal Record Searches
The majority of U.S. states operate a central criminal history record repository that receives case-processing information contributed by law enforcement agencies, prosecutors, courts and corrections agencies throughout the state. The comprehensive criminal history records repository typically includes felonies and certain misdemeanors stored at the state level. These records are made available to criminal justice personnel and in several states, non-criminal justice agencies that are authorized by law to obtain the records for purposes such as employment screening and occupational licensing. Caution should be taken in obtaining a statewide search in place of a county search considering most statewide information is not updated on a regular basis. The manner of obtaining this information varies from state to state, and the availability of information depends on the counties submitting information to the database. In addition, some states do not offer this type of search and others are limited in the information available and will supply only felony conviction information.
EBI has identified the states whose repositories offer the highest quality statewide records. Those states not offered by EBI do not meet our standards for accuracy, turnaround time, timeliness, adequate identifiers and thoroughness, or have restrictions regarding public access.
Federal Criminal Records Search These records reveal criminal complaints brought by the U.S. government against defendants for violation of federal criminal law. Federal crimes will not appear in state or county felony and misdemeanor court record searches, so it's also vital to conduct federal record searches. Crimes such as bank robbery, embezzlement or tax evasion are examples of offenses that would fall under a federal jurisdiction. EBI can search criminal filings in any of the nation’s 300 Federal District Courts. For proper due diligence screening, a search of federal criminal records where a subject has lived or even worked for at least a period of seven years should be conducted. In addition, federal district searches should also include searches of all alias or other names used by the subject. EBI can help guide you in the proper search of federal districts and jurisdictions for proper due diligence.
A typical misconception of federal criminal record searches is that the term "federal" means a search of the entire federal court system and not a particular federal jurisdiction. Federal jurisdictions or districts are typically broken down into regions and coincide with county boarders.
National Criminal Records Database Search
A national criminal records database search is a records database compiled of criminal records information compiled from municipal, circuit, district and superior court repositories, the Department of Corrections (DOC) and Administration of the Court (AOC) database information. The database also includes state sex offender registry information and databases pertaining to national and international terrorist watch lists and sanctioned parties’ databases. The information contained within the database contains hundreds of millions of records and should only be used as a tool for uncovering and conducting additional records searches directly at the court of origination for proper FCRA compliance. EBI recommends this search as an effective tool for uncovering additional jurisdictions where criminal offenses may have occurred outside of an applicant’s indicated residential and employment address history; however, it should never replace county and/or statewide criminal searches for proper due diligence.
Please be aware that there is no such thing as a true national criminal records search. The closest true national criminal database is the FBI’s NCIC (National Crime Information Center) and only law enforcement and government agencies have legal and complete access to this information. Only entities authorized by state and federal law can access the database via fingerprint. There are severe penalties for unauthorized access to this data, and there are criminal penalties for buying information that is illegally obtained. Experts estimate that less than 30% of all criminal records are contained in the NCIC database.