Criminal History Records And Background Checks

There is widespread interest in obtaining access to criminal history record information from reliable sources for the purpose of screening an individual's suitability for employment, licensing, or placement in positions of trust. The interest is based on a desire or perceived need to evaluate the risk of hiring or placing someone with a criminal record in particular positions and is intended to protect employees, customers, vulnerable persons, and business assets. Employers and organizations are subject to potential liability under negligent hiring doctrines if they fail to exercise due diligence in determining whether an applicant has a criminal history that is relevant to the responsibilities of a job and determining whether placement of the individual in the position would create an unreasonable risk to other employees or the public. This book addresses to what extent states conduct FBI record checks for selected employment sectors and face any challenges; states have improved the completeness of records, and remaining challenges that federal agencies can help mitigate; and private companies conduct criminal record checks, the benefits those checks provide to employers, and any related challenges.

Authorized employers use information from FBI criminal history record checks to assess a person's suitability for employment or to obtain a license. States create criminal records and the FBI facilitates access to these records by other states for nationwide checks. GAO was asked to assess efforts to address concerns about incomplete records, among other things. This report addresses to what extent (1) states conduct FBI record checks for selected employment sectors and face any challenges; (2) states have improved the completeness of records, and remaining challenges that federal agencies can help mitigate; and (3) private companies conduct criminal record checks, the benefits those checks provide to employers, and any related challenges. GAO analyzed laws and regulations used to conduct criminal record checks and assessed the completeness of records; conducted a nationwide survey, which generated responses from 47 states and the District of Columbia; and interviewed officials that manage checks from the FBI and 4 states (California, Florida, Idaho, and Washington). GAO selected states based on geographic location and other factors.

For 60 million Americans a criminal record overshadows everything else about their identity. Citizens have a right to know when someone around them represents a threat. But convicted persons have rights too. James Jacobs examines the problem of erroneous records and proposes ways to eliminate discrimination for those who have been rehabilitated.

Authorized employers use information from FBI criminal history record checks to assess a person's suitability for employment or to obtain a license. States create criminal records and the FBI facilitates access to these records by other states for nationwide checks. This report addresses to what extent (1) states conduct FBI record checks for selected employment sectors and face any challenges; (2) states have improved the completeness of records, and remaining challenges that federal agencies can help mitigate; and (3) private companies conduct criminal record checks, the benefits those checks provide to employers, and any related challenges. Includes recommendations. Table and figures. This is a print on demand report.

The Youth Criminal Justice Act replaces the Young Offenders Act to provide the legislative framework for a fairer & more effective youth justice system.

"Data-driven criminal justice operations creates millions of criminal records each year in the United States. Documenting everything from a police stop to a prison sentence, these records take on a digital life of their own as they are collected and posted by police, courts, and prisons, and then re-posted on social media, online news and mugshot galleries, and bought and sold by data brokers as an increasingly valuable data commodity. The result is "digital punishment," where mere suspicion or a brush with the law can have lasting consequences. This analysis describes the transformation of criminal records into millions of data points, the commodification of this data into a valuable digital resource, and the impact of this shift on people, society, and public policy. The consequences of digital punishment, as described in hundreds of interviews detailed in this book, lead people to purposefully opt out of society as they cope with privacy and due process violations"--

CRIMINAL HISTORY RECORDS: Additional Actions Could Enhance the Completeness of Records Used for Employment-Related Background Checks