Small businesses often rely upon criminal history records when hiring new employees. Our society has become increasingly dominated by lawsuits. More than ever, employers need to be cautious about who they hire. At the same time, companies are becoming more and more reluctant to release any negative information about former employees. The inability to check employment references has forced small businesses to turn to criminal record checks.

Sources for Checking Criminal History Records

The Internet provides instant criminal checks. Companies sell reports that will include information on felonies and misdemeanors. The customer may choose a statewide check or a nationwide check for varying fees. Other facts provided in the reports include a sentence date, a description of the offense, the plea, the fine, and the jurisdiction. A recent survey suggests that as many as 80 percent of companies do some criminal background checking. This is up from 50 percent in 1996.

There are problems associated with checking criminal history records. Records are often incomplete and identities can get mixed up. Human error must be expected. Some common errors are names, addresses, or birth dates being transposed. Social security numbers get transposed. Also, problems with identity theft are increasing. Some criminals use another person's identity when they are arrested. Choosing a reputable background checking company will minimize errors.

Make sure that the company complies with the Fair Credit Reporting Act which sets national standards. Fees and refund policies should be clearly posted. The customer is responsible for consulting state and federal laws when using any information obtained. Extreme caution should be used when interpreting criminal history records.