Posted on: January 23, 2020 Posted by: Antoine Peterson Comments: 0

There are times when it’s helpful to have access to criminal records online, such as if you’re doing an employee or home rental application background check. If you’re needing to do criminal background checks, understanding the right way to perform them will help you out a lot.

The first thing to be aware of is that protocol can vary from state to state. When you want to do a criminal check on someone, whether it’s for employment, a home rental, or something else, you want to be sure you understand legally in your state what you’re able to do with that information.

Typically, an online inquiry is going to search to see if the particular person has a criminal history in the county, state, or nation.

The following are some tips to keep in mind if you’re performing criminal checks:

Tell The Applicants

According to the Fair Credit Reporting Act (FCRA), you must inform the applicant that you’re doing a criminal background check. You may or may not use the information to decide whether to move forward with that applicant or not, but full disclosure about the search is necessary.

Gather The Necessary Information

Essentially, you’ll need to have the applicant fill out a designated background form and sign it. They’ll need their full name, social security number, driver’s license number, date of birth, current address, previous addresses, and any aliases.

Familiarize Yourself With State Law

Many states put a limit on what kinds of information you can ask for from an applicant. Be sure you check your state laws out on the matter. For example, one state may not show anything prior to the past seven years, while others will. Or one state may prohibit you from not hiring someone based solely upon a past arrest record, while another one will allow it.  There are some states, such as Massachusetts, that don’t even let you ask about the applicant’s criminal history on the initial job application.

Seek A Consumer Reporting Agency (CRA)

Not just anyone can have access to other people’s criminal backgrounds. You’ve got to have some sort of valid reason, such as seeking potential applicants for employment or housing. Typically, those that need criminal background checks done find an accredited CRA to do this for them, as these companies already have established relationships with databases where the information resides.   

A great place to find reputable CRAs is the National Association of Professional Background Screeners. You’ll want to choose an accredited, licensed CRA to be sure they’re legitimate. Once you’ve made your choice, that company will want you to certify that you’ve followed proper protocol with the applicant, such as getting their informed consent and signature.

Contact Your CRA And Ask For A Criminal Background Report

When you need that background check, simply reach out to your CRA and request the report. Generally, you’ll get a consumer report that lets you know about their credit, employment, and criminal history dating back to about seven years. If you want to go beyond that seven years, you can make the request, but it may or may not be allowed depending on your state laws.

Decide

When you get the consumer report back, look to see if there is anything in there that would keep you from choosing that person. If you decide not to move forward with this person based on something in the report, under FCRA regulations, you must inform that person of the reasons. Usually, this is done via a letter stating the reasons you didn’t choose them, the CRA agency you used to get the report, and a copy of the “Summary of Your Rights Under FCRA”. This gives them a chance to counter-argue if they believe the information is not correct.

Can I Do A Criminal Background Check Online As An Individual?

There are some things you can find out about someone using the internet, including criminal history. However, you won’t get as detailed a report as if you went with a CRA and you run the risk of getting errors.

If you’re an individual who wants to do some background investigating on your own, you can use various online tools like Google, Whitepages, Facebook, etc. to see if you can find anything that pops up when you put their full name in the search. However, keep in mind there may be multiple people with that exact name, so don’t believe everything you read.

You can also pull public records, usually on a county site, to see if they’ve been arrested or had convictions. You’ll need their current and prior addresses to do this. You may have to pay a small fee for such records.

Wrapping It Up

When you need to do a criminal background check, follow proper protocol and you should be able to get accurate results. Again, inform applicants that you’re making the inqiry, be sure you check your state laws regarding what you’re allowed to use, and for best results, hire a CRA to do the background check for you.

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