Statewide Repository Assessment Results

By Kevin Bachman

employeescreenIQ takes very seriously the responsibility of helping prevent negligent hiring decisions. Performing for our clients a type of criminal records check that we know can contain inaccurate and incomplete information, even when mandated by a contractual or regulatory requirement puts everyone in a tricky situation, but one which is solved through the following approach:

In cases where criminal hit information is found through a statewide repository or commercial database, we must run a county-level criminal record search to verify the information found. Because of the known omissions and inaccuracies, we cannot legally or ethically label a search where criminal hits are found through a statewide search or commercial database as complete.

Current research and the prevailing opinion of many industry experts hold that conducting statewide searches can be an inaccurate and incomplete method of searching for criminal records. However, we understand that some clients are mandated to conduct a statewide search for regulatory or contractual reasons. In those cases, employeescreenIQ will provide the best possible method of conducting that search.

Every state in the country falls into one of three tiers. These tiers will be outlined with the goal of helping our clients maintain compliance with their screening directives and at the same time, balance the need to ensure no negligent hiring decision is made.

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Tier I: AL, AR, CO, CT, DE, FL, GA, HI, IL, IN, IA, KS, ME, MD, MI, MN, MO, NE, NJ, NM, NY, NC, ND, OK, OR, PA, RI, SC, SD, TX, VA, WA, WI

Tier I: ID, MA, MS, MT, NV, NH, OH, TN

Tier I: AK, AZ, CA, KY, LA, UT, VT, WV, WY

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The defining element in conducting a statewide search is the presence of a statewide repository where we can access criminal record information. The level of accuracy and completeness of these repositories varies by state. However, 33 states provide some sort of repository and for the purposes of this article, we call them the Tier I states. In only 33 of 50 states can we conduct a true statewide search through a state-sponsored source.

Eight states make up Tier II. In these states, there is no true statewide repository available. However, some counties in these states share information with commercial databases, which are notoriously outdated and incomplete. For those clients that need to access for regulatory or contractual reasons, we will check the repository, but must combine it with a countywide search. Failing to do a countywide search plus the database search in these eight states means you would not be in compliance with any directive that mandates a statewide search.

The final nine states are Tier III states. In many of these states, including CA, there is no data shared with a state repository or a reputable commercial database. A countywide criminal records search is the only available option.

By running a countywide search, we can be certain you are making a sound hiring decision using the most current information available. After all, you may be “required” to run a statewide database, but you do not have to make a hiring decision based on it…