Criminal Background Checks The National Perspective.
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Transcript of Criminal Background Checks The National Perspective.
Criminal Background Checks
The National Perspective
Topics to Be Covered
Background Checks: Considerations and Types
Reforming the System: MENTOR’s Efforts
What’s Next: The Future of Background Checks
Background Checks
Considerations and Types
What Should I Know about Background Checks?
Each state sets its own laws on background checks. The result?– Thorough background checks are not accessible
in some states– Costs and response times vary greatly from
state to state– There is no consistency on eligibility,
procedures, etc.
The “perfect” check: there is no single database in this country with 100% of all criminal records
Terms: Fingerprint-based vs. Name-based
A name-based check uses a volunteer’s name/SSN to find possible criminal records. This has risks:– Individuals can give you a false name to hide a
criminal past. Over 1% of the 45 million individuals on file in the FBI database have used over 100 aliases and fake SSNs.
– You could get a “false positive” – the volunteer seems to have a criminal record, but it is really another person with the same name.
A fingerprint-based check is the only way to verify an individual’s identity. Fingerprints cannot be falsified.
Terms: Convictions vs. Arrests
Criminal record databases often include “open arrests”– The criminal record was not updated to
indicate what happened after the arrest (convicted, found not guilty, charges were dropped, etc)
Some types of background checks only access convictions– Open arrests are not included– Can result in an “all-clear” on an
individual with an arrest record
Terms: Rap Sheet vs. Fitness Determination
Rap sheet: a print-out of crimes found Fitness determination:
– A third party examines rap sheet for “barrier crimes”
– The program receives notice of whether or not barrier crimes are present, but not the rap sheet
Pros and cons to each– Rap sheets are difficult to interpret, so fitness
determinations are easier to use– Rap sheets provide the most “context” for criminal
records – Fitness determinations better protect the privacy
of your volunteer
Types of Background Checks
There are several kinds of background checks. Not all are accessible in every state.– County/local check– State check– Private vendor check– FBI check
Every program must decide what type of background check works best for them.
County and State Background Checks
Obtained through local police department or state agency
Can be name-based or fingerprint-based depending on state or jurisdiction
Includes only crimes committed within that county/jurisdiction– People often work, live and drive through more than
one county– People move from state to state– People vacation, serve guard duty, or take business
trips in other states– Relying on volunteer to be truthful about
past residences
Private Vendor Check Obtained through background investigation
companies Costs and response times vary Name-based checks; generally only access
conviction records Some check records for counties of residence
for the last X years Some maintain “national” databases of criminal
records (often searchable online). However:– 17 states do not sell or share any criminal data
with private companies– Other states share only limited criminal records
data (such as parole records)
FBI Background Check
Obtained through state (if accessible)
Always fingerprint-based
Includes convictions and open arrests
Cost is $18 plus state fee
Response time varies by state
Most states return a fitness determination; some return rap sheets
FBI Background Checks
FBI database is the most complete criminal database in the U.S.– Includes all federal crimes, plus 70-90% of each
state’s criminal records.– Not included are the lowest-level misdemeanors
and citations, which states generally do not submit to the FBI’s database
– Includes over 200 million crimes committed by over 45 million individuals
– 5,000 – 7,000 people are added to the FBI database each day.
– All records are fingerprint-based
Reforming the System
MENTOR’s Efforts
The Experience for Mentoring Organizations
For mentoring, background checks are a critical part of the volunteer screening process
Several years ago, we started hearing that local programs were having troubles with the background check system:– They needed nationwide data, but FBI checks
were rarely accessible in many states– When available, FBI and state background checks
were too costly and took too long to get results– It was confusing to figure out what agency
handled background checks, eligibility, and how to apply
Documenting the Problem: What We Found
A confusing decentralized system– Over 1200 state statutes govern access to
background checks– No consistency from state to state on procedures,
eligibility, etc.
In most states, FBI background checks weren’t available to mentoring organizations:– Lack of accessibility to FBI checks (only 14 states
allowed access to mentoring organizations)– High cost (average $30, ranged from $0 - $75)– Lengthy turnaround time (average 6-8 weeks)
Our Proposed Response
We proposed to Congress a national solution:
– Allow all organizations working with vulnerable populations to access FBI background checks directly
– Bypassing the states would create a consistent, streamlined national approach
– Reduce or eliminate the background check fees
– Improve turnaround time to 2 weeks or less
Congressional Action
Legislation on this national solution passed the Senate in 2002 under the leadership of Senators Biden and Hatch. But it didn’t pass the House before Congress adjourned.
Instead, Congress created an 18-month FBI background check pilot program through the PROTECT Act to test several methods of obtaining FBI checks
Goal is to find the best method and implement it as a permanent solution for youth-serving organizations
The SafetyNET Pilot Program
Three organizations were selected by Congress for the pilot program:– MENTOR/National Mentoring Partnership– Boys & Girls Clubs of America– National Council on Youth Sports
Three states (MT, TN, VA) were also selected for a state-run pilot program
MENTOR’s portion of the pilot is called SafetyNET
Any mentoring organization in the country can apply to MENTOR for participation
SafetyNET Basics
A standard FBI check, with access to both federal and most state offenses
Cost: $18 per volunteer
3 to 5 day response time
Results are a fitness determination, with option to receive full rap sheet
A special website tracks progress and allows results to be downloaded
In MT, TN, VA – FBI check plus state check; fees and procedures vary
How Does It Work?
Programs mail fingerprint cards to MENTOR
MENTOR scans and submits them electronically to the FBI
The FBI pulls any matching criminal records
National Center for Missing and Exploited Children (NCMEC) makes fitness determinations
Fitness determination available online (on password-protected website)
What’s Next?
The Future of Background Checks
The Pilot Program
The pilot will end in January 2005
The FBI is required to examine the pilot, study weaknesses in the current system, and make recommendations for a permanent workable solution
We will work with Congress and the FBI to develop a system that is:– Accessible to all kinds of organizations that work
with vulnerable populations– Affordable– Timely– Simple to use
How You Can Help
If you want to join in the effort to advocate for a better background check system:– Encourage your national organizations to join the
coalition of organizations working on this issue
– Stay up to date through MENTOR’s Advocacy Network (http://www.mentoring.org/advocate)
– Contact your Members of Congress and tell them about the troubles you have with background checks
– If you have suggestions or stories you’d like to share, let me know. We collect them to share in our work with Congress.
Any Questions?
Contact:Margo [email protected] (703) 224-2221
Or, visit:http://www.mentoring.org/safetynet/http://www.mentoring.org/takeaction