In being diligent, a criminal records search is a normal part of the process. In this digitalage, performing any type of search should be much easier now that we have the right technology to do it. However, no matter how much information is stored in the web, nothing beats the manual process of retrieving public records. Often, old-fashioned “gum shoe” techniques are required and researchers find that more often than not, they must rely on less technological means to a do a criminal records search.

The national Criminal Records Look-Up Problem.

Criminal records searches would be much easier to accomplish if there was one single database containing all public records from all state databases. The problem is that there is none. No one single, “nationwide” database of criminal records exists today. In fact, the closest we can ever get to a nationwide database is not even considered as “public.” The FBI database, called the National Criminal Information Center or NCIC, contain records that are classified or confidential and no one, save for those from the criminal justice agencies, can legally access any of the files that are contained within the database.

There are Alternatives

Thus, the only other option that a public records research has is to target local databases. Alot of states keep databases of criminal records search information. Out of 50 U.S. states, 29 have state central repositories of criminal records search data. State databases are good places to start a criminal records search but they shouldn’t be the only source you have. This is because state data-bases mostly deal with criminal records search information about convictions. Minor misdemeanors are not usually included in central repositories as states do not require their law enforcement departments to store.

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Criminal Records

In some states, there are no provisions of law that prevents an employer from using your criminal records and documents to decide on hiring you. This also means that pre-employment background checks are even more greatly emphasized as this is the only means of determining that the person does or does not indeed have a record. Thus, having no record to taint your background is an absolute must for most people if they want to improve their chances of getting hired.

In California, things take a different pattern. Section 432.7 of the California Labor Code states that “No employer, …, shall ask an applicant for employment to disclose, …, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any … diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, …, any record of arrest or detention that did not result in conviction, …. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on a bail or on his or her own recognizance pending trial….”

In simple terms, employers in California can’t use the California criminal records of prospective hires as basis for their hiring decisions. The only exception to the rule is when the California criminal records involve an actual conviction. There are cases when California criminal records are established even when the suspect has not been convicted of the crime. In this case, employers cannot use these types of California criminal records in accordance with the Labor Code, Section 432.7. Also, employers cannot ask any third party entity or private organization to inquire upon the applicant’s California criminal records and use the information or data for decisions.

However, as provided by this same code, an employer reserves the right to inquire about a prospective employee’s arrest which can be included in the California criminal records. Also, the employer may ask about the circumstances of around a pending criminal trial in which the applicant is involved and is, as of the moment, out on bail. Such instances also lead to the creation of a California criminal records although they might not result in convictions.

So, in conclusion, unless you have a conviction in your California criminal records, you are safe from any hiring decision that is biased on your California criminal records.

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Aside from the business itself, the most important aspect of the company’s business is its employees. Nowadays, companies are very particular with the type of person they are hiring for a job position. Too many instances wherein no background check on Florida criminal records, or any state for that matter, was performed led to negligence hiring lawsuits. When a person with a propensity to criminal behavior as outlined in his Florida criminal records was hired without conducting a background check and committed a crime on the job, the employer could be held liable. This is why many companies today are very concerned over this particular aspect of the hiring process.

The Official Database for Florida Criminal Records

Florida criminal records are stored in a database formed by the Florida Department of Law Enforcement, under their Criminal History Information section. The database was provided in order to allow people to search for Florida criminal records or criminal history information during the screening process prior to hiring or during the pre-employment background check. The Florida Department of Law Enforcement’s Florida criminal records database is updated daily so you can be sure to get the most up to date information stored there. Also, since the Florida Criminal History Information is the official database of the State, the Florida criminal records you can get there contain data that are assuredly accurate and reliable.

The online database allows information to be exchanged over the Internet based on the names or other identifying information that you provide. As such, the names contained in the Florida criminal records returned in the search results might not be the same person whom you are inquiring about. To make sure that it is or not the same person, fingerprints need to be obtained and compared.

Unofficial Databases of Florida Criminal Records

Even though there is an official database for Florida criminal records, for some public records researcher, it is not enough. This is because, not all Florida criminal records in the Florida Depart of Law Enforcement database are provided to or open to the public. And also, the State of Florida charges each search .00, whether or not the search yields results.

To limit the expense and widen the area of the search, public records researches use more than one database of Florida criminal records. Usually, the research process involves visiting known Internet sites that keep online databases of Florida criminal records. These records might not be free as they get most of their information from public record vendors.

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Before the Internet era, all free criminal public records could only be accessed manually. There was no such thing as a nationwide database of free criminal public records. Little tidbits of everything were stored in various databases by local communities, parishes, counties, or states. Therefore, obtaining criminal records meant going through all local, parish, county, or state registries. This is of course, time-consuming, expensive, and difficult even for a savvy public records researcher.

Many online companies sell criminal records through the Internet via websites. Their work usually involves a combination of traditional research and new methods. The latter comprises a lot of Internet detective work, which means spending hours sifting through countless online databases. Many of these online databases offer free criminal public records; however, few can be trusted to provide you with accurate data so a researcher must go carefully in this aspect of his job.

In large search companies, Internet research usually only comprises a small part of the job. The bulk of the job involves physically going to courts, public libraries, hospitals, state registries, to get the documents you want. But no matter how small a part online research might play in public records research, it still plays a vital role.

Free criminal records and background checks helps a company make better-informed decisions during the pre-employment screening. The data they provide are indispensable as they are the determinants of a person’s character. In a way, criminal records and background checks are steps that a company can take to protect its own interest. There have been too many cases in the past wherein no background checks whatsoever was made on an individual and so when that individual was hired as an employee and then later on committed a crime while doing his or her job, the company was held liable.

Several states in the U.S. have laws requiring criminal record and background checks during the pre-employment process. States like Florida, are especially particular about criminal records and background checks on certain industries where “care” is provided as a service. Thus, any prospective employee or volunteer of a facility for the elderly, children, and people with disabilities are required by state statute and by federal law to undergo free criminal records and background checks.

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