FINGERPRINTING VS. TRADITIONAL BACKGROUND INVESTIGATIONS

Background Investigations have evolved significantly through the years. According to WIKIPEDIA, a Background Investigation may be defined as the process of looking up and compiling criminal records, commercial records and financial records (in certain instances such as employment screening)of an individual.

Many employers have implemented background investigations as a means to assist them in making proper hiring and vendor decisions. The process of screening potential employees has led to the commercialization of the industry. At the same time local, state and federal authorities have become involved in the collection, regulation and dissemination of data utilized in the investigations process.

Fingerprint based backgound investigations are often considered to be one of the most accurate means available by which to conduct background investigations. The process involves securing fingerprints of candidates through government issued documents and submitting said fingerprints through various state/federal agencies. While this is perceived to be an accurate method, in reality, after careful examination, its outcome is certainly questionable. While there are some employers (typically state and federal agencies, as well as certain industries such as medical, banking, etc.) that require this method as a means to screen all potential employees, employers should beware of the pitfalls. Employers should be familiar with the level of searches being conducted along with the jurisdiction being searched: Federal? State? In some instances there are organizations/industries that will require fingerprinting as the method of the background investigation, however, fingerprints are only submitted to specific State or Federal agencies and not necessarily always to both. This could present a significant issue when looking at the comprehensiveness of such a method.

Fingerprinting has been available as a means for background investigations for years, however, rarely has it been found to be effective or comprehensive, and sometimes legally compliant with the FCRA (Fair Credit Reporting Act). Many of the firms that conduct thorough and accurate background investigations rarely utilize the fingerprint method, and in many cases are not permitted the access with this method without a significant investment in technology/infrastructure with a direct link and permissible purpose to FBI records. There are some organizations that will help coordinate fingerprinting through third party sources, however, this places the background investigation process in legal jeopardy. This has also raised some questions over what is typically available from a fingerprint based investigation compared to what is available to private industry. As a matter of fact, the IRS recently announced an initiative requiring background investigations on all PTIN applicants (preparers of tax returns) for proper reasons. As the following link to the IRS reflects, the IRS is still considering proposals that would require certain tax preparers to undergo fingerprinting or some other background check as part of the suitability check required to obtain the PTIN. http://www.irs.gov/taxpros/article/0,,id=239682,00.html.

Unfortunately, what many are not aware of is that while fingerprinting is perceived to be the most comprehensive means for background investigations, it is not because of the following reasons:

1. The United States Department of Justice issued a report entitled "The Attorney General's Report on Criminal History Background Checks" and the author emphatically states that although the federal fingerprinting method is quite comprehensive in its coverage of nationwide arrest records for serious offenses, the FBI's Interstate Identification Index is still missing final disposition information for approximately 50 percent of its records.

2. The same report also advises that there is no single source that provides a complete, up to date background investigation about a person's criminal history.

3. The last and probably most important fact is that the US Department of Justice Report further advises that contrary to common perception, the FBI's Interstate Identification Index is NOT a complete national database of all criminal history records in the United States. Many state records whether from law enforcement agencies or courts, are not included or have not been updated.

With all of the above being stated, it is critical for organizations to understand that there are more comprehensive, legally compliant (FCRA) organizations that access records that are above and beyond the scope of what is available through an FBI check, but thorough records from actual courts globally. A reputable background investigation firm can access thorough records from actual courts globally and will conduct an investigation utilizing a number of steps prior to conducting the criminal court research. Factors such as names utilized, aliases/identity, areas of last residency, possible areas where an applicant could have been convicted of a crime are all considerations in making a decision to conduct a background investigation. Once the initial factors are considered, the next step involves accessing the latest court records from all jurisdictions (local, state, and federal). Many times arrests are dismissed and not reportable in the FBI fingerprint method or candidates/applicants are charged with multiple charges and said charges are later pled down to lesser crimes.

According to information maintained by the United States Census Bureau, there are over 3,100 jurisdictions/venues throughout the US. With that said, based upon the report by the United States Department of Justice, it is nearly impossible to have fingerprinting stations serving all jurisdictions. A reputable background investigative firm will have proper access to court systems and be legally compliant with securing all information and ensuring that all applicable state/federal laws are followed and that the employer requesting the investigation is compliant with the applicable laws when utilizing the information.

If you are seeking a thorough comprehensive investigation, contact a firm that will provide you with a comprehensive solution rather than just inaccurate data that may be sporadic in nature. For information about this or other topics related to background investigations, contact us at info@allianceinvestigative.com. Alliance Worldwide Investigative Group Inc. is a national/international Corporate Investigative Services Firm helping employers globally in making effective and comprehensive hiring decisions.