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Background Checks Aug 20, 2024

Risks and Challenges of Using Local Sheriff's Offices for Volunteer and Employee Criminal Background Checks

Learn about the risks of using local sheriff's offices for background checks and discover a secure and compliant solution for efficient screening processes.

When it comes to conducting criminal background checks for volunteers and employees, many organizations consider using their local sheriff's office. While this might seem convenient and cost-effective, it comes with several significant risks and challenges that can compromise the integrity of your screening process. 

 

Lack of Technology to Streamline Screening 

Local sheriff's offices often lack the technology needed to streamline the criminal background check process. This can lead to inefficient and time-consuming paper pushing, along with outdated management practices for reviewing results, approvals, and denials. Additionally, there's no streamlined way to track when a background check was completed. 

 

Non-Compliance with FCRA/EEOC 

Using local sheriff's offices for background checks can result in non-compliance with Fair Credit Reporting Act (FCRA) and Equal Employment Opportunity Commission (EEOC) guidelines. They typically do not provide Pre-Adverse/Adverse action administration when an applicant is denied based on their criminal history. This lack of compliance is a significant risk, as most lawsuits in this area stem from improper dispute processes related to criminal background checks. 

 

Limited Scope of Criminal Data 

Local sheriff's offices often only provide criminal data from their own county, and at most, conduct statewide searches. A comprehensive background check should include: 

  • County searches of current and past residential history 
  • A national criminal database search to capture data inside and outside the current state of residence 
  • A national sex offender registry search 

Sheriff's departments typically do not have the tools and technology to perform address history searches to identify other relevant jurisdictions or to check for previously used alias names. This limitation can leave gaps in the screening process, potentially missing critical information about an applicant’s criminal history. 

 

Resistance from Local Authorities 

Local courthouses, police, and sheriff's departments often resist organizations using their systems for background checks. This use can create a backlog in their system, delaying other essential law enforcement activities. Additionally, depending on the jurisdiction, it may even be illegal for them to process background checks on behalf of organizations. 

 

Liability and Data Security 

Organizations relying on local sheriff's offices for background checks face significant liability challenges. They need their own system and provider to eliminate these risks. It's crucial to have a method in place to store criminal reports safely and securely to protect sensitive data. 

 

Our Solution

At Bchex, we offer a system that keeps sensitive data safe and secure, ensuring compliance with FCRA and EEOC guidelines. Our comprehensive background checks include county searches, national criminal database searches, and national sex offender registry searches. We use advanced technology to streamline the screening process, eliminating inefficiencies and ensuring thorough, accurate results. 

 

By using our system, organizations can avoid the pitfalls of relying on local sheriff's offices for criminal background checks, ensuring a more secure, efficient, and compliant process. 

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