Different Types of Checks

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As outlined above, there are two basic types of checks: criminal and personal history. The distinction can also be drawn between public and private records. In general, because of the Freedom of Information Act and a host of other transparency laws, public records are relatively easy to obtain, and the procedure is much less time-consuming than it used to be, thanks in large part to the Internet. Conversely, private records are becoming somewhat harder to obtain. This is in part due to a backlash against the ease with which just about anyone can ferret out information about another person, again, due to the Internet. Many laws are being passed limiting the scope and authority of background checks on private information.

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Public Information Checks

As a matter of public safety, criminal background checks are available on any individual to any member of the public. Such checks can be done at the city, county, state, or federal levels, or at any combination of the above; for instance, a regional check of, say, the New England states could be performed. It may surprise some people to learn that there is no national criminal database. A criminal conviction in one state will not show on the records from another state. Also, federal offenses do not show on state databases. Not only that, but county records do not always show up on state databases (though they are supposed to). This means that to do a thorough nationwide criminal check involves searching several, even dozens of databases.

Driving records are in fact consolidated among the states, and thus are relatively easy to check by consulting a single database. In some states, educational histories are also a matter of public record.

Private Information Checks

These include virtually everything about a person that is not a matter of public record: residence history, job history, credit report, bankruptcy filings, educational records (in those locations where such records are not public), licenses and certifications (possibly public records if the institution issuing them is a public or governmental institution).  While many Internet sites offer the ability to search such records for a low fee, the fact remains that privacy laws do exist and such searches may in fact be illegal. The prevalence of such unauthorized searches is why many persons are extremely reluctant to provide their Social Security numbers to anyone for any reason. This underscores the need for strict confidentiality on the part of the employer doing a background check.

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