The ability to obtain access to criminal history records has become increasingly important for a variety of reasons. Employers in the private sector have a responsibility to ascertain whether a job candidate has a background which could jeopardize the company's clients, employees, or business dealings. Failure to exercise due diligence in researching a potential employee's background as it pertains to the position being sought can result in serious liability.

Public employers face the same situation, particularly in instances where public safety or government security clearance is an issue. In recent years, especially, the counter-terrorism efforts of the government has lead to an increase in criminal history screening.

Those who work in the health care sector dealing with disabled, vulnerable, or elderly persons are invariably subject to criminal screening, as are applicants for teaching positions. Volunteers, as well, are more often than not investigated for a criminal background, especially those dealing with children or the elderly or disabled.

Privacy/Fairness in Reporting

With greater need for criminal history checks also comes greater concern for privacy of individuals and fairness in reporting. When obtaining criminal background information for a potential employee or volunteer, great care must be exercised that the information is accurate and current. If there is a criminal background, the individual concerned should have the right to be made aware of the contents of the report to ensure that they are being represented fairly.

In addition, consideration should be given for those who have served time and undergone rehabilitation. If the nature of the criminal history has no relevance to the position being sought, employers need to exercise care in discrimination. If an applicant is otherwise qualified for a job, he or she may not be turned down based on a criminal background that has no bearing on job duties or responsibilities. Former convicts who are re-entering society merit the opportunity to become productive members of their communities, provided their criminal background does not affect the responsibilities of their job.

Sources for Obtaining Criminal History Information

The most common sources for criminal background checks are private sector criminal history databases and screening services. For a fee, registered users may conduct a database search based on public records which provides everything from driver's license history to criminal convictions. Background screening services are also available; these services utilize databases and in-person records checks to provide information to their clients. Private individuals may also conduct direct searches of public court records, although not all information is available to the general public.

The FBI and local law enforcement agencies also maintain their own records, although in some cases law enforcement may subscribe to a private-sector database.

With improvements in technology and global information resources, criminal histories are increasingly available to a growing number of entities, and background checks are becoming widespread and routine.