Criminal Background Checks

The National Perspective

Topics to Be Covered

Background Checks: Considerations and Types

Reforming the System: MENTOR’s Efforts

What’s Next: The Future of Background Checks

Background Checks

Considerations and Types

What Should I Know about Background Checks?

Each state sets its own laws on background checks. The result?– Thorough background checks are not accessible

in some states– Costs and response times vary greatly from

state to state– There is no consistency on eligibility,

procedures, etc.

The “perfect” check: there is no single database in this country with 100% of all criminal records

Terms: Fingerprint-based vs. Name-based

A name-based check uses a volunteer’s name/SSN to find possible criminal records. This has risks:– Individuals can give you a false name to hide a

criminal past. Over 1% of the 45 million individuals on file in the FBI database have used over 100 aliases and fake SSNs.

– You could get a “false positive” – the volunteer seems to have a criminal record, but it is really another person with the same name.

A fingerprint-based check is the only way to verify an individual’s identity. Fingerprints cannot be falsified.

Terms: Convictions vs. Arrests

Criminal record databases often include “open arrests”– The criminal record was not updated to

indicate what happened after the arrest (convicted, found not guilty, charges were dropped, etc)

Some types of background checks only access convictions– Open arrests are not included– Can result in an “all-clear” on an

individual with an arrest record

Terms: Rap Sheet vs. Fitness Determination

Rap sheet: a print-out of crimes found Fitness determination:

– A third party examines rap sheet for “barrier crimes”

– The program receives notice of whether or not barrier crimes are present, but not the rap sheet

Pros and cons to each– Rap sheets are difficult to interpret, so fitness

determinations are easier to use– Rap sheets provide the most “context” for criminal

records – Fitness determinations better protect the privacy

of your volunteer

Types of Background Checks

There are several kinds of background checks. Not all are accessible in every state.– County/local check– State check– Private vendor check– FBI check

Every program must decide what type of background check works best for them.

County and State Background Checks

Obtained through local police department or state agency

Can be name-based or fingerprint-based depending on state or jurisdiction

Includes only crimes committed within that county/jurisdiction– People often work, live and drive through more than

one county– People move from state to state– People vacation, serve guard duty, or take business

trips in other states– Relying on volunteer to be truthful about

past residences

Private Vendor Check Obtained through background investigation

companies Costs and response times vary Name-based checks; generally only access

conviction records Some check records for counties of residence

for the last X years Some maintain “national” databases of criminal

records (often searchable online). However:– 17 states do not sell or share any criminal data

with private companies– Other states share only limited criminal records

data (such as parole records)

FBI Background Check

Obtained through state (if accessible)

Always fingerprint-based

Includes convictions and open arrests

Cost is $18 plus state fee

Response time varies by state

Most states return a fitness determination; some return rap sheets

FBI Background Checks

FBI database is the most complete criminal database in the U.S.– Includes all federal crimes, plus 70-90% of each

state’s criminal records.– Not included are the lowest-level misdemeanors

and citations, which states generally do not submit to the FBI’s database

– Includes over 200 million crimes committed by over 45 million individuals

– 5,000 – 7,000 people are added to the FBI database each day.

– All records are fingerprint-based

Reforming the System

MENTOR’s Efforts

The Experience for Mentoring Organizations

For mentoring, background checks are a critical part of the volunteer screening process

Several years ago, we started hearing that local programs were having troubles with the background check system:– They needed nationwide data, but FBI checks

were rarely accessible in many states– When available, FBI and state background checks

were too costly and took too long to get results– It was confusing to figure out what agency

handled background checks, eligibility, and how to apply

Documenting the Problem: What We Found

A confusing decentralized system– Over 1200 state statutes govern access to

background checks– No consistency from state to state on procedures,

eligibility, etc.

In most states, FBI background checks weren’t available to mentoring organizations:– Lack of accessibility to FBI checks (only 14 states

allowed access to mentoring organizations)– High cost (average $30, ranged from $0 - $75)– Lengthy turnaround time (average 6-8 weeks)

Our Proposed Response

We proposed to Congress a national solution:

– Allow all organizations working with vulnerable populations to access FBI background checks directly

– Bypassing the states would create a consistent, streamlined national approach

– Reduce or eliminate the background check fees

– Improve turnaround time to 2 weeks or less

Congressional Action

Legislation on this national solution passed the Senate in 2002 under the leadership of Senators Biden and Hatch. But it didn’t pass the House before Congress adjourned.

Instead, Congress created an 18-month FBI background check pilot program through the PROTECT Act to test several methods of obtaining FBI checks

Goal is to find the best method and implement it as a permanent solution for youth-serving organizations

The SafetyNET Pilot Program

Three organizations were selected by Congress for the pilot program:– MENTOR/National Mentoring Partnership– Boys & Girls Clubs of America– National Council on Youth Sports

Three states (MT, TN, VA) were also selected for a state-run pilot program

MENTOR’s portion of the pilot is called SafetyNET

Any mentoring organization in the country can apply to MENTOR for participation

SafetyNET Basics

A standard FBI check, with access to both federal and most state offenses

Cost: $18 per volunteer

3 to 5 day response time

Results are a fitness determination, with option to receive full rap sheet

A special website tracks progress and allows results to be downloaded

In MT, TN, VA – FBI check plus state check; fees and procedures vary

How Does It Work?

Programs mail fingerprint cards to MENTOR

MENTOR scans and submits them electronically to the FBI

The FBI pulls any matching criminal records

National Center for Missing and Exploited Children (NCMEC) makes fitness determinations

Fitness determination available online (on password-protected website)

What’s Next?

The Future of Background Checks

The Pilot Program

The pilot will end in January 2005

The FBI is required to examine the pilot, study weaknesses in the current system, and make recommendations for a permanent workable solution

We will work with Congress and the FBI to develop a system that is:– Accessible to all kinds of organizations that work

with vulnerable populations– Affordable– Timely– Simple to use

How You Can Help

If you want to join in the effort to advocate for a better background check system:– Encourage your national organizations to join the

coalition of organizations working on this issue

– Stay up to date through MENTOR’s Advocacy Network (http://www.mentoring.org/advocate)

– Contact your Members of Congress and tell them about the troubles you have with background checks

– If you have suggestions or stories you’d like to share, let me know. We collect them to share in our work with Congress.

Any Questions?

Contact:Margo Pedrosompedroso@mentoring.org (703) 224-2221

Or, visit:http://www.mentoring.org/safetynet/http://www.mentoring.org/takeaction