Why Fingerprints Fail To Make Background Checks Better

Background Checks   |   

Are fingerprint-based FBI background checks better than “traditional” background checks? That question comes up again and again, thanks in part to the taxi industry’s efforts to derail the high-speed rise of ride-sharing services.

Yet misinformation and misunderstandings about both the FBI database and the services offered by employment screening companies (like GoodHire) abound. This just-the-facts review of fingerprint background check issues will help you cut through the hype.

1. How Accurate Are Fingerprint Background Checks?

Despite the FBI database’s reputation as the “gold standard” for criminal background checks, a 2013 NELP study points out that 50% of the records in the FBI databases are missing disposition information. That means a fingerprint background check could return arrests for which a person was later cleared or for charges that were later reduced (from felony to misdemeanor, for example).

Instead of fingerprints, traditional background checking companies use a person’s name and date of birth to search a variety of data sources, including online state and county criminal record databases, sex offender registries, and most wanted lists.

The most thorough checks include in-person searches at county courthouses. Since not all counties in the U.S. make criminal records available online, in-person searches are the best way to ensure the most accurate and up-to-date records available.

Reducing Background Check Lawsuit Risks

2. Are FBI Records Complete?

Not every criminal record is associated with a fingerprint. Because the FBI database only accepts records tied to a fingerprint, an FBI check won’t return records that lack a fingerprint. NAPBS also points out that “not all state criminal records or fingerprints meet the FBI’s standards for inclusion…, and not all state records are submitted to the FBI.”

Again, the best source for complete records that include final dispositions remains the county courthouses where the information is recorded.

3. What About Disparate Impact?

One of the major issues with the lack of complete disposition information in the FBI records accessed through fingerprint background checks is the disproportionate effect on minorities.

NELP explains it this way:

African Americans are especially disadvantaged by the faulty records because people of color are consistently arrested at rates greater than their representation in the general population, and large numbers of those arrests never lead to conviction.

That disparate impact on minorities raises an additional concern. Guidance from the Equal Employment Opportunity Commission cautions:

...employers should not use a policy or practice that excludes people with certain criminal records if the policy or practice significantly disadvantages individuals of a particular race, national origin, or another protected characteristic, and does not accurately predict who will be a responsible, reliable, or safe employee.

4. How Fast Are Fingerprint Checks?

Fingerprints submitted for background checking are run against the records in the database. If submitted electronically, this process can take a few days. If the prints are rejected and need to be rerun or if they’re submitted on physical fingerprint cards, the process can take a few weeks or longer. If nothing is found, a written statement to that effect is sent to the organization that requested it. Of course, the background check can’t begin until the candidate goes to a fingerprinting location (either a LiveScan facility or a police station) to be fingerprinted.

Download Adverse Action Checklist

5. Are There Advantages To Fingerprint Background Checks?

Fingerprint background checks offer two advantages over source-based screening: They ensure that the record really belongs to the person whose fingerprints were submitted, and they offer an option to monitor for subsequent arrests or convictions that would allow notification of an arrest within a day.

Fingerprint checks also prevent an applicant from using someone else’s identity on an application.

Why No Background Check Is Foolproof

There is no such thing as a 100% foolproof background check. That’s because it’s impractical if not impossible (whether the check is done through the FBI or by a private company) to cover every possible record and every court jurisdiction where a person may have spent time at some point in their lives.

However, following industry best practices when performing background checks can ensure the maximum amount of coverage of a person’s criminal history.

Thorough employment screening gives employers tremendous insight into the people they’re hiring. Today, background check companies like GoodHire go straight to the source (county court records) for the most accurate and complete information possible.

As employers’ and society’s needs and expectations change, GoodHire has committed to reviewing the pros and cons of adding a fingerprint background option to its services.

Have you wondered about fingerprint background checks? Tweet us your questions at @goodhiretweets #BuildGreatTeams

Fair Hiring, Compliance & The Candidate Experience

Max Wesman

Max Wesman

Follow

Max Wesman leads all aspects of GoodHire services, from strategy to product development and design, to legal compliance, to customer support. Before joining GoodHire, he launched enterprise and small business software solutions for Hewlett-Packard and Microsoft.

Keep Your Eye On The Law

Subscribe to The Works for monthly updates and insight on changing hiring laws and background check best practices.

Our Contributors

Arte Nathan

Arte Nathan

President & COO at Strategic Development Worldwide
Deb McGrath

Deb McGrath

Founder and Chief Instigator of HR.com
Tony Le

Tony Le

Sr. Director, Global HR Operations & Talent Acquisition at IAC Publishing
Celinda Appleby

Celinda Appleby

Head of Global Recruitment Branding, Oracle

See All Our Contributors

Related posts

Background Checks  |  New Features  | 

New And Improved: Your Employment Screening Dashboard

From the team that brought you the top HR product of 2016 ...

Compliance  |  Background Checks  | 

Pre-Employment Background Checks 101: Mitigate Your Risk

A series of recent class action complaints against employers leads me to...

Background Checks  |  New Features  | 

New Resource Portal: Better Candidate Experience, Less Work For You

We know background checks can provoke anxiety in even the most qualified...