In this article about background investigations, I will introduce you to the basic information as well as common myths and misconceptions. I will use NH as my example here. This type of investigation, and the data required to complete it, are governed by a plethora of State and Federal Laws: The Fair Credit Reporting Act, Gramm-Leach Bliley Act and the Driver Privacy Protection Act, and RSA 260:14 to name but a few. Which laws apply, depends upon the reason for the investigation and the data sought. I am often asked the question: "How much does a background cost?" My answer is: "Please define background". My alternative answer is: "you get what you pay for" as with any product or service. What are people looking for in a background investigation? That is the very reason for this article, as they often do not know what they are looking for, except peace of mind. Attorneys and the public are not always cognizant of what can and cannot be located and what the records may reveal. An attorney may want a background to check out his/her his or her own client, potential witness, to avoid embarrassment on the stand or to be able to examine the witness of an adversary. An employer may want to reduce exposure to liability by not hiring an employee with a problematic past. A homeowner may want to examine the background of an in house employee, such as a nanny or housekeeper. Backgrounds are done for: • pre-employment screening • in child custody matters • to evaluate potential witness or expert witnesses • to evaluate a person or firm with whom a client wishes to do business • pre nuptial concerns • peace of mind • minimize risk and liability How much the investigation contains, and thus how much it costs, depends upon the reason for the request, and the risk tolerance of the requestor. A cursory investigation may entail only a look at criminal records. When there is a need to meet the "Due Diligence" standard, the cost will rise accordingly. A recent court decision in the Midwest pointed out that technology now requires a Due Diligence investigation to include an Internet component, to meet that standard. While a Google search is an excellent tool, there are methods to look into the "hidden" internet and to go beyond Google. Specialized "Deep Search" search engines. Newsgroups should not be over looked. After three days of surveillance revealed no activity in a workers comp case, a NH investigator turned to a NewsGroup search and found that the claimant has placed in the top five in a marathon, while claiming a work related disability during the same period. Most people think of a background as a criminal check. However, not all improper, unethical or socially unacceptable behavior is found in criminal court records. Many interesting things appear in civil court filings. In NH, as in most states, we have a multi tiered system of Courts: District, Superior, Family, Probate, and Federal. I am shocked at how many of my pre-employment screening clients do not bother to check criminal convictions at the federal level. There is no such thing as a nationwide criminal search, though you will see this advertised on the internet. These searches are a compilation of data from limited repositories where the records are public and much of it is taken from Dept. of Corrections lists of incarcerated inmates. Often this is augmented with a name search from newspaper archives. This is very different from a conviction database. The most accurate way to check both criminal and civil records is an on site docket scan. There are firms that provide this service, nationwide, but it covers only the Superior Courts in a thorough fashion. This begs the question: Where do I look, in which courts? I suggest developing an address history from public and publicly available records and check all courts where the subject has lived. Whether to check contiguous jurisdictions is a matter of cost or risk tolerance. There are several states where the records are available to the public at the State Central Repository. This can provide a false sense of security, however. I know of one mid western state where the records are available, statewide, but that only 20% to 30% of the courts report their findings to the state repository. In cases where I have had a signed waiver, I have obtained records from the Central Repository at the Dept. of Safety. However, this statewide check is only as accurate and reliable as the courts sending the records to Concord. I have seen instances, though quite rare, of a conviction found in the Court, not appearing in Concord and a conviction showing in Concord not showing in the Court. Records kept by humans are subject to error. Driver histories, showing traffic convictions, can only be accessed according to the Driver Privacy Protection Act. This is often the only tool that will uncover an alcohol abuse problem. Access in New Hampshire is further restricted by the Administrative Procedures, SAF-C 5600. Saf-C 5605.17 Commissioner's Discretion. (a) The commissioner may refuse to release records which are requested pursuant to RSA 260:14 in any particular case if he determines that such a release may be contrary to the public interest or would constitute an unwarranted invasion of privacy. "Saf-C 5605.02 Pre-Employment or Employment Screening. For the purposes of RSA 260:14, V, motor vehicle records shall not be disclosed for the purpose of pre-employment or employment screening unless the screening of employees or prospective employees is being conducted for individuals who will be operating motor vehicles as a condition of employment." Liens, judgments, and bankruptcies not only provide a source of financial data but also lead to other sources of information, people who had interacted with the subject of the investigation. Also of interest and value, is a search of U.S Tax Court records. While not criminal in nature, they may help to paint a more complete picture. Sex Offender registries should be a part of any investigation. Many federal agencies keep records of adverse actions that do not lead to criminal prosecution. These records can be an invaluable source of information when used as part of a background investigation. Attorneys who become involved with our educational system need to be aware of RSA 189:13. On it's face, it mandates background investigations. A closer look reveals something quite different A person convicted of a violation of "RSA 630:1; 630:1-a; 630:1-b; 630:2;(homicide) 632-A:2; 632-A:3; 632-A:4;(sexual assault) 633:1;(kidnapping) 639:2;(Incest) 639:3; 645:1, I(b), II, or III; 645:2;(public indecency) 649-A:3; 649-B:3; or 649-B:4;( computer porn) or any violation or any attempted violation of RSA 650:2 where the act involves a child in material deemed obscene", shall not be hired by a school administrative unit. "If the criminal history records information indicates that the applicant has been convicted of a felony or of a crime listed in paragraph V, the school administrative unit, school district, or charter school shall review the information for a hiring decision, and the division of state police shall notify the department of education of any such convictions" (189:13-a). The Criminal Code still contains many serious misdemeanor offenses like drugs, assault, theft, etc. that may be on the criminal record. They are not a factor in this law, which states: "Under no circumstances shall the criminal records be released to the school administrative unit," The SAU apparently gets only a statement as to conviction of a felony or the list of specified crimes. Whom do you turn to for this type of thing? RSA 106-f: 4 states that anyone who engages in "business of collecting for a fee, hire or reward information on the identity, conduct, movements, whereabouts, affiliations, transactions, reputation or character of any person, or otherwise doing investigative work for a private rather than a public interest." must be licensed by the Dept of Safety as a Private Detective. The law is clear: it is the activity that is regulated, not the title of the provider. Unlicensed entities providing this service are not uncommon. Learn More | ||||||||||||||||||||||
What Does an Online Background Check Consist Of? In today's technologically advanced society, the Internet opens a wide array of opportunities for individuals to take advantage of. From doing basic things such as shopping online to more advanced instances of performing online research, the Internet offers us things which were never available in the past. One such thing which we can accomplish via the World Wide Web is to perform background checks on individuals. Some may wonder what these checks consist of, and the following will detail what a background check will accomplish. What Is a Background Check? In basic terms, a background check is finding a collection of information on a particular individual. This information is collected from publicly available information and is done within the constraint of the law. Background checks will uncover various facets of information on an individual such as their legal name, address, workplace and so much more. The depth of the background check will depend on the company that you use to perform such a check and the amount of information you want to gather on an individual. Gathers Necessary Information for a Wide Array of Purposes First and foremost, a background check is a way to gather information for a wide array of purposes. Background checks provide important pieces of information on others such as their legal name, address of residence, business address, occupation and so much more. Each background check company will perform checks based on their own criteria; therefore you should determine that the company will provide you with all that you need before obtaining a background check on an individual from that company. However, most companies will offer reports which consist of a variety of pieces of information which makes the background check complete and inclusive overall. With our Instant Background Check you can inquire into an individual's past discreetly and efficiently. By subscribing to our instant access pass you will gain access to a nationwide search system that will check public and private data sources to compile a report on the individual. Learn More 
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