Instant criminal check failures

A lawsuit alleges that a candidate lost a job opportunity due to an error developed during the criminal search. The results reported to the employer “had two personal identifiers that did not match our client” according to Alexis Lehmann, Esq.

Inaccurate criminal record results provided to employers are a growing concern when vendors utilize what is euphemistically called Artificial Intelligence that is not artificial or intelligent. This technology scrapes data and inaccurately associates records that do not belong to candidates. As a result, job opportunities are lost that adversely impact minority communities. People are prohibited from employment and rental housing due to errors resulting in financial and emotional hardship. 

The consensus at this time is that the automation of the criminal research process is making a tough problem even worse.

Rather than conduct criminal record research through primary sources such as the State Police in each jurisdiction where the candidate lived, vendors are now generating criminal background check reports through largely automated processes of aggregated data. Records undergo only minimal computerized review without any manual review or quality control by an individual before an employer receives the results.

The background industry is complacent and there has been no discussion or comprehensive study of how prevalent errors and reporting criminal records obtained through database research.

TABB INC. conducts primary source criminal record research through the State Police or other state agency designated for the purpose of conducting criminal record checks on a statewide basis for employment purposes.

Additionally, TABB INC. works with clients to ensure that they comply with the FCRA and that the pre-adverse and adverse action process is conducted if employment will be denied in whole or in part due to information contained within our report.