Certainly, the modern world can seem to be a scary place. With stories on the news every day about fraud and identity theft, it’s only natural to want to make sure that people are who they say they are. Especially when it comes to sensitive cases like hiring people to care for your children, it’s only natural to want to perform criminal background checks on potential candidates. No one wants to find out only too late that someone falsified an application and neglected to mention a felony arrest.

One good way to make sure that the people you need to know more about are trustworthy is to check state criminal records. This information is usually contained in various public records. The methods of access to this information can vary from state to state, but usually involves inquiring over the phone or in person.

This process can be confusing and arduous, which explains why many profession background check services exist. These services provide information about the state criminal record of almost any individual, including all arrests, both for misdemeanors and felonies. But these services sometimes charge very high fees, making them available only for those with hefty pocketbooks.

Luckily, companies are beginning to offer online public records searches that can let individuals find the information they need without hiring a professional background check service. This can mean a significant savings to the pocketbook, as many of these sites are available free of charge. Plus, these sites offer the added bonus of searching multiple states and counties at the same time, relieving you from having to search over and over again in different locations.

So, if you need to perform a background check, but you don’t want to spend a lot of money, now you can find the information you need quickly and easily. For more information about state record keeping procedures, or other search related subjects, use the internet to guide you to the resources you need.

Search for criminal background records

Tags: criminal background check, pre-employment background check, employment background check, online background check, background check

Employers are not bound to conduct an employment background check in all cases; however, federal and state laws make a criminal background check compulsory for jobs that require interacting with children, the infirm, and the aged.

This is precisely where some background check services outshine others. I recently found my way to SentryLink from Greenbelt, Maryland and (not trying to sell their service) was much surprised . . .

by the comprehensiveness of their services. They offer the services most people want at prices most people can afford — a nifty idea, given today’s questionable economic environment.

Employers can win or lose cases that arise when someone is fired on the basis of an unfavorable criminal check, depending upon the circumstances.

So, when reputable companies conduct such searches, they need to comply with the Fair Credit Reporting Act, which requires an employer to get someone’s written authorization prior to having an outside for-profit entity conduct a background check.

Furthermore, the Act requires employers to tell an unsuccessful job seeker or a discharged employee that the unfavorable report is the reason for the adverse action and to inform the individual of the name and address of the entity furnishing the report.

As most employers already know, this is simply a part of conducting legally defensible background research for job purposes; those who are still unsure about the process are strongly advised to check with a reputable company before putting themselves on the line.

Many services use misleading claims regarding their Fair Credit Reporting Act (FCRA) compliance, creating serious legal risks for employers who use them. SentryLink, on the other hand, is a member of the National Association of Professional Background Screeners and of the Better Business Bureau.

The list below consists of criminal background information companies. All vendors are listed in alphabetical order along with and their web address.

A Criminal background check provides information people need to make intelligent, informed decisions about the individuals they allow into their lives. For example, a criminal background check can reveal pertinent information about the adults in children’s lives. An online background check includes information found in a public record search, including any relevant county records with the convenience of the internet. The process of going to the courthouse to perform a criminal background check, to look at county records as part of a public record search has changed with the rising prevalence and importance of the internet. Now the online background check has replaced the physical act of conducting a manual background check.

This particular list is part of an entire section of information provided on this website to do with various record information categories. The information categories are listed at the end of this post.

A Few Tips on Searching criminal records

All states have a central repository of criminal records of those individuals who have been subject to that state’s criminal justice system. The information at the state repository is obtained from local county, parish, and municipal courts as well as from law enforcement. Records include fingerprint files and files containing identification segments, and notations of arrests and dispositions. Although usually housed in the Department of Public Safety, often is the State Police or other state agency that maintains the central repository.

Most states make this repository available to the public, but there is a high degree of non-uniformity regarding what information is released and to whom. Consider the following:

- 21 states release criminal records to the general public without consent of the subject;
- 20 states released criminal records to the general public with a signed release from the subject;
- 16 states required statutory authority to access their records.

For those who are quick with math (57 states?), please note that some states have two types of criminal records they release.

By far, the vast majority of criminal records used (outside of law enforcement) are used for employment purposes, generally referred to as pre-employment screening or background checks.

criminal records and Pre-employment Screening

A background screening is not meant to stop an individual who has a criminal record in the past from being hired. The purpose of a background screen or background check is to enable employers to verify the information presented by job applicants, determine if applicants are being truthful about their past, and really are they say they are (not someone with a false ID or even a terrorist).

State and federal laws are very strict about what employers can and cannot ask or use when making hiring decisions. The following statistics pertaining to state restrictions on criminal record use by employers:

- 19 states prohibit the use of arrest records (i.e., non-conviction records);
- 5 states prohibit the use of misdemeanor convictions;
- 13 states prohibit the use of expunged or sealed records;
- 4 states restrict the use of records based on time periods;
- 2 states limit the use of first offense records.

The federal regulations concerning the use of criminal records by employers come from the Fair Credit Reporting Act (FCRA). If you are an employer, ordering criminal records on potential employees, or a pre-employment screening company, it is imperative that you become familiar with this law.

According to Derek Hinton, author of the criminal records Manual, “. . . there are three main areas in which the FCRA can affect an employer ordering criminal records:

- Releases: with notifications must be made and permissions granted from the subject of the search.
- Arrest vs. convictions, seven-year rule: What information can appear on the report, and what must be suppressed.
- Aged public record for employment purposes: When the vendor databases records, what additional notifications to the subject must be performed.”

National criminal record Search

“Ah ha,” you may say, “. . . There is no need to search the state and county agencies. I can find a national criminal record search on the Internet for as little as $15.00.”

If you are an employer and rely on such a search as your sole criminal record check, you could very well be exposing your company to a negligent hiring lawsuit. The reality is that there is no such database available to the public. End of story.

Alacourt.com
Appriss, Inc./ VineLink
background check Information
Backgroundchecks.com
Background Information Services, Inc.
Background Records Search
CaseClerk.com
ChoicePoint, Inc.
Circuit Court Express
CoCourts.com
Confi-Chek
Court PC of Connecticut
CourtSearch.com
Criminal Information Services, Inc.
Data-Trac.com, USCrimsearch.com
DCS Information Systems
Doxpop

iDocket.com
InsightAmerica
Judici
MegaCriminal Database
Merchants Association - MAF
Motznik Information Services

OPENonline
Oso Grande Technologies, Inc.
Querydata.com
Rapidcourt.com - NC Recordsonline.com
Rapsheets.com
Search Company of North Dakota, LLC.
Tenstar Business Services Group
Tracers Information Specialists, Inc.
TransUnion Vantage Data
US SEARCH.com
USIS Commercial Services
Virtual Docket, LLC.
XPOFACT

Here is a current list of all the categories of public & private record information companies provided on this site:
- Address and Telephone Numbers
- Aviation
- Bankruptcy
- Corporate/ Trade Name Data
- Credit Information
- ConvictedCriminal Information
- Driver and/ or Vehicle
- Education/ Employment
- Environmental
- Foreign Country Information
- Genealogical Information
- Licenses/ Registrations/ Permits
- Litigation/ Judgments/ Tax Liens
- Military Service
- Patents
- Real Estate/ Assessors

Related terms: employment background checks, employee screening, employment background check, doctor background check, employee background check, employment history search, background check for employment, cross check service, background check employee, corporate intelligence, employment eligibility verification, pre employment screenings, corporate identity research, employment background search, pre employment background check, employee background checks, employment eligibility verification form, employee screening services, verification of employment, employment background screening, employment history check, Employment background check, Criminal background check, Background Check, PRE Employment Screening, PRE Employment background check, Background Screening, Background Search, Employment Screening, Tenant Screening, Criminal Background, Employee Screening, Employment Verification, Background Investigation, Criminal Check, Employment Screening Services.

In this video, the telemarketer calls and the guy who answers (a police detective) tries to put the telemarketer through a criminal background investigation, under the suspicion that he has something to do with the dead guy . . . oh, I didn’t mention there was a dead guy in this video? Oh well, it’s long story, just watch!

This one’s a clear winner!

ACRONYM: NICS

ORIGINATOR:
Department/Agency Name: U.S. Department of Justice

Major Organization Subdivision: Federal Bureau of Investigation

Minor Organization Subdivision: Criminal Justice Information Services (CJIS) Division
Name of Unit:
Street Address: 1000 Custer Hollow Road
City: Clarksburg
State: West Virginia
Zip Code: 26306
Country: United States
Hours of Service: 9:00 a.m. - 5:00 p.m.
Telephone: (304) 625-2000

ABSTRACT: The National Instant Criminal background check System (NICS) provides a method of checking available information to determine whether a person is disqualified from possessing a firearm under federal or state law. The NICS contains records on individuals who are disqualified from possessing a firearm. These records include an individual’s name, sex, race, other personal descriptive data, date of birth, state of residence, and sometimes a unique identifying number. The NICS also contains criminal information which may disqualify an individual from possessing a firearm under federal or state law.

PURPOSE: The purpose of NICS, which was established pursuant to the Brady Handgun Violence Prevention Act (Brady Act), is to provide a means of checking available information to determine whether a person is disqualified from possessing a firearm under federal or state law.

ACCESS CONSTRAINTS: All records in NICS are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include restricting access to those with a need-to-know to perform their official duties, and using locks, alarm devices, passwords, and/or encrypting data communications.

USE CONSTRAINTS: Users of NICS are restricted to only those privileges necessary to perform an authorized task(s).

AGENCY PROGRAM: The Brady Act requires the Attorney General to establish by November 30, 1998, a national instant criminal background check system that gun dealers must contact for information on whether receipt of a firearm by a prospective purchaser would violate federal or state law. The Attorney General has assigned responsibility for developing the NICS to the FBI. (59 Fed. Reg. 28,423 (1994)).

SOURCES OF DATA: Data contained in NICS is obtained from local, state, federal and international records.

RESPONSIBLE OFFICE FOR DISTRIBUTING INFORMATION (if different from originator):
Department/Agency Name: U.S. Department of Justice
Major Organization Subdivision: Federal Bureau of Investigation
Minor Organization Subdivision: Office of Public and Congressional Affairs
Name of Unit: Freedom of Information and Privacy Acts Section
Street Address: 935 Pennsylvania Avenue, N.W.
City: Washington, D.C.
State:
Zip Code: 20535-0001
Country: United States
Hours of Service: 9:00 a.m. - 5:00 p.m.
Telephone: (202) 324-3000

ORDER PROCESS: This system of records has been exempted from the access procedures of subsections (d) and (e)(4)(H) of the Privacy Act, to the extent permitted by subsections (j)(2), (k)(2), and (k)(3) of the Privacy Act. A request for access to a non-exempt record from the system should be made in writing with the envelope and the letter clearly marked “Privacy Act Request.” Include in the request your full name, complete address, date of birth, place of birth, and notarized signature. The requester will also provide a return address for transmitting the information. Requests for access to information must be addressed to the Federal Bureau of Investigation, FOIPA Section, 935 Pennsylvania Avenue, NW, Washington, DC 20535-0001. Alternative procedures are available to a person who has been denied the transfer of, or permit for, a firearm or explosives because of information in the NICS. The alternative procedures can be found at 28 CFR, Part 25, Subpart A. All other requests for information should be submitted in writing to the office listed below.

OFFICE OF CONTACT FOR FURTHER INFORMATION (if different from originator):
Department/Agency Name: U.S. Department of Justice
Major Organization Subdivision: Federal Bureau of Investigation
Minor Organization Subdivision: Office of Public & Congressional Affairs
Name of Unit: Freedom of Information Privacy Acts Section
Street Address: 935 Pennsylvania Avenue, N.W.
City: Washington, D.C.
State:
Zip Code: 20535-0001
Country: United States
Hours of Service: 9:00 a.m. - 5:00 p.m.
Telephone: (202) 324-3000

Though most professionals, and probably more of the general public, would think the need for background checks is anywhere from unnecessary to overly intrusive, the more they’re conducted, the more it appears the practice is quite helpful.

Has the need for background+checks" rel="tag">instant criminal background checks increased in recent years? Perhaps. Has this had anything to do with 9-11? Probably, but in the case of health care professionals, as with teachers, coaches, priests, tax attorneys and other professionals — the need has been less for reasons relating to the risk that one of them might be planning a mass murder, and more to do with the risk that they might act contrary to the better values of their profession (usually for reasons of personal gain).

Either case makes strengthens the case for employers to do criminal background checks on their employees, for the sake of their professions and even moreso, for the sake of the general public.

Running criminal background checks on physicians (or any other professional) can raise difficult questions… Should events from 5, 10, 15 years ago be considered? What if the charge is not related to their profession? What about issues where the facts may be in dispute? If the matter is deemed serious, does that mean denial of professional memberships and/or privileges, or is some lesser action sufficient?

Difficult issues; and, deliberately closing one’s eyes to available data is a risky option. We will take up this issue in another article, and I will provide an example of how background checks and other questions relating to professional ethics have been handled (and enforced) in the field of public management, my professional area.

No gun law, however, can claim to prevent future acts of violence. A universal check would be valuable in the sense that it would restrict access by those who go to private sellers knowing they’d fail the check at a gun shop, or at a gun show — irregardless of the “gun show loophole,” discussed later. The background checks don’t keep people with clean records from becoming violent. But they keep those with criminal+records" rel="tag">criminal records from evading the NICS check system we now have in place.

What a lot of observers have come to call the “Gun show loophole” is a term coined to describe the legal sale of firearms between private individuals at gun shows in states where this is legal.

When and where these sales take place at a gun show, some perceive a “loophole” in the National Instant Criminal background check System (NICS), although these laws have never applied to individual-to-individual sales of personal firearms.

Federal law requires persons engaged in interstate firearm sales, or who are simply in the business of selling firearms, to hold a Federal Firearms License and to perform a background+check" rel="tag">background check prior to transferring a firearm, but there is an exemption for private sales by individuals who are “not engaged in the business” of selling firearms, or who only make “occasional” sales, hence the loophole.

Unlicensed private sellers are permitted by law to sell privately-owned guns at gun shows, or at private locations, in 24 states (as of 1998) [see Wikipedia].

Although gun shows remain a point of concern, a 1997 Department of Justice survey of 3,959 inmates found that only 2% stated that they had bought a gun used in a crime from a gun show. The remaining 98% were obtained from other sources, in which the criminal had no direct connection with a gun show. The most common sources (35%) were family or friends!

Licensed gun dealers who sell at gun shows must, by federal law, strictly check backgrounds through the National Instant Criminal background check System. Additionally, some states and parts of states have laws requiring a purchaser to observe a waiting period before taking possession of a firearm from even private sellers, unless a CCW license is held by the buyer. These waiting periods typically range from 3 to 10 days depending on the state where the firearm is purchased. These waiting periods may not apply to firearms that fall under the “curio & relic” laws (firearms that are over 50 years old), depending on jurisdiction.

Another concern sometimes voiced is the possibility that a gun dealer, who might otherwise be required to be licensed, could pose as a private seller to circumvent federal law requiring dealer licensing and mandating background checks of firearms purchasers at a gun show. However, the criteria that would differentiate a person “in the business of firearms dealing” from a “private seller” has not been clearly defined under U.S. law.

Furthermore, such cases have yet to be tested in U.S. courts. Tom Mangan, of the Bureau of Alcohol, Tobacco and Firearms (ATF), has stated, “There is no limit to the amount of guns that a private collector can have. Some have 10; some have 1,000, if I go to a gun show and state that this is my private collection, I am not required by law to ask you for identification, ask you to fill out any paperwork or conduct a background check. It is simply cash and carry.”

The ATF has reported that between 50% and 75% of the vendors at these venues possess a Federal Firearms License. Remaining vendors may sell books, parts, collectibles, or food and drink. Individuals who are not in the business of selling firearms, and who are not required to possess Federal Firearms Licenses, may make legal private firearm sales to residents of their own states, subject to state law. Federal law does not require a background check on such sales.

Private sales between attendees or between attendees and non-dealer vendors are not uncommon at gun shows, though they make up a small fraction of the guns sold. Groups opposed to these legal private sales at gun shows contend that allowing them makes gun shows an attractive venue to persons prohibited by Federal law from possessing firearms (convicted felons, domestic abusers, drug addicts, fugitives from justice, individuals adjudicated as mentally ill, illegal immigrants, and others) who would be stopped by a background check.

Others question the point of laws that would make private sales at gun shows illegal, while the same private sales would be legal in the parking lot.

In November 1993, the Brady Handgun Violence Prevention Act of 1993 (Brady Act), Public Law 103-159, was signed into law requiring Federal Firearms Licensees (FFLs) to request background checks on individuals attempting to purchase a firearm. The permanent provisions of the Brady Act, which went into effect on November 30, 1998, required the Attorney General to establish the National Instant Criminal background check System (NICS) that any FFL may contact by telephone or by other electronic means for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate section 922 (g) or (n) of title 18, United States Code, or state law.

The NICS is a national system that checks available records in the National Crime Information Center (NCIC), Interstate Identification Index (III), and the NICS Index to determine if prospective purchasers are disqualified from receiving firearms.

The FBI developed the NICS through a cooperative effort with the Bureau of Alcohol, Tobacco and Firearms (ATF) and local and state law enforcement agencies. The NICS is designed to respond within 30 seconds to check background to provide FFLs with an immediate answer as to whether the transfer of a firearm would violate state or federal law.

Definitions of Prohibiting Categories

The NICS Index contains records provided by state and federal agencies about persons prohibited from receiving firearms under federal law. All records in the NICS Index are dis-qualifying records and will prohibit the sale of a firearm. Most records in the NICS Index are obtained from federal agencies. However, authorized local and state law enforcement agencies may voluntarily contribute records to the NICS Index. The information in the NCIC and III systems searched during a background check has been or will be contributed voluntarily by local, state, federal, and international criminal justice agencies in accordance with the entry criteria and policies associated with those systems and records. The following definitions from the Federal Register, Vol. 62, No. 124, outline categories of persons prohibited from receiving firearms included in the NICS Index:

1) Persons who are aliens and are illegally or unlawfully in the United States

Criteria for Entry

The United States Immigration Naturalization Services (USINS) and state law enforcement have the authority to enter and update records for individuals who are aliens and are unlawfully and illegally in the United States.

2) Persons who have renounced their U.S. Citizenship

Criteria for Entry

The Department of State alone has the authority to enter and update records on persons who have renounced their United States citizenship.

3) Persons who have been adjudicated as a mental defective or have been committed to a mental institution.

Criteria for Entry

The Department of Veteran Affairs, the Depart-ment of Defense, and state law enforcement have the authority to enter and update records on persons who have been adjudicated as mental defectives or have been committed to mental institutions.

4) Persons who have been discharged from the armed forces under dishonorable discharge conditions

Criteria for Entry

The Department of Defense and the U.S. Coast Guard have the authority to enter and update records on persons who have been discharged from the U.S. Armed Forces.

5) Persons who are unlawful users of/ or addicted to any controlled substance

Criteria for Entry

The Department of Defense, the U.S. Coast Guard, and state law enforcement have the authority to enter and update records on persons who have been unlawful users of or addicted to any controlled substance.

6) Persons who are federally disqualified when a record is not already included in NCIC, III, or the NICS Index

Criteria for Entry

State law enforcement has the authority to enter and update a record on persons who are federally disqualified when records are not already included in the NCIC, III, or the NICS Index.

If you have just been denied by a federally licensed firearms dealer from receiving a gun because of a record in the FBI’s National Instant Criminal background check System (NICS), you may appeal as provided in this NICS Regulations, Correction of Erroneous of Information (28 CFR Part 25.10) and Subsection 103(f) and (g) and Section 104 of the permanent provision of the Brady Handgun Violence Prevention Act of the Brady Law.

This brochure is designed for appealing denials made by the FBI NICS Operations Center. (Procedures for appealing denials by the states acting as Points of Contact will be provided separately by those states.) The following procedures are steps you need to follow for a NICS appeal.

REQUESTING REASONS FOR YOUR DENIAL

STEP 1

1. You may request the reason(s) for your denial by writing to:

Federal Bureau of Investigation,
NICS Operations Center,
Research and Analysis,
P.O. Box 4278,
Clarksburg, West Virginia, 26302-4278.

You must include your complete mailing address in the request. If you do not include your mailing address, the NICS Operations Center will be unable to process your appeal.

The NICS Transaction Number (NTN) is a tracking number that is directly linked to your denial. You must include the NTN with your request. You should obtain the NTN from the dealer where you are purchasing the firearm.

2. The NICS Operations Center will respond to your request by providing the reason(s) for your denial within five business days after receiving your request. This response will indicate whether you must provide additional information to support any appeal.

TO BE PROVIDED BY THE FFL:
NTN #____________________________

APPEALING YOUR DENIAL

STEP 2

The following outlines the steps you must take to either challenge your record or make a claim that the record pertains to someone other than you.

Questions of Identity

You may have your fingerprints recorded at your local law enforcement department. Submit your fingerprints and other requested information to the NICS Operations Center. In some cases involving criminal records, you may be asked to submit your fingerprints to establish if you are the person who was actually arrested/convicted.

Record Challenges

1. After receiving the reason for your denial, you may write to the NICS Operations Center to challenge the accuracy of the record or declare that your rights to obtain a firearm have been restored. If you have additional information to assist the NICS Operations Center in correcting the record, attach the information to your written response. The NICS Operations Center will correct the record and provide you with written approval to proceed with the transfer of your firearm.

2. If the NICS Operations Center is unable to resolve the appeal, you will be provided information to contact the agency which created the record. You may then apply for correction of the record directly with that agency. In this case, you must follow procedures established by the state or federal agency that maintains the original record. If your record is determined to be invalid or incorrect, the originating agency will correct your record and notify you. You must notify the NICS Operations Center of the record correction. The NICS Operations Center will verify the correction and provide you with written approval for the transfer of your firearm.

a. You may submit any information to the originating agency which would assist the agency in correcting, clarifying, or verifying your record.

b. If you have “multiple” disqualifying records you wish to challenge, you may submit an appeal to each originating agency.

SUCCESSFUL APPEAL

You must present your written approval to the firearms dealer who performed your initial background check. If less than 30 days have passed since the initial NICS check, and if there are no other disqualifying records on which the denial was based, the NICS Operations Center will notify the firearms dealer that the transfer may proceed. If more than 30 days have passed since the initial NICS check, the firearms dealer must recheck the NICS, without charging a fee, before allowing the sale to continue.

APPEAL ALTERNATIVE

You may contest the accuracy or validity of a disqualifying record by bringing an action against the state or political subdivision responsible for providing the information used to create a record or to add to an existing record, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that erroneous information be corrected or the transfer be approved.

Submitting Batch Files

The states have two modes to add, modify or cancel records from the NICS Index.

The first mode is an electronic connection between the NICS and the states using an application layer and the NCIC-Front End. The states use the interface to electronically add, modify, supplement, cancel or display a denied persons record in the NICS Index.

The second mode is batch data transfer on tape for the NICS Index record additions, modifications, supplements, and cancellations. Since the contributing states or agencies are responsible for the accuracy and validity of the NICS Index records, it is imperative to supplement or cancel records as needed.

* Additions, updates, and cancellations may be submitted to the NICS in batch mode as a series of records on an IBM standard 3480 magnetic cartridge tape, CD-ROM, or 3.5″ diskette.

Voluntary Submissions

In addition to local and state law enforcement agencies voluntarily contributing records to the NICS Index, the FBI/NICS Program, Customer Service receives telephone calls from state mental institutions, psychiatrists, police departments and family members inquiring about placing individuals in the NICS Index. Frequently, these are emergency mental health issues. These situations require immediate action. Validation of the records is conducted prior to submission into the NICS Index.

* Since the data stored in the NICS are documented federal data, access is restricted to agencies authorized by the FBI.

NICS Information:
Customer Service
1-877-444-NICS (6427)
Facsimile
1-888-550-6427

Telecommunications Device for
the Deaf (TDD)
1-877-NICS-TTY

NICS Web Site
www.fbi.gov/hq/cjisd/nics/index.htm

NICS E-Mail Address a_nics@leo.gov

photo credit: Dale Gillard

Pennsylvania officials gambled and lost in having the state Gaming Control Board rather than state police handle some aspects of background checks on applicants for casino licenses.

That’s borne out by the perjury indictment against Louis A. DeNaples, who was issued a license for the Mount Airy Casino Resort in Monroe County. Police accuse DeNaples of lying about alleged ties to people linked to organized crime during the application process. DeNaples says he’s innocent. But, that’s the type of thing that happens in the public realm all the time.

According to the federal government, “contracting-out” decisions, those which determine which functions will/ will not be performed by private contractors, generally flow from an understanding of which internal functions are, and which are not, “inherently governmental” (Office of Management and Budget, Circular A-76, Performance of Commercial Activities). What’s “inherently governmental“? Functions like printing money, going to war, defending our borders/ airports, executing prisoners. . . that sort of thing. Problem is, the definition is not rock-solid. Like most things that matter, the definition (for better or worse) lends itself to some interpretation, which then, of course, depends on who’s doing the interpreting.

background checks, particularly criminal background checks, would not (at first glance) appear to fall in that same “inherently governmental” category. Several very reputable firms, it would seem, are capable of handling such matter effectively, efficiently and economically — saving government both time and money. Sounds like a good deal.

However, since 9-11, and the types of security breaches American have become increasingly sensitive to, the need to check background (and to do so without compromising our security) has increased considerably. So much so, that the function itself should probably be considered “inherently governmental.”Had this been the case in Monroe County, DeNaples would not have to defend himself, and more importantly, the public wouldn’t have to concern themselves that their security has been sold out to the highest bidder. Insofar as the threat, in this case, revolved around organized crime, what was at stake probably had less to do with mass murder and more to do with money and/ or public property.

In either case, the public still has a right to its maintaining the integrity of its security processes, and of protecting that which belongs in the public realm. background checks have come a long way over the last several years, and it is now as important to check background before letting contracts, as it is to arm soldiers before going to war.

This precautionary step is a great screening tool for employers who hire people who work with children. Recently, I have come across a few news articles that involve people who work with children who have a criminal record. Not everyone who works with children is required to have a criminal background check. This is a very disturbing trend and many school districts and childcare providers are taking steps to assure that their employees check criminal background before going into the field.

In addition to the criminal background check, many employers are requiring that employees have a clearance check that involves a history of child abuse. This is another screening tool that is essential for people who are going to work with children because it checks for crimes specific to children. A person may not pass a criminal background check because he was caught shoplifting when he was eighteen. The person may be a model citizen and he may be very good with children, but he will probably not secure a position because of the criminal background check.

Recently, I had to be fingerprinted to complete clearances for the University of Phoenix online education program. The state of Arizona requires teachers to have a fingerprint clearance in addition to the traditional criminal background check. I wasn’t concerned about the results of the fingerprint background check, but I did have to take my five-month-old daughter to the police station so mommy could get fingerprinted by the local police.

For some reason I did not give a second thought to the criminal background check, but the fingerprint clearance gave me bad dreams. I guess that it had to do with having to take a baby to a police station or just good old-fashioned guilt, but I kept dreaming that the fingerprints came up in an investigation for a major crime. The dreams were really disturbing and I told my husband that I must have a guilty conscious. He thinks that it has to do with the realization that the Federal Government makes the fingerprint clearance and I’m beginning to see things on a larger scale.

Maybe the guilty dreams have to do with the fact that no one is perfect. We have all made mistakes and we have all had to face the consequences for our mistakes. Passing a criminal background check is no problem for a law-abiding citizen like me, but passing a fingerprint background check seems to strike me on a more personal level. After all, a part of me is literally cleared through the state. I guess that I realize that I am not perfect and I should feel lucky to have an opportunity to touch the lives of our children through my career.

background checks aren’t perfect, of course. They can’t absolutely predict future behavior; the Blacksburg killer may well have passed one, for example. No gun law, however, can claim to prevent future acts of violence. The universal check would be valuable because it would restrict access by those who go to private sellers knowing they’d fail the check at a gun shop. The checks don’t keep people with clean records from becoming violent. But they keep those with criminal backgrounds from evading the national instant criminal background check system (NICS) we have in place now.