My applicant has criminal records, but don’t show on the report. Why is this?

Often times a consumer will disclose information about records that we may not report under state and federal employment law.

• • Have the records in question been sealed or expunged? We are legally unable to report sealed or expunged records.
  • The record may have been dismissed or considered a non-conviction. We only report conviction and pending cases.
  • Is the case older than 7 years? The county checks will go back 7 years from the earliest event date. While it may be possible for convictions to be reported longer than 7 years, some counties archive their records after 7 years making them inaccessible to our court researchers. Furthermore some states prohibit CRA's from report records past 7 years, even if they are located in the court database.
  • The record may be missing key identifiers such as middle name, date of birth, or address, making it impossible for us to link it to your candidate.
  • Was the applicant charged under an alias name such as a married or maiden name? The criminal records are searched using the primary name and DOB of the applicant. Alias names are not searched.
  • Was the case tried on a Federal Level? If so, we recommended adding a Federal check to your report if you have not already done so.
  • Was the case tried in juvenile court? We are unable to report juvenile records unless they were tried as an adult.

For these reasons, we always recommend conducting county searches. The ClearHire Complete package will conduct county searches on all counties of residence within the last 7 years based on the address trace we conduct.