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Criminal Record Search (Felony and Misdemeanor)

What It Reveals

This search will identify felony and misdemeanor convictions, as well as pending cases. Details include the date and nature of the offense, the date of sentencing, disposition and current status. The search will cover a minimum of seven years. There are states that permit going back more than 7 years, but in the absence of an acceptable national rule, we use an industry standard seven-year period. Note that the seven year period may include criminal matters that happened more than seven years ago, in certain cases. The seven-year period, for our purposes, means that the applicant has not been in custody for seven years. Even in some states that have a seven year limit, an older item may be reported if the applicant is expected to receive a certain minimum salary. Chimera LLC does not report arrests that do NOT result in a conviction or when the charges were dismissed.  This allows employers to comply with both federal and state discrimination laws. Note that the FCRA limits arrest results to seven years. The FCRA does not have a limitation on convictions, but many states follow some variation of the seven-year limit.
We feel that both felonies and misdemeanors must be searched, because some serious actions are classified as misdemeanors in some states. Unfortunately, misdemeanor information is not available in all courts. At the state level, the central courthouse is utilized for the search.  At times, the same resources that are available at the central courthouse are used instead. Not all jurisdictions provide all misdemeanors. Minor offenses may be reported in an outlying courthouse or at a Justice of the Peace office, and may not always be available.

   

Why is it Important?

Top three reasons: (1) Provide a safe workplace, (2) Protect employers from liability for negligent hiring, (3) Encourages honesty at the beginning of the employment relationship. Again, the search usually covers the last 7 years, and includes all locations where a job applicant has either lived, worked, or gone to school.

   

Notes about this Information

There may be limitations on the information that is available publicly, such as where there is a delay in adjudication or where the record has been expunged. Employers can’t just turn away an applicant because of a criminal record.  Employers should evaluate the relevance of the infraction to the job duties, the time that has passed since the incident and what the applicant has done in the intervening period.
There is no national database of criminal information that is available to the public. The FBI maintains a National Crime Center Information (NCIC) database that can only be accessed by employers with specific authorization. For employers without such authorization, the search is conducted by examining publicly available records at various courthouses. There are more than 3,000 courthouses in the United States, and there is of course the possibility of human error in compiling and maintaining records. At times, the initial search is done by a court clerk, and the accuracy of the results depends on the court clerk. The clerk may not do the search by every possible derivation of the applicant’s name. The fees charged by the various courts cover a wide range. When there is an actual "hit" there may be delays that Chimera can’t control, since we are relying on the court clerk to produce the records.
Searches are conducted using the name that was used for the criminal filing.  If an applicant has a previous name or an alias, a separate search must be conducted to ensure that all possible records are obtained.  Searches by previous name or alias are not conducted unless the employer specifically requests this to be done.

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