Cited from The Background Investigator
The Background Investigator March 2009 Issue

When Bad Info About Criminal Record Checks Hurts Us All

One of the important lessons to come out from the first India Screeners' Conference held in Bangalore was that when screening firms disagree about what criminal records are available internationally, the credibility of the entire industry is undercut in the eyes of clients and employer.

For example, some firms maintains that criminal records are not available from Singapore.

However, firms that have actually gone to the Singapore courthouse, have found that criminal records are available.

As a rule, members of the industry should carefully analyze any claim that such-and-such country does not allow criminal background checks.

Nearly every country has multiple sources of criminal records such as police authorities, government agencies, prosecution offices, and courts. Just because police departments internationally may not release records does not mean that some records are not available from other sources.

The situation is similar to the U.S.

Local police stations will not release criminal but courts will release cases that have become filed with the court and are a matter of public record.

However, even then, some courts, such as New Jersey, will only have felonies and misdemeanors will be missed.

Since police records are typically broader and may include arrests for which there is no conviction; when the police are prohibited from providing such records, the courts are the next alternative.

It is also important to keep in mind that just because international records are not perfect that they should not be used as part of a due diligence effort.

Clearly, no one in the U.S, argues that court searches should be discontinued because court searches are not perfect .

The bottom-line is that screening firms should distinguish when there is a complete prohibition on obtaining criminal records exists versus a lack of availability or limitations in the manner and means of obtaining and utilizing criminal records.

Where a screening firm makes the claim that records are absolutely not available from a certain country, the best practice would be to clearly post facts or information that forms the basis of that position so that others may review and evaluate it.