by Unlike other background checks, fingerprints are uniquely linked to an individual. This makes them a crucial tool for verifying criminal and non-criminal records.
Employers and lawmakers often cite fingerprint background checks as the gold standard for pre-employment screenings. However, fingerprint searches have several drawbacks and should be used with other methods.
Legal Compliance
Many companies require fingerprint background checks for certain regulated industries. Fingerprint-based criminal record searches involve searching the FBI’s Integrated Automated Fingerprint Identification System (IAFIS). This nationwide computer database contains information about arrests and federal employment, naturalization, or military service. It also includes fingerprint records from people who have purchased firearms and can be searched 24 hours daily. Some states have databases that can be searched in addition to or instead of the IAFIS, known as State Identification Bureaus.
Employers can face legal trouble when they rely on these records to make hiring decisions. The EEOC investigates discrimination charges and may file lawsuits against employers that take adverse actions against employees or applicants based on the results of a background check. There are also strict laws in place that dictate what data can and cannot be used in a background check, and the failure to comply with these regulations may lead to civil and criminal penalties.
Aside from being a requirement for some regulated industries, fingerprint background checks are only sometimes the best option. They are less comprehensive than name-based background checks, often leading to inaccurate information.
Security
Many industries impose fingerprint background checks as a proactive measure to prevent crime in the workplace. Fingerprint background checks work by comparing an applicant’s prints to law enforcement databases. This can be done using ink and paper print comparisons or electronic scanning, also known as live scans. Regardless of the method, these tests are widely considered more secure than other screening tactics.
Unfortunately, fingerprint background checks aren’t infallible, even with the best technology. For example, fingerprint searches don’t always return information about arrests and may not indicate the final disposition of the case (i.e., conviction or dismissal). That’s one of the reasons employers should not rely solely on this type of test to screen for criminal history.
Additionally, fingerprint-based searches are conducted through the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) database, which is notoriously prone to error. The IAFIS database doesn’t include all records, and state and county authorities tend to be “extremely irregular” in reporting fingerprints to the FBI, as a recent study from PBSA reported. The IAFIS system also needs to be more accurate and complete, a problem that creates legal risk for companies that rely on it to make hiring decisions. In contrast, name-based searches are much more accurate and complete, allowing them to be used by employers to minimize the risks associated with bad hires, including lost customers, workplace violence, negligent hiring lawsuits, data breaches, embezzlement, and high turnover.
Fraud Prevention
Fingerprint checks typically involve comparing an applicant’s fingerprints against federal records. That can reveal much information, including past and pending charges, misdemeanor or felony convictions, and arrest details. However, some significant limitations to these types of background checks make them appropriate in far fewer contexts than you might think.
The first limitation is that fingerprint records are tied directly to arrests. This makes it easy for a background check to turn up an arrest without a conviction. It also means that you could miss important details, such as the case status if a person was acquitted or had a charge dismissed.
Another big issue is that local and state agencies tend to be inconsistent in their record-keeping, making it difficult for the FBI’s vast database to reflect criminal records accurately. The FBI can only search for records if an individual’s fingerprints are recorded in the first place, which is only sometimes the case.
Despite these drawbacks, many industries require or recommend that employees be fingerprinted. They include law enforcement, government agencies, financial services, medical and healthcare, real estate, transportation, construction industry licensing, education, and firearm permit holders. For these industries, it’s important to conduct a thorough background check so that you know who you’re working with.
Employee Satisfaction
Some job roles require a level of trust that’s only possible with fingerprint background checks. These include positions that come into contact with vulnerable individuals, like children or older people. A felony conviction on an applicant’s record could prevent them from getting hired for these positions.
Additionally, fingerprint background checks verify an individual’s identity. This is an important part of the screening process as it ensures that an employer only makes hiring decisions based on accurate, legally reportable data. This is an especially useful feature because today’s world is fast-moving, highly globalized. It’s easy for applicants to falsify information like past employment, educational degrees, and professional licenses.
There are also cases where an organization can be liable for negligent hiring if they don’t conduct proper criminal background checks on new hires. It’s essential to partner with a CRA committed to running FCRA-compliant reports. These reports can reduce liability risk and costs for the organization and its staff.
