Sunday, December 18, 2011

CBS Posts AP Report That Gets It Wrong About Background Checks

CBS got it wrong. That's after AP got it wrong.  Maybe There Ought To Be A Correction.

Regarding an artcle entitled, "AP IMPACT: When your criminal past isn't yours"
http://www.cbsnews.com/8301-501366_162-57344346/ap-impact-when-your-criminal-past-isnt-yours/

I'm  not sure who the source was, but the comment, "It hasn't helped that dozens of databases are now run by mom-and-pop businesses with limited resources to monitor the accuracy of the records," misses the point as well as BAD MOUTH hard working Americans in the background screening industry. Show me the proof.

LET"S LOOK AT THE ISSUE:

ALL records are kept in databases. The courts have one. The police have one.

What background checking company monitors the records of the original sources of records they acquire?

Why should they? Can't trust the government to keep the record straight?

Fact is,  when it came to criminal records from the courts, everyone, BIG GUYS, and SMALL FRIES bought from the same sources more times than you imagined.

They had a runner (researcher) that searched the databases at a particular court and sent back a report to the company with a clear or found criminal (case) record.

Most counties only had a few (if any) runner/researchers. They were all well known. They were used by almost everyone.

The background check companies regularly check (audit) the researchers. They audit their work by sending work to them (knowing what the criminal case record should be - unless it has been expunged) and comparing it to their known results.

And if a discrepancy is found in a subject's record, to this day, researcher's are asked to do further investigation and find perhaps gather additional identifying information.

But background check companies sending researchers KNOWN CASES of IDENTITY THEFT cases  or asking to IDENTIFY EXPUNGED CASES that aren't expunged from the records and asking researchers to sort that mess out?

NEVER.

Given there are improper USES of DATABASES, the Federal Government has made certain that we know that. It created the FCRA.

About a decade ago,  The National Association of Professional Background Screeners (NAPBS) was formed. http://www.napbs.com/

The NAPBS gives MOM and POP's the opportunity to share and get information from the same sources (including the FCRA) as the BIG GUYS.  And there are plenty of MOM and POP enterprises that are PAID members of the NAPBS.

As a sidebar, if it weren't for background checking companies, the issues of court clerical erors and identity theft might never have come up.  Go back more to the late 90's and the identity theft issue started in Ohio with an identity theft, a background checking company, a Sheriff's Association, and a lawsuit.

Meanwhile, the background checking industry always relied on the small MOM and POP to gather the criminal records they needed for their reports.
The internet changed a lot (but not all) of that with online access to court records.  Many small businesses were left without business as the 'big guys' dropped them faster than a hot potato preferring to do their own online searches instead of paying the few dollars per search that was the going rate at the time.

Then came scraping. This is not a new technology.  Research would show that the U.S. Court records (PACER) have been scraped for more than a decade by many companies. The use of scraping as a competitive edge by the BIG COMPANIES anxious to please their customers with faster service has made this product what it is today. Smaller MOM and POP's buy their scraping from the BIG GUYS.

Scraping actually utilizes the live data provided by the source ( in most cases, by a court).

The databases themselves are the problem.  There's errors in most all.

But it's the correction of inaccurate records where the lawsuits lie. The story even mentions a BIG LAWSUIT:

... "(A) settlement, which received tentative approval from a federal judge in Virginia last month, requires HireRight to pay $28.4 million to settle allegations that it didn't properly notify people about background checks and didn't properly respond to complaints about inaccurate files.

HIRERIGHT is by no means a SMALL MOM AND POP company.  Except maybe by comparing them to Microsoft or Wal-Mart.

I have to consider then as false the assessment that the problem discussed in the article is databases run by MOM and POPS.

I take offense at knocking the MOM and POPS of this country.

I read the article as a  'correction of error' problem and not a 'scraping or database' issue. 

Senastionalizing the story did not help protect the innocent person harmed by identity thieves or innacurate records kept at the originating source.

Let's look out for the MOM and POP  businesses. I know of one LARGE  pre-employment screening company that grew out of their garage. Maybe a software company, coffee company, and a newspaper or two had humble beginnings, too.






Monday, December 12, 2011

Let's Make Money

We're in business to make money.
Some of us have great ideas and would like to possibly share them.
I'll listen.  Maybe work with you.
I am very interested in bright new ideas from people of all walks of life.
Background checks, publishing, sports, promotions.
Those are a few areas that i am interested.

Steven Brownstein
1-670-256-7000
findcrime@aol.com

Saturday, December 10, 2011

Police Records, Court Records, Jail Records, Conviction Records, National Databases

Just a week ago I was sitting in a large court's administration office. 

The Administrator was scratching his head.

Dumb me, I asked why.

The Administrator was reviewing a resume for a court clerk's position and the applicant had attached a criminal record check result from a 'national database' provider.

Rule # 1. The power of advertising is much greater than the truth.

Not one jurisdiction this national database provided results from (can we call them results?) contained an ounce of information from where the applicant had been, ever was, never will be; like give me a break.

Rule #2. Be prepared to hear so much 'bull' that an open door to slip out of never looked so good.

Another thing you do want to do is debate a police officer, detective, cop, whatever on criminal records.

But here I am, the pot calling the kettle black.

The other day I found (rather, put) myself in the position of listening to a long winded argument that this cop knew how to check police databases here and there; that the state system was great, that they check everything, get everything.

OMG! I must have been doing background checks too long.

Never mind all the studies showing lack of records, arrestees slipping through , etc.

But just when I think I've heard everything here comes the U.S Government.

Recently, I'm working on an immigration case. No matter, that's not impotant.

What's important is that we think a little knowledge makes us experts.

Talk about arrogance! (maybe mine?)

This government official (actually a nice person) really did believe that she could check online to get the records they need to do a background check.

And that's what they do!

Sorry to inform you that this government official is the head of a District's immigration policy.

Worse, they might use this information against you or a friend someday.

Really, though, I have been proved wrong many times.

But, I listen and (hopefully) learn.

That is Rule #3. Keep an open mind. (probably Keep Your Mouth Shut should follow!)

The hardest thing I find to do is change.

After many years of repetitive work, it all becomes so routine.

But, someone someday will spring something new on me.

Always happens. Can't wait.

Call me an eternal optimist.

Happy Holidays.