Criminal data searches have come under a great deal of scrutiny lately, most often due to their inaccuracy and (sometimes) questionable quality. Employers wonder how criminal records can be missed, why specific infractions don’t turn up when they should, and more. There are answers to these questions; the most important thing to remember, though, is that criminal data searches are not perfect.

The biggest misconception is the belief that there is a searchable, national database of criminal data. There is not. Several states (Massachusetts and Louisiana among them) do not allow the sale of their criminal data. Some states don’t maintain records in bulk format, while others provide only department of correction data, meaning that searches are effectively limited to those who are (or have been) incarcerated in one of the reporting state’s facilities.

Human error can also lead to erroneous results. A mistyped letter or transposed date of birth—two mistakes that are easy to make—can yield a false positive, meaning the applicant shows up as having no criminal record.

If you think social security numbers offer a measure of security against these data entry errors, remember that names and dates of birth are typically the only searchable information. And in a few cases (Pennsylvania and New Jersey are just two examples), some criminal records may only contain a name and no date of birth.

To help alleviate concerns you may have regarding the validity of criminal data, make sure you use a legitimate provider of criminal data. In most cases, applicants will note the existence of criminal records on their applications. In these cases, if no records are returned by your search, contact your vendor and ask for additional research. Most vendors provide this service, and although it may cost a little extra, you’ll rest easy knowing that you’ve done your part to ensure a safe working environment.

Recently, the so-called ‘Ban the Box Legislation’ is picking up momentum all across the country. Massachusetts was one of the first states to enact a state-wide ban on this type of information gathering and now locally, the city of Philadelphia has passed its own version.

Basically, the legislation states that an employer may not ask if the applicant has a criminal history by placing a box on the application to be checked yes or no. Advocacy groups have fought long and hard to protect criminals who are attempting to enter society after a time of incarceration and hit a brick wall when they apply for a job and are required to disclose their criminal history on the application.

The employer can and should inquire into an applicant’s background once the initial interview is completed. After the interview is completed, the employer may deny the applicant employment based on the fact that there is a confirmed criminal history.

A significant point to make is that some employers who used the box on their application were using this as a form of rejection and never following through on investigating the applicant’s background. With this legislation, it would be strongly advised that a criminal history check along with the other parts of the background investigation be completed. And it is very important to know that all applicants must be treated the same so if a criminal background is performed on one applicant, it must be done on all applicants.

Failing to perform a background check on your applicant could cause your world to turn upside down. Take this case for example. A trucking company hires a driver who knowingly has a history of motor vehicle violations did not fully disclose this information on his job application. The company does not conduct a thorough background investigation and hires the applicant as a truck driver.

The truck driver collided with two vehicles sitting at a traffic light causing injuries to one driver. The driver sues the trucking company and comes out with $581,000 in damages from the lawsuit.

Lesson to be learned. Do a thorough background investigation on any job applicant to ensure you are hiring qualified and truthful people for your company. Even though this applicant omitted the fact he had multiple motor vehicle violations, a background check on the applicant that verified this information would have clearly shown his poor driving record. And for the mere fact he lied on his application would have been enough to deny this applicant employment.