Listed below is a PowerPoint presentation outlining the reasons and processes for criminal screening in the workplace:

• Why Should Your Company Conduct Background Checks on Employees (.ppt)

What is found on a criminal record search?

Crime is defined as a violation of a local, state, or federal penal code. Crime is what ever is defined by law as illegal. In order for an act to be criminal, there must be a law against the action which defines the crime, the law prohibits the act, and prescribes a penalty for violating the prohibition. (Samaha, pg. 9)

All crime is considered to have an element of harm. The harm can be spitting on the street to murder. The harm is a requirement of criminal liability and must be proved "beyond a reasonable doubt". (Samaha pg. 20)

Crime is classified into felonies and misdemeanors. Local crimes, often misdemeanors are called ordinance violations. Graded from most to least serious, crimes are usually separated into capital and non-capital felonies, gross and petty misdemeanors, and violations. The basic difference between a felony and misdemeanor is in the penalties. Felony conviction generally carries possible sentence to prison for at least a year, with maximums up to life. Capital felonies are those for which the death penalty is authorized. Practically the only capital felony remaining in America is murder. (Samaha pg. 25)

Misdemeanors are punishable by jail sentences, fines, or both. Gross Misdemeanors typically carry penalties closer to one-year maximums; ordinarily misdemeanors are punishable in the ninety-day range and petty misdemeanors up to thirty days.

Violations, generally traffic violations, are not considered criminal convictions and are penalized by fine alone.

Types of Criminal Record Searches

County Criminal - Carolina Investigative Research can provide criminal record checks on the county level in all counties of the United States and in the provinces of Canada. The records are searched in the county courthouses. Carolina Investigative Research will provide felony record searches and often misdemeanors in one search. Some jurisdictions hear felonies and misdemeanors in separate courthouses. In these jurisdictions, a felony and a misdemeanor search must be requested for a complete record search.

Statewide Searches-Records of the state repository for criminal records. The repository is often the State Police. It can also be a search of all county courts in the statewide court system. Police or law enforcement searches are often not as thorough or available as courthouse searches.  State Police checks may only include records by fingerprint and limited in the number of cases. The records may only be felony records, often only provide arrest information and are limited to what is reported to the agency.  Statewide Courthouse searches are the most thorough.

Federal Searches-Search of the Federal Courts for felony and misdemeanor records where the Federal Courts have jurisdication. For more information, please see our section on federal records

International Searches-Criminal Record searches from overseas. Carolina Investigative Research will only provide international searches if they are available from an official governament source and if the search is legal. Carolina Investigaive Research is listed as complying with Safe Harbor. See Safe Harbor

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National Criminal Database-A search of a proprietary database consisting of incarceration records, probation records, sex offenders and some limited county courts.

Here is the Federal Trade Commissions opinion regarding use of databases to conduct employment background reports.

Opinion from FTC regarding use of databases in employment or tenant screening