Understanding Criminal Record Sources

One database housing every available criminal record across the country does not exist, no matter what someone might claim otherwise.

The FBI’s National Criminal Information Center (NCIC) database, confirming a record match with fingerprints, is ONLY available to law enforcement agencies and private industries authorized by law (childcare, financial institutions, healthcare). FBI records are NOT available to the public. Unauthorized use is a felony. Even the NCIC database does not house every criminal record available across the country.

So what criminal records are available to you? Primarily records from the following nationwide databases, marketed under different names but providing the same criminal record information, and individual countywide and statewide record checks performed onsite by a court clerk.

Criminal Record Nationwide Databases

1. Nationwide Criminal History, National Criminal Record Check, or some other name variation – a nationwide criminal database of millions of records from the thousands of counties, states, sex offender registries, and other departments and agencies that report to it. Includes felonies, misdemeanors, infractions, inclusion on a sex offender registry and why, and can include arrests and warrants.
2. US Department of Justice Nationwide Sex Offender Public Website (NSOPW) – a nationwide database made up of the sex offender registries of all 50 states, DC, US Territories, and Indian Tribes/Nations but it is not part of any other database as it is not available as an application programming interface (API). It is free and can be searched by name only. Each state also has its own free access to its individual sex offender registry database. Shows inclusion on a sex offender registry and why.
3. National & International Prohibited Party/Terrorist Lists, OFAC, Global Watchlist, or some other name variation – a national and international database of records from many different government agencies and watchlists of individuals who are in violation of the Patriot Act – known terrorists, fugitives, most wanted, money launderers, drug and human traffickers, and those sanctioned, debarred, prohibited from operating in certain industries, such as healthcare and finance.
4. Federal Criminal Record Check, Federal Criminal History, or some other name variation – a database from all 94 US federal district records of criminal records that occur on federal property, cross state lines, and violate federal laws such as tax evasion, fraud, embezzlement, mail and wire fraud, immigration law violations, postal offenses, interstate drug and human trafficking, kidnapping, and arms violations.
5. Nationwide Incarceration Record Check, Real Time Incarceration Records, or some other name variation – a real-time database search of millions of records from jails and other incarceration facilities that report to it – includes days incarcerated, where, when, charges, release date, release reason, and more.

ESS combines Nos. 1, 2, and 3 above to offer the US Nationwide Criminal History Check, and Nos. 1 and 3 above to offer the Instant Criminal Record Check

 

US Nationwide Criminal History Check

Benefits:

• Nationwide Coverage (including Sex Offender History)
• Low Cost
• Same Day Results (within 1-3 business hours)
• ESS Investigator ensures likelihood records found belong to your subject prior to you receiving the report
• ESS Investigator ensures the completion of missing dispositions or dates prior to you receiving the report
• Includes the US Department of Justice Nationwide Sex Offender Public Website (NSOPW) and National & International Prohibited Party/Terrorist Lists (OFAC) Inclusion Checks
• Included in All ESS Cost Saving Packages

A great choice to quickly cast a very wide, inexpensive net to screen anyone for criminal activity

Limitations:

• Not all county and state jurisdictions report to the database
• Some report but have redacted identifying record criteria – dates of birth, SSNs, addresses – making confirming a match difficult
• Some report varying degrees of information – a missing disposition or date requiring more research to determine ultimate court or record finding
• Some jurisdictions update records infrequently

 

Instant Criminal Record Check

Benefits:

• Nationwide Coverage (including Sex Offender History)
• Includes the National & International Prohibited Party/Terrorist Lists (OFAC) Inclusion Check
• The Most Coverage for The Lowest Price, particularly with Prepaid Volume Discounts
• Instant Results

Another great choice to instantly cast a very wide, inexpensive net to screen anyone for criminal activity

Limitations:

• Not all county and state jurisdictions report to the database    
• Some report but have redacted identifying record criteria – dates of birth, SSNs, addresses – making confirming a match difficult
• Some report varying degrees of information – a missing disposition or date requiring further investigation and perhaps cost to determine ultimate court or record finding
• Some jurisdictions update records infrequently
• No ESS investigator to ensure likelihood records found belong to your subject prior to you receiving the report since the search is instant
• No ESS investigator to ensure missing dispositions or dates prior to you receiving the report since the search is instant
• The US Department of Justice Nationwide Sex Offender Public Website (NSPOW) search is not automatically included because the Justice Department does not make it available as an API (application programming interface).

 

Remedy for Limitations of the Instant Criminal Record Check Sex Offender History Part of the Search: For maximum due diligence of possible sex offender registry records if you perform the Instant Criminal Record Check also perform the free search by name only of the US Department of Justice National Sex Offender Public Website (NSOPW) to account for any sex offender records excluded because a jurisdiction redacted dates of birth from its records. For all other ESS criminal record screenings, ESS performs this search for you.

Remedy for Limitations of the Instant Criminal Record Check and US Nationwide Criminal History Check: For maximum due diligence of your subject’s criminal record history, also perform an onsite, court clerk-assisted record check of the county or counties where your subject has lived for the last 7 years – the ESS US Countywide Criminal Record Check (one county - 7 years back)* – as it will yield the most complete, updated records of that county or counties, and account for any jurisdictions that either do not report to the database, or do, but have redacted dates of birth and other identifying criteria. This search can take on average 1-2 business days or longer to complete, and it can get pricey depending on how many counties you might need to search and the fact that some counties might require an additional surcharge.

 

ESS calls No. 4 above the US Federal Nationwide Criminal Record Check

US Federal Nationwide Criminal Record Check

Benefits:

• Nationwide Coverage – all 94 federal districts
• Same Day Results (within 1-3 business hours)
• ESS Investigator ensures likelihood records found belong to your subject prior to you receiving the report
• Included in Most ESS Cost-Saving Packages

 

Limitations:

• A Name Only search
• Potential records found might require more research to confirm a match

 

ESS calls No. 5 above the US Nationwide Incarceration Record Check

US Nationwide Incarceration Record Check

Benefits:

• Nationwide Coverage
• Same Day Results (within 1-3 business hours)
• ESS Investigator ensures likelihood records found belong to your subject prior to you receiving the report
• Included in ALL ESS Cost-Saving Packages
• An Instant version of this search – the Instant Incarceration Record Check  – is also available but since this report is instant no ESS Investigator ensures the likelihood records found belong to your subject prior to you receiving the report

 

Limitations:

• Not all jails/incarceration facilities report to the database
• A Name/Year of Birth search only
• Potential records found might require more research to confirm a match

 

ESS includes ALL 5 of these nationwide criminal database searches in ALL Employment/Volunteer Screening Cost-Saving Packages, and MOST Tenant/Buyer Screening Cost-Saving Packages.

 

Countywide Criminal Record Checks

A countywide criminal record check goes by many names as well but no matter the name these records go back 7 years and are based on your subject’s primary county of residence for the last 7 years.

ESS calls this search the US Countywide Criminal Record Check (one county - 7 years back)*

Benefits:

• The most accurate and complete criminal record information. Performed onsite at a county court by an individual clerk physically checking for the most up-to-date records.
• Included in MOST ESS Employment/Volunteer Cost-Saving Packages

 

Limitations:

• Can take on average 1-2 business days or longer to complete
• Is conducted in a subject’s primary county of residence going 7 years back. If your subject has lived in several counties within the last 7 years, for maximum due diligence it can get pricey
• *County costs vary. Some require a surcharge

 

Statewide Criminal Record Checks

An onsite statewide clerk-assisted criminal record check also goes by many names but no matter the name these records also go back 7 years and are based on your subject’s primary state of residence for the last 7 years. Records come from your selected state’s criminal record repository – Department of Corrections, Department of Rehabilitation, Department of Public Safety, Department of Justice, Division of Criminal Justice, State Highway Patrol Department, State Bureau of Investigation, and the like.

ESS calls this search the US Statewide Criminal Record Check (one state – 7 years back)*. If you require this search, please email help@empscreening.com or call (561) 533-0488 to discuss pricing as state prices vary widely and can change without notice.

Benefits:

• Might find additional criminal records in a subject’s state, outside of their home county
• Some states like New York include criminal record reports from all its counties by law

 

Limitations:

• Some states do not include criminal record reports from all its counties, such as California.
• Statewide Criminal searches are expensive. You can do a comprehensive criminal record check/screening with a search of all the other criminal record sources at a much lower cost.
• Some states require a special release/consent form to initiate a search. Illinois requires a fingerprint card for processing.
• Can take on average 1-2 business days or longer to complete
• *State costs vary widely

 

When performing a tenant/buyer or employment/volunteer screening, no matter what search you choose please consult the Fair Credit Reporting Act (FCRA) and any local, state, federal, and international laws, and regulations to ensure compliance. The goal of any screening is to cast as wide, realistic, and affordable a net as you can for your particular purpose with the realization that some records might be missed and the understanding that no records found does not mean with 100% certainty records do not exist.

Please email help@empscreening.com or call (561) 533-0488 if you have any questions about any of the criminal record sources in your report.

Thank you for choosing ESS!