Criminal Records Searches a Key Step in the Driver Screening Process

The Federal Motor Carrier Safety Administration (FMCSA) and Department of Transportation (DOT) require a number of employment-related background checks and safeguards from the transportation industry, but—with the exception of a few situations such as HazMat and port access—federal laws do not require criminal records searches on drivers. Given the cost of fulfilling basic background screening requirements, many trucking companies forego these searches. While understandable, this may be a "false economy" that ends up costing the company far more in lawsuits, lost customers, employee theft, and turnover than the original savings gained by omitting the criminal records check as an integral part of the pre-employment package.

No carrier wants a driver with an unknown criminal record. Some drivers with a criminal record may be suitable for hiring, but that is a decision that the carrier should make based on as much information as possible. This is especially critical for drivers who interact with the public, such as pickup and delivery drivers. A driver who steals from a loading dock or from a point of delivery can not only lose customers but also expose the company to lawsuits for negligent hiring or retention. In recent years, there has been more employment-related litigation than ever, and the courts have placed more and more responsibility on employers to investigate and monitor their employees.

Steven Spencer, HireRight's Senior Director of Transportation Sales, points out that Criminal Records checks are even more critical in the current slow economy. "Carriers need fewer drivers and have more time to hire," Steven explains, "so they hire and retain the top percentile of available drivers. This ‘top siding' across the industry means that the available drivers are more likely to have blemishes on their records."

HireRight offers several options for criminal records checks, which reveal a large percentage of conviction records while protecting the carrier from exposure to lawsuits alleging unfair hiring practices. "Along with required employment and drug and alcohol screening," Steven says, "we recommend that carriers check criminal records during the first and second stages of the hiring process. In Stage One, screening for basic criteria, we recommend a National Criminal Records Search, a Wanted Persons Security Screen and Terrorist Watch List Search, and a National Sex Offender Search. In Stage Two, expanded screening for those who pass Stage One screening, we recommend a Direct County Criminal Records Search."

HireRight's proprietary criminal records database contains more than 340 million conviction records with tens of thousands added each month. Our Widescreen product broadens the search to other databases including state and country criminal record repositories, state administrative offices of courts, state departments of corrections, sex offender registries, and other state agencies such as departments of public safety. Any positive "hits" from the Widescreen search are then re-verified from the original source to insure accuracy and compliance. When the requested search includes the applicant's full name and date of birth, a Wanted Persons Security Screen and Terrorist Watch List Search is included at no extra cost.

"WideScreen is an excellent, cost-effective way to conduct a National Criminal Search," Steven points out. "To search all 3,200 U.S. counties would cost about $78,000 in county fees alone—obviously out of the question. Widescreen captures as much data as possible from available databases and then re-verifies them from the original source. This is a comprehensive national search at a budget most carriers can afford."

Steven emphasizes that a federal search is not a national search. "Some screening providers confuse these terms. A federal search will only return records for federal crimes such as tax evasion, fraud, embezzlement, and drug trafficking. We offer a federal search to screen high-level employees who have access to company financial records and other sensitive information, but it's not appropriate for drivers."

After an applicant passes the national criminal search and the carrier continues to have interest in hiring him or her, the next step is to conduct a direct county search in one or more counties where the applicant is known to have lived. These direct searches provide the most up-to-date and accurate criminal records check available and often turn up records that are not in the national databases. HireRight employs a large network of researchers who physically go to country courthouses to check records in person. The customer can choose how many counties should be checked for each applicant.

For cost-effective efficiency, a Trac to Crim search uses the TRAC record (current and previous address information as reported to the credit bureaus) from the applicant's credit report to identify the appropriate counties to check for criminal records. Along with instant verification of an applicant's name, current address, and previous addresses, the TRAC report also compares the individual's social security number (SSN) with consumer credit files of nearly 200 million individuals and may provide further information such as other names used and state of issue for the SSN. These verifications help protect the carrier against applicant fraud.

"Our customers can have complete confidence that our criminal records products conform to all applicable privacy laws," Steven emphasizes. "Our large and experienced compliance group monitors present and future changes, and we adjust our products ahead of changing trends and regulatory requirements. When it comes to criminal records checks–as with all our employment screening products–HireRight stays on the cutting edge."

The HireRight Blog is provided for informational purposes only and should not be construed as legal advice. Any statutes or laws cited in this article should be read in their entirety. If you or your customers have questions concerning compliance and obligations under United States or International laws or regulations, we suggest that you address these directly with your legal department or outside counsel.

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