An Introduction to Continuous Criminal Record Checks
August 13 2024
Did you know that 10 million arrests are made in the United States each year? Are you certain that none of your current employees are one of those 10 million? Continuous criminal monitoring is your solution.
Amount awarded in a negligent hiring case over a suspended license (Leaders)
87%
of workers hoping that their future job prioritizes transparency (Slack)
In a modern work environment, maintaining safety, trust, and compliance is more critical than ever. Imagine being able to monitor employee safety in real time, ensuring a secure workplace every day. This is where continuous criminal monitoring steps in. It offers HR and security professionals a powerful tool to keep their organizations secure and compliant.
A continuous criminal record check provides real-time updates on criminal activity, allowing organizations to take immediate action if necessary. These employee background checks are a deep background check designed to keep your workforce safe. Let’s delve into the world of continuous criminal record searches. We’ll explore what it is, why it’s useful, how it works, and the benefits it offers beyond safety.
What is a Continuous Criminal Record Check?
Picture this: the traditional employee background check process is like a snapshot – a frozen moment in time. It uses criminal background check software to tell you if an employee had a clean slate the moment they were hired. But what happens next?
A continuous criminal record check, or criminal monitoring, is like a full-time security camera trained on your employees’ criminal history record. It keeps track of any criminal activity involving your employees, providing real-time updates. This dynamic approach ensures you’re always in the loop, protecting your organization from potential risks.
You may have heard it referred to as workforce monitoring, arrest monitoring, criminal records monitoring, or something similar. Criminal monitoring provides near-real-time alerts about new criminal activity within your workforce. It’s one of the most important screening services for a modern background check program.
Why a Continuous Criminal Record Check is a Game-Changer for Employee Background Checks
Proactive Safety Measures
Traditional employee background checks are often one-and-done. But what if something happens after the hire date? A continuous criminal record check allows you to stay ahead of potential threats, ensuring that any new criminal activity is swiftly brought to your attention. It’s like having a safety net that catches issues before they become crises.
Navigating the Legal Maze
When laws and regulations vary by state and city, staying compliant can feel like navigating a labyrinth without a map. The right criminal monitoring product has built-in compliance protocols, ensuring you have access to actionable data.
Fair Chance Hiring Made Easy
Everyone deserves a second chance, and criminal monitoring supports fair chance hiring by focusing on current behavior rather than past mistakes. It allows you to give ex-offenders a fair shot… while keeping tabs on their conduct post-hire. This approach fosters a more inclusive workplace without compromising safety.
Want more background screening info? Dive into SSN Trace 101 to learn about the building blocks of a strong background check.
A Deep Background Check: How Criminal Monitoring Works
Implementing criminal monitoring is straightforward, and it can be integrated smoothly into your existing HR processes. Here’s how it works:
Enrollment
During onboarding, HR enrolls employees in the continuous criminal record check program. Note that certain jurisdictions may require fresh consent. This is the first step in ensuring a transparent and legally compliant monitoring process.
Data Matching
The system continuously scans nationwide databases, including court records, driving records, and more. It’s like having a detective on your team, always looking for any red flags.
Instant Alerts
Depending on your company’s preferences, the system can send immediate alerts when new criminal information is detected or verify the information before notifying you. This ensures you’re informed of any potential issues without unnecessary noise.
Actionable Insights
Once an alert is triggered, reports are generated, helping you make informed decisions. Whether it’s supporting rehabilitation with employee assistance or taking disciplinary action, you’ll have all the information you need at your fingertips.
I have experienced how this practice can protect a company’s reputation and assets. One of our clients in the financial sector implemented ongoing screening and uncovered that an employee had recently been implicated in financial misconduct in another state. This timely discovery allowed the company to take the necessary actions before any damage could be inflicted on its operations.
— Amit Doshi
Founder & CEO, MyTurn
Criminal Monitoring 101: How to Proactively Approach Employee Safety & Security
%
of employers have lost negligent hiring cases
Pro tip: For a truly deep background check, pair criminal monitoring with social media background checks.
Actionable Criminal Record Check Information Reported to You
At InfoMart, a new arrest triggers an alert in our system. We then follow the next steps you chose at the start of your program. We offer our clients a broad selections of options to customize their program.
Arrest Alerts
One of our criminal department experts reviews the information to ensure nothing is missing. From there, a QA analyst performs a secondary review. The background check results are then sent to you as a completed consumer report. This level provides the information you are looking for in the fastest amount of time.
Verified Alerts
We follow the same procedure as the near-real-time-alert level, except instead of sending the report immediately to you, InfoMart’s experts contact the booking agency and confirm the criminal record check information. This level is perfect for companies wanting an extra layer of confirmation before receiving the consumer report.
Court Tracked Alerts
Rather than reporting the information to you immediately, our team monitors the arrest for several weeks to see if it becomes a court case. If it does, the information is reported to you.
No matter which account setting you choose, you will receive a completed consumer report. As an added benefit, users have the ability to move a booking event to a higher level of tracking if they would like to receive more information. For example, if you’re currently receiving arrest alerts but want more information about a specific booking event, you can escalate to the verified alerts or court tracked levels.
It is important to note that there are certain states and jurisdictions that do not allow the use of raw arrest information. For an added layer of compliance to your continuous criminal record check program, any booking events that occur in those states will automatically be moved to the court tracked alerts level to remain compliant, at no additional cost to you. These jurisdictions include but are not limited to: California, Georgia, Illinois, and Massachusetts.
Keep Reading: Why You Need Post-Hire Background Checks
The importance of post-hire employee screening lies in its ability to support a legal defense for employers. By conducting regular background checks, companies can prove that they are diligent in maintaining a secure and compliant workforce. This continuous monitoring can serve as crucial evidence in legal disputes, showing that the company has consistently upheld its responsibilities. This practice not only mitigates legal risks but also reinforces the company’s commitment to integrity and safety.
— Jonathan Feniak, General Counsel, LLC Attorney
Compliance isn’t just about ticking boxes; it’s about protecting your organization and its people. With criminal monitoring, you’re not just getting updates on criminal activity; you’re also getting peace of mind that everything is handled within legal bounds.
From California’s strict privacy laws to more lenient regulations in other states, criminal monitoring ensures that all data handling is compliant. This includes adhering to laws that might require fresh consent or restrict the use of certain types of records.
InfoMart’s criminal monitoring systems are designed to provide only actionable data, respecting the legal boundaries of what can and cannot be considered in employment decisions. This way, you can focus on real issues without worrying about potential legal repercussions.
If you’re unsure how an employee’s arrest should factor into your post-hire employment decision, the EEOC’s Enforcement Guide is available to assist in the decision-making process. We always recommend consulting with your legal counsel.
Average negligent hiring settlement
The Case for Employee Monitoring: How It Supports Remote Work, Mental Health, & More
The Hidden Benefits of Continuous Criminal Record Searches
While safety and compliance are the primary benefits of criminal monitoring, there are other advantages that make it a must-have for modern HR or security teams:
Boosting Employee Morale
A safe workplace isn’t just a legal requirement. It’s a foundation for a positive company culture. WHen employees know their employer is actively monitoring and addressing safety issues, it fosters a sense of security and trust.
Cost-Effective Risk Management
Think of criminal monitoring as an investment in your company’s future. The costs associated with workplace incidents – theft, violence, fraud – can be astronomical. Criminal monitoring helps you proactively manage these issues, saving you potentially massive financial and reputational costs.
Promoting a Second-Chance Culture
By focusing on current behavior rather than past mistakes, criminal monitoring allows you to hire a more diverse and inclusive workforce. It’s about accepting people for who they are today, not judging them for who they used to be.
Workplace Trends Supported by Criminal Monitoring
In an era of evolving workplace trends and laws, adapting your background check services is crucial. Criminal monitoring stands out as a key component in modernizing these strategies, offering more than just safety. It supports fair chance hiring, helps manage remote work, promotes mental health support, and aids in corporate transparency.
With many employees working from home, criminal monitoring provides vital updates that help manage off-site workforce challenges, such as unreported absences due to arrests.
Rather than solely punishing employees for legal issues, criminal monitoring can help identify those in need of support, allowing companies to offer assistance and counseling.
By maintaining regular disclosures and clear communication, criminal monitoring helps companies uphold transparency, fostering trust among employees.
By staying informed about employees’ current legal issues, companies can better manage risks and support their workforce, ultimately contributing to a safer and more supportive work environment.
Keep reading: The Latest Technology for Drug Testing
Employee Background Checks Made Easy
Criminal monitoring offers a proactive solution to maintaining a safe, compliant, and inclusive workplace. It’s more than just a tool; it’s a strategy for building a resilient and trustworthy organization. Whether you’re looking to protect your employees, manage risk, or support fair chance hiring initiatives, criminal monitoring provides the real-time insights you need to make informed, confident decisions.
Even though background screening companies may have similar names for continuous criminal monitoring, the services can vary vastly. You want to make sure your screening provider has a robust platform capable of navigating the laws and regulations that vary by state and city, including built-in compliance protocols, and ensures you have access to actionable data.
Take the leap into proactive safety and compliance—embrace continuous criminal monitoring and build a workplace that’s secure, inclusive, and modern.
By regularly monitoring employees, employers emphasize the importance of maintaining adherence to the company’s code of conduct. Continuous screening builds a culture of accountability and transparency. Ensuring that employees consistently follow ethical guidelines strengthens the company’s reputation and fosters a trustworthy work environment.
FAQ: Your Criminal Monitoring Questions Answered
How does continuous criminal monitoring differ from an annual employee background check?
Annual background checks are like a yearly health check-up — they give you a once-a-year update. Criminal monitoring, however, is like wearing a fitness tracker that monitors your health daily. It provides real-time alerts, ensuring that no new issues slip through the cracks. It’s a deep background check, all year round.
How does continuous criminal monitoring work?
Our system will continuously match your employees against nationwide arrest information. If one of your employees is arrested, it will trigger an alert in InfoMart’s system. We will then follow your protocols, decided at the account set-up stage. We will either:
- Send the arrest alert to you
- Call the arresting agency to confirm the information and then send the arrest alert to you
- Track the arrest until it becomes a court case and then deliver that information to you
Can we use criminal monitoring alerts in making employment decisions?
Yes, but with policies in place. It’s crucial to have a clear policy and legal guidance on how to use this information. Criminal monitoring alerts can inform decisions, but they should be used in compliance with all applicable laws and regulations.
Is continuous criminal monitoring intrusive?
Not if done correctly. Criminal monitoring respects privacy and legal standards. It only monitors publicly available information and complies with laws regarding consent and notification. It’s about safety, not surveillance.
How does pricing work?
At InfoMart, criminal monitoring is a monthly subscription price, based on the number of individuals who are being monitored and the level of alert you’d like to receive. Mandatory fees are built into the monthly fee, so you’ll never be surprised by the cost.
When am I alerted to a new arrest?
We will help you customize this based on your needs. At account set up, you can choose which alert level works for you:
- Arrest Alerts: our analysts will pass arrest alerts on to your team immediately.
- Verified Alerts: we will call the arresting agency to confirm identifiers and relevant information before passing the alert to you.
Court Tracked Alerts: our team will follow the arrest notification to see if it becomes a court case. If it does, we will pass that information on to you.
How can I use continuous criminal monitoring to improve my fair chance hiring practices?
Criminal monitoring empowers companies to expand their hiring pools to include candidates with prior criminal histories. HR managers will receive an alert if new criminal behavior arises, so an unrelated arrest from 8 years prior isn’t an immediate disqualifier.
Is it safe to hire ex-offenders?
We encourage employers to talk to their legal counsel when changing their hiring policies. It’s important to note that criminal monitoring is a key tool to have available when opening hiring up to ex-offenders.
Unfortunately, the recidivism rate in the United States is high, with at least half of people released from prison being rearrested at some point. A 2023 analysis by the U.S. Department of Justice found that 82% of people released from state prisons were rearrested within 10 years. Factors that contribute to recidivism include lack of education, lack of housing and employment opportunities, substance use, lack of resources to aid in integration into the community, and more. The United States has one of the highest recidivism rates in the world, likely because the U.S. criminal justice system focuses on punishment.
Employers can be one of the forces that changes this narrative, though, by safely offering steady employment opportunities to ex-offenders.
About Tammy Cohen
Tammy Cohen, an industry pioneer and expert in identity and employment screening, founded InfoMart 30 years ago. Deemed the “Queen of Screen,” she’s been a force behind industry-leading innovations. She was most recently the first-to-market with a fully compliant sanctions search, as well as a suite of identity services that modernizes talent onboarding. Tammy revolutionized the screening industry when she stepped into the field, developing the first client-facing application and a due diligence criminal search that has since become standard for all background screening companies. Cohen has received national awards and honors for her business and civic involvement, including Atlanta Business Chronicle’s Top 25 Women-Owned Firms in Atlanta, Enterprising Women Magazine’s Enterprising Women of the Year award, the YWCA of Northwest Georgia’s Kathryn Woods Racial Justice Award, and a commendation in the 152nd Congressional Record.
About InfoMart
InfoMart has been revolutionizing the global background and identity screening industry for 30 years, providing businesses the information they need to make informed hiring decisions. They develop innovative technology that modernizes talent onboarding, including a first-to-market biometric identity authentication application and a verified sanctions search. The WBENC-certified company is a founding member of the Professional Background Screening Association, and they have achieved PBSA accreditation in recognition of their consistent business practices and commitment to compliance with the FCRA. The company is dedicated to customer service, speed, and accuracy, and it has been recognized for its success, workplace culture, and corporate citizenship with over 45 industry awards. To Get the Whole Story on InfoMart, please visit www.InfoMart-USA.com, follow @InfoMartUSA, or call (770) 984-2727.