Missing Convictions, Why Database Searches are not Foolproof

It is always interesting to discuss what people do for a living. How we all come together from different walks of life and how each of participates in making the world work in it's strange and unique way.

I love being among a group of people that are casual acquaintances. Inevitably, the subject of profession arises. Pre-employment background investigations always receives a raised eyebrow or two, and the "wink" and elbow jab - "Don't pull my information! You don't want to know!"

I tend to think these types of comments are usually joking, however, one night a casual acquaintance had several probing questions for me. Turns out he was able to obtain a job though he had a felony level conviction on his record. He was probing me to find out how that could have happened,

"It's been so hard finding work since it happened, I know they did a background check, but I didn't disclose the information! And they didn't find it!"

The company probably ran a criminal "Database" search. Database searches are inexpensive, making them a great pre-screening tool. But more and more, especially as the economy continues to struggle, companies are relying solely on these searches to weed out former criminals.

But obviously, they're not catching everybody. Lucky for a few of the unemployed. When I asked my acquaintance the nature of his crime? Felony level fraud: Identity Theft.

He is currently employed at your local bank.

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NM Job Seekers Don't Have to Disclose Criminal Records

New Mexico Governor, Bill Richardson, became the second governor to sign into law a prohibition on criminal records disclosure.

The new law prohibits employment applications for government agencies from asking job seekers if they have been convicted of a crime. The measure covers job applications for state, county, or local government. Private businesses are not covered.

Employers may ask the question once they're face-to-face with applicants and they are still allowed to complete background checks on the candidates.

Minnesota passed a similar law in 2009. Both states took the measure to deter undue discrimination against those with a criminal past.

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Felons Behind the Scenes

Teamsters have long been involved with organized crime. The truck drivers for major Hollywood films have been working toward cleaning up their tarnished image, but they don't seem to be making much headway.

Teamsters Local 25 in Boston was found to allow career felons in their ranks, including murderers, bank robbers, drunken drivers, an armoured car thief, and an accused rapist to work on the set of a recent Bruce Willis movie filmed in Boston. Local 25 president, Sean O'Brian said there have been "no incidents" since he became president in 2006.

He goes on to say that to remove a felon from the movie set would be considered an unfair labor practice. The local does not run background checks.

The Massachusetts Film Office executive director, Nick Paleologos said that he has received "no complaints" and that he doesn't know what O'Brian is doing over there, "but whatever he's doing, it's working."

Not exactly the most stringent safety procedure. Companies run criminal background checks to protect themselves and their clients from future fall out. Many criminals are repeat offenders. To so blatantly allow criminals to work indicates a disregard for safety, however, it is known that Connecticut believes in allowing criminals to pay their debt to society and provide them with the right to work. Perhaps Boston will be following in their footsteps.

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Air Marshals Lack Proper Background Checks, Endager Lives

In a recent survey conducted on the Air Marshals of the US, many discrepancies in the background of the marshals were found. After 9/11, the US Air Marshal force was increased by thousands (though the exact number of marshals is classified) in an attempt to protect and reassure passengers on commercial flights.

The Federal Air Marshal Service is an elite group of agents, charged with making split-second decisions; they hold the lives of innocent passengers in their hands. It is proper that they should be investigated thoroughly, and it is true that they are required to undergo many stages of vetting before being allowed to serve. The marshals can't serve if convicted of a federal crime, leaving room for misdemeanors, such as DUI though TSA policies state that employees who drive drunk "demonstrate a disregard of TSA's mission." 84% of American citizens interviewed felt that a drunk driving conviction should bar the marshal from service.

Crimes committed by marshals while in service are on the rise. Only a fraction have been charged, but the seriousness of the crimes are astonishing. Air Marshals have:

• Taken bribes
• Been found sleeping on planes
• Pulled a gun during a parking dispute
• Left a gun in the airplane lavatory, to have it found by a teenager
• Hired a hit-man to kill his wife
• Smuggled drugs using high security clearance
• Committed bank fraud
• Hired a female escort and held her hostage using his handcuffs and gun
• Smuggled weapons from Afghanistan

The federal agency had better step up their hiring procedure, lives are state, security is at stake. But the agency has actually loosened it's hiring standards in recent years:

• Recruits no longer have to pass the confined space firearms test that determines accuracy in a space the size of an airplane
• They no longer have to pass the written psychological exam, or the oral interview with a psychologist
• Recruits no longer have to have law enforcement experience. The agency began hiring TSA screeners in 2005

The marshals themselves are getting fed up with the lack of standards and the potential smear on the agencies reputation. The female escort who was held hostage summed it up best by saying, the outcome was "horrific" and that the public should be scared, "He's the only one on an airplane with a freakin' weapon, and he's supposed to have it to be protecting us."

USA Today Article

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Norwich, CT Gives Convicts a Chance

City Council members of Norwich, Connecticut are hearing from advocates wanting change in the application process for city employees. The group: Think Outside the Box, advocates delaying a criminal background check until the applicants qualifications have been determined. They want ex-criminals to have a fair judgement of their skills before having to check the box that states they have been convicted of a crime.

Employment is one of the the biggest limitations facing convicted criminals after they are released from prison. The advocates stress that it is not about trying to put sex offenders where they don't belong, but about trying to help people get back on their feet after being released from their punishment. Cities in New England are considering the change, and Boston has begun implementation of the new policy.

Once the applicant passes through the job qualification procedure, they will have to admit to their crimes, and are expected to speak frankly on the matter. It will be up to the hiring manager to make the final decision and they are granted full prudence on the decision-making process.

The procedure change is good, in a way, because criminals who have served their time are considered to be "rehabilitated." However, most people arrested for criminal offenses have prior arrest records and records in more than one state. (Federal Bureau of Investigation). Taking a chance on criminals by providing them a job might give them enough reason to stay off the streets and out of the life of crime. The fall-out from this program could be impressive, or it could work. I know I'll be waiting to see how it pans out.

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