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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Nurse Hides Murderous Criminal Past

When Nurse Charles Cullen admitted to killing 29 of his patients in Pennsylvania and New Jersey, you would think Pennsylvania authorities would get serious about screening procedures.

Just four years after Cullen's arrest, another murderous nurse slipped into the area's nursing ranks.

Joseph A. Mannino killed a friend by injecting a lethal dose of medicine into a system. He was convicted of involuntary manslaughter and was apparently attempting to treat his friend's headache.

After receiving his nursing degree, he began working at Lehigh Valley Hospital until authorities there fired him in 2008 after discovering "he had not revealed on his application for employment that he had been convicted of a felony in North Carolina."

Mannino told the nursing board he couldn't get a job due to the felony conviction, so he simply stopped revealing it "out of frustration."

According to the order that revoked Mannino's Pennsylvania nursing license, "when he applied to nursing school, a criminal background check failed to reveal his conviction in North Carolina and he testified that he then believed it was in the past and was no longer relevant."

The nursing school Mannino attending, St. Luke's, began doing national criminal background checks on all students in 2008, a year after Mannino graduated - at the top of his class.

Since 2001, St. Luke's checked criminal records through the state police, who only look for offenses in Pennsylvania. Only those students who had lived in Pennsylvania less than two years were checked at a national level.

Though Mannino was fired once knowledge of his criminal past came to light, there were no complaints against him, and there is nothing in his patient care records to raise any flags. "He was dismissed for lying on his application. His work here was satisfactory and we have no cause of concerns based on his work."

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Crimes Committed by Criminals

Each Wednesday, Liberty brings you Crimes Committed by Criminals, a new feature intended to highlight the most important reason to screen for criminals.

Most persons arrested for criminal offenses have prior arrest records, and many have arrest records in more than one state.

(Federal Bureau of Investigation)

Daniel Vincent - 16 bank robberies - 5 years in Federal Prison

Released from federal custody in April 2008, Vincent faces new robbery charges after a car chase ended in a crash outside Lexington, KY.

Lexington's First Federal Bank was robbed at 11:27am on Friday, November 6. The man, dressed in black, implied he had a gun, collected money, and fled the scene in a black SUV exceeding 80mph before crashing. Vincent is being held on first degree robbery charges in Kentucky.

Vincent pled guilty to robbing 16 banks in a 20 month spree in November 2003. He took over $53,000 from the banks.

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Why do Background Checks?

There was a murderer in a Florida middle school for 3 years, undetected.

Curtis McRae, a 59-year-old school custodian, never tried to hide that he'd served about 15 years behind bars for killing a liquor store manager in the 1970s in a $100 robbery gone wrong. He wrote it on his school district application.

Under Florida law, McRae should have never been hired, but a recent investigation showed that he had inside help, someone pulling strings for him.

Jacqueline Clervan-Harrell "basically circumvented the process for him to come on board," said Darron Davis, Chief of Human Resources. She was also listed as a reference on his application.

Once discovered, McRae was found to have an extensive record, including the murder charges as well as a rape charge. His extensive criminal history ends with a final arrest in 1999.

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Driving Records Reveal Bad Track Record

Most people feel their driving record is not a major reflection of their character, but motor vehicle reports can be just as important and as effective as running a criminal background check.
That's what Andrew Seekings has discovered after facing nearly a dozen traffic violations when he hopped on his motorcycle in a local neighborhood and travelled at speeds close to 140 MPH with cocaine in his pocket. He is charged with possession of a controlled substance, reckless driving, driving on a revoked license, driving an uninsured motor vehicle, two counts of speeding and five other traffic offenses after the high-speed drive early Thursday evening through parts of his hometown.

The cocaine charge will be a felony offense, but the other charges are considered traffic violations. Only an MVR report could reveal the dangerous character behind this man's criminal record.

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NY State Law Hides Criminal Records from Potential Employees

Convicted felons in New York now have the right to conceal their criminal records from potential employees, including school districts, day-care centers and nursing homes. Eligible convictions include drug sale and possession charges, as well as burglary and grand larceny charges.

Young offenders in the state of New York already have protection by being able to apply for the youthful offender status to have their records sealed. Many employers are upset that the new law hides even more criminal information from them.

Superintendent Michael Shea said he had not heard of the provision,"it seems there was very little, if any, public discussion about this."

Sen. James L. Seward, R-Oneonta, and Sen. John Bonacic, R-Mount Hope, are co-sponsoring legislation to repeal the provision, which Bonacic dubs the "Drug Dealers Protection Act" in a media release.

"This change defies all common sense because it would effectively wipe the slate clean for drug dealers who undergo criminal background checks when seeking employment in certain positions," Seward said last week. "This means convicted drug dealers could be taking care of children at a day-care center or as a nanny, teaching at a school, or working at a nursing home or some other position of trust."


Gov. David Paterson, a Democrat, has defended the provision, as has Democratic Assembly Leader Sheldon Silver. Democrats have also controlled the Senate this year, but a vote Monday switched the Senate to GOP control through a coalition with two New York City Democrats.

Lopez, Seward and Bonacic said the measure is a result of a state budget process held behind closed doors.

"The changes to New York's drug laws were rushed through as part of the state's secret budget process," Bonacic said in the release. "The New York City Democrats who controlled the budget process claimed to be thrilled with these changes, and now we see the results. Secret negotiations combined with a soft-on-crime attitude have left New York with a dangerous public policy we must stop."


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Making Cash off Criminals

One way to make some fast cash during an economic slump: turn in felony criminals!

Crime stoppers has long been known as an organization that offers cash rewards for tips that lead to an arrest or grand jury indictment for felony crimes. In a typical year they receive just over 400 tips that lead to such an arrest or conviction for Crime Stoppers of Ouachita, LA.

Record numbers of tips received in 2008 totalled 578, up 31% and a record high since 2000. Coordinator Jeff Gilbert attributes the rise in legitimate tips to the economic slump. More and more people are willing to give up those they know have comitted crimes so they can pay their rent.

Crime Stoppers, in operation in Ouachita Parish since 1984, gives rewards of up to $2,000 for tips that lead to an arrest or grand jury indictment for any felony crime. Crime Stoppers informants will not be asked to leave their names, will never go to court and all information remains confidential.

Gilbert said a tip that leads to an arrest on a failure to appear warrant could get a $100 reward, while a tip in a homicide case could merit a $2,000 tip.

"I think people are more aware of the organization, and we have done a good job of publicizing it," said Darlene Cusanza, executive director of Crime Stoppers of Greater New Orleans and president of the Louisiana Crime Stoppers Association.

"With the economy the way it is, we certainly expect an increase in tips this year," she said.


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