What is an Unreported Offense?

Verified First is committed to ensuring that our clients receive the most comprehensive and accurate background checks possible. A critical, yet often misunderstood, aspect of this process involves what we call "unreported offenses." These are incidents or criminal charges that, for various reasons, do not appear on a standard background check report. Understanding why these gaps occur is essential for any organization aiming to build a truly robust hiring and risk mitigation strategy.

What is an Unreported Offense?

An unreported offense refers to a criminal charge or conviction that exists but does not surface during a typical background check conducted through publicly available records. This isn't about malicious intent or a failure in the background check process itself; rather, it's about the inherent limitations and complexities of how criminal justice data is collected, maintained, and shared across different jurisdictions.

Common Reasons Unreported Offenses Occur:

The absence of an offense on a background check can be attributed to several factors, often stemming from the decentralized nature of our legal system:

1. Jurisdictional Limitations:

• Siloed Data: Criminal records are primarily maintained at the county level where the offense occurred. If an individual committed an offense in a county not included in the scope of the background check, that record simply won't appear. National databases exist, but they are often compilations of state and local data that may not be exhaustive or real-time.
• Interstate vs. Intrastate Checks: A check focused solely on a candidate's current state of residence might miss offenses committed in previous states where they lived or traveled.

2. Discrepancies in Data Entry and Reporting:

• Typographical Errors: Simple mistakes in names, dates of birth, or other identifying information at the point of data entry can make it difficult for an automated search to match a record to an individual.
• Inconsistent Reporting Practices: Not all courts or law enforcement agencies report data with the same frequency, detail, or to the same repositories. Some smaller jurisdictions may have less sophisticated systems, leading to delays or omissions in data dissemination.

3. Plea Bargains and Diversion Programs:

• Reduced or Dismissed Charges: Often, in exchange for a guilty plea or participation in a diversion program (e.g., anger management, drug counseling), original, more serious charges may be reduced or even dismissed. While the individual may have still engaged in concerning behavior, the final disposition on their record might appear less severe or be expunged after successful completion of a program. Verified First does not report charges that did not result in a conviction.
• Pre-Trial Intervention: Some programs allow first-time offenders to complete specific requirements, after which their charges are dropped without a formal conviction. These instances may not appear on a background check.

4. Record Sealing and Expungement:

• Legal Recourse: Under certain circumstances and after a specified period, individuals can petition the court to have their criminal records sealed or expunged. Once a record is sealed or expunged, it is legally removed from public access and will not appear on most background checks. This is often an option for juvenile offenses, minor infractions, or cases where the individual has demonstrated rehabilitation.

5. Pending Cases and Recent Arrests:

• Timing Gaps: There can be a delay between an arrest, the filing of charges, and the entry of that information into accessible databases. A background check conducted immediately after an arrest, but before the data is fully processed, may not reveal the incident.
• Ongoing Investigations: Records related to ongoing investigations may not be publicly available until charges are formally filed or a case is closed.

Mitigating the Risk of Unreported Offenses:

While it's impossible to guarantee 100% visibility into every past incident, organizations can significantly reduce their exposure to unreported offenses by:

• Broadening Search Scope: Opting for background checks that cover a wider range of counties and states, especially those where the candidate has lived, worked, or attended school.
• Utilizing Alias and Maiden Name Searches: Ensuring all known names used by the candidate are included in the search criteria.
• Considering a Multi-Faceted Approach: Combining criminal record checks with other screening tools like reference checks, professional license verifications, and even MVR checks (for driving records) to build a more complete picture.
• Understanding Limitations: Acknowledging that background checks are a snapshot in time and that no single tool can reveal every piece of an individual's history.

At Verified First, we leverage advanced technology and comprehensive search methodologies to cast the widest possible net for our clients. However, an informed understanding of "unreported offenses" empowers you to make more strategic decisions about your screening processes and ultimately, to build a safer and more secure workforce.

The information and opinions expressed are for educational purposes only and are based 
on current practice, industry related knowledge and business expertise. The information
provided shall not be construed as legal advice, express or implied. 

If you have any further questions, or need a product enabled on your account, 
please contact Verified First Client Services for assistance.

Call 844-709-2708 or email clientservices@verifiedfirst.com