1. Criminal Background Checks The National Perspective

2. Topics to Be Covered  Background Checks: Considerations and Types  Reforming the System: MENTOR’s Efforts  What’s Next: The Future of Background Checks

3. Background Checks Considerations and Types

4. What Should I Know about Background Checks?  Each state sets its own laws on background checks. The result? –Thorough background checks are not accessible in some states –Costs and response times vary greatly from state to state –There is no consistency on eligibility, procedures, etc.  The “perfect” check: there is no single database in this country with 100% of all criminal records

5. Terms: Fingerprint-based vs. Name-based  A name-based check uses a volunteer’s name/SSN to find possible criminal records. This has risks: –Individuals can give you a false name to hide a criminal past. Over 1% of the 45 million individuals on file in the FBI database have used over 100 aliases and fake SSNs. –You could get a “false positive” – the volunteer seems to have a criminal record, but it is really another person with the same name.  A fingerprint-based check is the only way to verify an individual’s identity. Fingerprints cannot be falsified.

6. Terms: Convictions vs. Arrests  Criminal record databases often include “open arrests” –The criminal record was not updated to indicate what happened after the arrest (convicted, found not guilty, charges were dropped, etc)  Some types of background checks only access convictions –Open arrests are not included –Can result in an “all-clear” on an individual with an arrest record

7. Terms: Rap Sheet vs. Fitness Determination  Rap sheet: a print-out of crimes found  Fitness determination: –A third party examines rap sheet for “barrier crimes” –The program receives notice of whether or not barrier crimes are present, but not the rap sheet  Pros and cons to each –Rap sheets are difficult to interpret, so fitness determinations are easier to use –Rap sheets provide the most “context” for criminal records –Fitness determinations better protect the privacy of your volunteer

8. Types of Background Checks  There are several kinds of background checks. Not all are accessible in every state. –County/local check –State check –Private vendor check –FBI check  Every program must decide what type of background check works best for them.

9. County and State Background Checks  Obtained through local police department or state agency  Can be name-based or fingerprint-based depending on state or jurisdiction  Includes only crimes committed within that county/jurisdiction –People often work, live and drive through more than one county –People move from state to state –People vacation, serve guard duty, or take business trips in other states –Relying on volunteer to be truthful about past residences

10. Private Vendor Check  Obtained through background investigation companies  Costs and response times vary  Name-based checks; generally only access conviction records  Some check records for counties of residence for the last X years  Some maintain “national” databases of criminal records (often searchable online). However: –17 states do not sell or share any criminal data with private companies –Other states share only limited criminal records data (such as parole records)

11. FBI Background Check  Obtained through state (if accessible)  Always fingerprint-based  Includes convictions and open arrests  Cost is $18 plus state fee  Response time varies by state  Most states return a fitness determination; some return rap sheets

12. FBI Background Checks  FBI database is the most complete criminal database in the U.S. –Includes all federal crimes, plus 70-90% of each state’s criminal records. –Not included are the lowest-level misdemeanors and citations, which states generally do not submit to the FBI’s database –Includes over 200 million crimes committed by over 45 million individuals –5,000 – 7,000 people are added to the FBI database each day. –All records are fingerprint-based

13. Reforming the System MENTOR’s Efforts

14. The Experience for Mentoring Organizations  For mentoring, background checks are a critical part of the volunteer screening process  Several years ago, we started hearing that local programs were having troubles with the background check system: –They needed nationwide data, but FBI checks were rarely accessible in many states –When available, FBI and state background checks were too costly and took too long to get results –It was confusing to figure out what agency handled background checks, eligibility, and how to apply

15. Documenting the Problem: What We Found  A confusing decentralized system –Over 1200 state statutes govern access to background checks –No consistency from state to state on procedures, eligibility, etc.  In most states, FBI background checks weren’t available to mentoring organizations: –Lack of accessibility to FBI checks (only 14 states allowed access to mentoring organizations) –High cost (average $30, ranged from $0 - $75) –Lengthy turnaround time (average 6-8 weeks)

16. Our Proposed Response  We proposed to Congress a national solution: –Allow all organizations working with vulnerable populations to access FBI background checks directly –Bypassing the states would create a consistent, streamlined national approach –Reduce or eliminate the background check fees –Improve turnaround time to 2 weeks or less

17. Congressional Action  Legislation on this national solution passed the Senate in 2002 under the leadership of Senators Biden and Hatch. But it didn’t pass the House before Congress adjourned.  Instead, Congress created an 18-month FBI background check pilot program through the PROTECT Act to test several methods of obtaining FBI checks  Goal is to find the best method and implement it as a permanent solution for youth-serving organizations

18. The SafetyNET Pilot Program  Three organizations were selected by Congress for the pilot program: –MENTOR/National Mentoring Partnership –Boys & Girls Clubs of America –National Council on Youth Sports  Three states (MT, TN, VA) were also selected for a state-run pilot program  MENTOR’s portion of the pilot is called SafetyNET  Any mentoring organization in the country can apply to MENTOR for participation

19. SafetyNET Basics  A standard FBI check, with access to both federal and most state offenses  Cost: $18 per volunteer  3 to 5 day response time  Results are a fitness determination, with option to receive full rap sheet  A special website tracks progress and allows results to be downloaded  In MT, TN, VA – FBI check plus state check; fees and procedures vary

20. How Does It Work?  Programs mail fingerprint cards to MENTOR  MENTOR scans and submits them electronically to the FBI  The FBI pulls any matching criminal records  National Center for Missing and Exploited Children (NCMEC) makes fitness determinations  Fitness determination available online (on password-protected website)

21. What’s Next? The Future of Background Checks

22. The Pilot Program  The pilot will end in January 2005  The FBI is required to examine the pilot, study weaknesses in the current system, and make recommendations for a permanent workable solution  We will work with Congress and the FBI to develop a system that is: –Accessible to all kinds of organizations that work with vulnerable populations –Affordable –Timely –Simple to use

23. How You Can Help  If you want to join in the effort to advocate for a better background check system: –Encourage your national organizations to join the coalition of organizations working on this issue –Stay up to date through MENTOR’s Advocacy Network (http://www.mentoring.org/advocate)http://www.mentoring.org/advocate –Contact your Members of Congress and tell them about the troubles you have with background checks –If you have suggestions or stories you’d like to share, let me know. We collect them to share in our work with Congress.

24. Any Questions?  Contact: Margo Pedroso mpedroso@mentoring.org (703) 224-2221  Or, visit: http://www.mentoring.org/safetynet/ http://www.mentoring.org/takeaction