What happens when there is a "hit" on a National Criminal Records Search?

The NCRS searches a database of many jurisdictions, though not all, and records may not be current and/or complete.

When a potential criminal record is found from a database search, the Fair Credit Reporting Act (FCRA) 613 requires the background screening provider to do one of two things:

  • Notify the consumer that public information has been found which may adversely affect the candidate’s ability to obtain employment.  The consumer must also be told the name and address of the person who will be receiving the information.
  • Maintain "strict procedures" that ensure the information collected is accurate and up to date.

For this reason, Orange Tree considers it a “record locator” only and not a confirmation of a criminal record. When a record is located from this search, Orange Tree automatically confirms it at the applicable jurisdiction before reporting it to our clients.   

Doing so not only helps maintain compliance with the “accurate and up to date” language of the FCRA, it enhances the candidate experience and greatly reduces the turnaround time of the background check.