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False FBI Background Checks Have Hurt More Than Half A Million American's Job Searches
August 27, 2013 posted by Steve Brownstein
by Trisha Marczak
For Americans vying for a spot in today’s weakened job market, the formula for success is a little more complicated than making it through the interview process. More industries than ever are requiring FBI approval before applicants are handed over their new title, and more cases of flawed background checks are surfacing, prompting lawmakers to introduce legislation requiring oversight in the bureau’s process.
A new study indicates one in two FBI records include incomplete or false information, leaving more than a half a million American workers in jeopardy of losing or never being offered a job they would otherwise be offered.
“Up to 600,000 Americans are wrongfully denied a job every year simply because the information on their background check is wrong,” Minnesota Democratic congressman Keith Ellison, who is sponsoring a bill to address the issue, said in a statement sent to Mint Press News. “When employers request a background check on a potential employee, the FBI should be required to make sure the information given to employers is accurate and complete.”
The most common issue with false background checks revolves around incomplete FBI files, which indicate arrest and charge, but often fail to follow through to disposition — those whose charges are dismissed are still, in the eyes of the FBI, guilty. With one-third of felony arrests never leading to convictions, there’s plenty of room for error.
That’s what Ellison is hoping to address with HB 2999, a bill that seeks to mandate more oversight to ensure FBI background checks are complete and accurate.
In 2012, the FBI conducted roughly 17 million background checks for employers, representing a 10 percent increase from 2001, when Congress enacted laws allowing the FBI to conduct background checks for employers in any industry deemed to be susceptible to terrorism.
Yet in that scamper to allow background checks on an expanded workforce, the proper safeguards weren’t put in place, leaving innocent Americans out to dry with inaccurate background checks that painted them as criminals.
“Finding a job in this economy is already hard enough,” Ellison said in a statement. “No one should lose the chance to work because of an inaccurate background check. The ABC Act provides more fairness for Americans applying for federal jobs.”
According to the National Employment Law Center, 50 percent of those background checks do not include information relating to the end result of a case. That means that half of all charges that are dismissed do not appear on background checks, and half of those people suffer as a result.
This puts a portion of the population at greater risk, particularly African-Americans, as they’re arrested — not charged — at “rates greater than their representation in the general population, and large numbers of those arrests never lead to conviction,” according to the report.
African-Americans represent 14 percent of the population, yet account for 28 percent of arrests. According to the report, African-Americans also appealed FBI background checks at a rate four times higher than others.
This month, Rep. Keith Ellison, a democrat from Minnesota, introduced the ABC Act, otherwise known as HR 2999. The bill was assigned to committee Aug. 2 and has yet to be considered.
The bill aims to draw down the number of inaccurate background checks by delaying the time period between the FBI’s initial report, allowing room for the bureau to double check records and retrieve missing files. Additional time will be given in order for the FBI to determine if information in a file is incomplete, particularly if only charges are mentioned, without follow-up on convictions.
This, according to the report, can be done, as FBI background checks for gun purchases require the bureau to retrieve information in just three days.
“The ABC requires the FBI to do everything in its power to find any missing information on past arrests for Americans applying to work for the federal government,” Ellison said in a statement. “Under the ABC Act, the FBI will have 10 days to find missing and incomplete information on rap sheets. If they can’t find final outcomes of arrests and court orders, the FBI will be required to remove the information from the background check.”
That bill is in line with recommendations made by the National Employment Law Project, which gives recommendations for fixing a system that’s destroying livelihoods. In addition to requiring the FBI to locate missing dispositions, the project also recommends the FBI provide a copy of the background check so that those seeking employment can appeal flaws.
In the same month the National Employment Law Project published its report highlighting the flawed employment screening system, NBC’s Today Show ran a piece during its Rossen Report segment, emphasizing the need for such checks in today’s job market.
It was a move applauded by The National Association of Professional Background Screeners (NAPBS), a nonprofit trade association representing private company screening processes. According to the Project report, private companies do hold themselves to higher standards, yet a blanket endorsement for background screening doesn’t just prop up private industries — it props up the FBI’s process, as well.
“Health care workers, volunteers working with children, those handling money issues for business — and especially home service workers — are all examples of positions where employers need to know who they are hiring,” NAPBS Chairman Fred Giles said in a press release. “Background screening is a critical practice that provides employers with the peace of mind and confidence to know they’re making the best hiring decision possible.”
One main problem associated with flawed background checks revolves around the lack of information provided by local law enforcement agencies. While charges and fingerprints are routine documents in individual files, follow-throughs aren’t conducted in such a regiment manner, leaving a gaping hole for any agency requesting information related to background checks.
