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Background screening conducted through fingerprint-based checks is far more accurate and effective name-based searches. It’s incredibly simple and fast when the fingerprinting is done through a “live scan” of the individual’s fingerprints rather than the old way of taking ink impressions.
In fact, many government agencies are hard-pressed to continue accepting ink-based print cards; they now require that criminal history checks be requested electronically as live scan submissions.
So, why don’t all employers conduct their background checks through fingerprints? The short answer is: because fingerprinting for employment purposes is limited to situations permitted by state or federal law.
When permitted, live scan fingerprinting is the best way to go — and KYC Solutions is your resource for fingerprinting services. But fingerprinting is not always for employment purposes. Just as frequently, individuals need fingerprinting for other reasons, like:
And there are times when fingerprints need to be APOSTILLED. We do that too!
Make an appointment with us today to be fingerprinted in our Coral Gables office, or have us go to you—wherever you are.
Individuals who may be fingerprinted are children, for safety and security purposes, in the event that a child goes missing; military personnel (and similar occupations), for security background checks; and for employment related to government or industries related to healthcare, education, finance and banking, care of the elderly or children, public transportation including taxis, or other positions that affect public safety.
Employment-related fingerprinting is consensual and must be channeled through a sponsoring agency that is authorized by law.
Level 2 (fingerprint-based) background checks are only the minimum requirement by the state. Unfavorable findings from a Level 2 can be resolved with a more complete CRA background because “hits” will have been researched to the point of origin.
Florida’s (Chapter 435) controls “Level 2 Standard” checks in Florida; that is, fingerprint-based background screenings for a range of individuals who are, or are expected to be, exposed to vulnerable people, or who have access to or are custodians of sensitive government records.
When that’s the case, the following types of individuals who are functioning, or are expected to function, in a covered1 position on behalf of the State of Florida are required to pass a Level 2 Standard check:
Chapter 435 does not apply to the private sector unless a private sector entity is under contract with the State of Florida or is functioning as an agency of the state.
Among the usual Florida agencies that require Level 2 check are the following:
The Department of Children and Families (DCF) is the Florida agency that provides social services and oversees the welfare of vulnerable persons.
Also known as AHCA, this agency is charged with regulating the medical profession in Florida. As such, AHCA requires that certain medical occupations undergo Level 2 checks before being licensed.
This agency regulates the activities of mortgage loan originators and brokers to prevent fraud and promote integrity in the mortgage lending business. It requires that loan originators undergo Level 2 checks.
In conjunction with the FDLE, the Department of Education (DOE) is charged with conducting periodic Level 2 criminal history checks of school staff and “certain non-instructional school district employees and contractors,” which includes any “vendor, individual, or entity under contract with a school or the school board.”2
As in the case of Florida, U.S. laws and regulations provide access to the FBI’s IAFIS repository to the states who issue laws authorizing fingerprint-based background checks. Additionally, federal laws also authorize some private entities under federal supervision to submit their personnel to fingerprint-based checks.3 The following two are examples:
“...the FDIC... has estimated that 10 percent of the fingerprint-based checks uncover a criminal record.”
This institution, itself a private corporation also known as FINRA, was formed in 2007 as the successor of the National Association of Securities Dealers (NASD) and exists to self-regulate the financial industry in the United States. It acts to regulate, enforce and arbitrate for members of the New York Stock Exchange (NYSE) but banks may also fall under FINRA’s oversight if they also operate as a securities brokerage or investment advisory firm. Ultimately, FINRA itself is regulated by the U.S. Securities and Exchange Commission (SEC).
FINRA may require fingerprint-based checks for its members.
The FDIC is a government regulator of banks. In 2008 it launched new requirements that include FBI fingerprint-based criminal history checks for a range of banking personnel, for example:
Although some exemptions can be made, fingerprints must be submitted to the FBI through an intermediary, which in this case is the American Bankers Association (ABA).4 Of interest is that the FDIC in its policy documentation has estimated that 10 percent of the fingerprint-based checks uncover a criminal record.
There are times when fingerprinting is required by state law, as discussed above; times when fingerprinting may be required—or at least permitted—by federal law for certain industries, as in the case of banks; and times when submitting to a fingerprint-based criminal history check is entirely voluntary for individuals who either want to —
Once in the subject’s hands, he or she can choose to personally share his or her criminal history with others for any reason. Sharing one’s own rap sheet is a personal right and choice.
Following are some examples of situations in which an individual could choose to share his or her FBI history with a third party:
These are but a few examples for why individuals could want or need to request their own FBI rap sheet for “personal review.”
The main point to remember is that for privacy and legal reasons the FBI will deliver rap sheets requested for private review only to the individual who is the subject of the check.
The results of an FBI record check for private review may contain inaccuracies or incomplete information. For instance, a record may be incomplete if it contains only an initial report of arrest but lacks disposition findings. When that’s the case such a report serves to point the investigation to the jurisdiction that possesses more detailed records, including a disposition that may absolve the subject or mitigate the record. And if the record is inaccurate the subject knows what and who to challenge.
1 Covered jobs are those that expose an incumbent or potential employee to official confidential information or to minors or vulnerable adults.
2 Florida Statutes, Title XLVIII, Education Code, Chapter 1012, Personnel.
3 12 U.S.C. 1829. Banks and banking. Penalty for unauthorized participation by convicted individual.
4 FDIC Trust Examination Manual, Section 11-Management.
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