Have you ever heard something and you just couldn’t get it out of your head? A great song. A snappy advertising jingle. Thanks to Bernie Focker I have used his famous quote “that’s my brother from another mother” over and over for the past 7 years. Just slips right off my tongue when I walk into our pee wee baseball dugout and slap knuckles with the little Royals. Thanks Bernie.
So what does the movie Meet the Fockers have anything to do with a criminal record check? Actually, this quote from Bernie is one I hear over and over again from applicants who did not get a job because of a criminal record: “that’s not me.” “It belongs to someone else….a brother from another mother.”
Thanks to the Fair Credit Reporting Act, we have a legal obligation to reinvestigate legitimate challenges to the accuracy of a criminal record check. I support this. Nobody should be denied employment, a place to live or a chance to volunteer because a court made a mistake.
And yes the courts do make mistakes. They are human. Study after study indicates that 98.7% of inmates are innocent. Well, large sample studies conducted on the prison yard.
What kind of mistakes are we talking about? The most common mistakes made by courts are:
- Date of Birth Entered Incorrectly
- Felony was Reduced to Misdemeanor After Probation
- Conviction Converted to Conditional Dismissal
- Post Conviction Relief
As you can see by this list, most of the mistakes made on a criminal record check are not misidentification but clerical errors. Information either entered incorrectly or final dispositions from the courts that are not entered into the public access terminals.
So I use the Bernie Focker filter to determine if the challenge is legitimate or illegitimate. Here is an example of one that flunked the test: “That is not my criminal record. That is my sister. We have the same name and social security number.”
Now, as a kid I loved the Bob Newhart Show. I loved Larry, his brother Darryl and his other brother Darryl. But come on, that was Vermont in 1972. Today, giving all your children the same name is illegal under federal law. OK, maybe not illegal but it is not common. And it is not possible to share an SSN.
How dumb do I sound on the phone? Ok, don’t answer that.
Here is one that passed the test: “It was my cousin. He has been in trouble his whole life. He is always using family member names and SSN’s when arrested.” True that. We had flagged the report before returning it to our client and after a lengthy conversation with the applicant and going through the entire case file we determined it was his cousin. Record not reported.
The biggest red flag from an applicant is when they say it is not me, I have never been in trouble, I would not do anything like that. Yet, the courts show sheet after sheet of criminal records with name, DOB, SSN and address matches.
I have heard every excuse under the sun about how a criminal record check is wrong and how it was not them. However, time after time it is in fact the applicant’s criminal record.
Why? Because we take extreme caution in making sure all criminal records we report belong to the applicant. We ask our researchers to cross check with social security numbers when possible, or dates of birth, or a driver’s license number and sometimes we have to settle for an address that we match up with their address history search.
The bottom line is we take reporting criminal records very seriously. Yes, I have a jaded sense of humor from more than 20 years working as a detective and violence prevention consultant. But nobody at Safe Hiring Solutions takes reporting a criminal record lightly. We go the extra mile to ensure the record can be cross verified with other identifiers.
So the next time your applicant gives you the it’s not me excuse, send them to us. We will evaluate it, reinvestigate if required, and let you know the outcome.
Contact Us today to make sure your criminal record checks are the best in the industry.
Did you know applicants have a right to challenge a background screening report?