Office of Program Policy Analysis and Government Accountability
Office of Program Policy Analysis and Government Accountability

State Criminal Record Processes Are Adequate; Potential for Inaccuracies from Private Companies

Report 09-10, February 2009




Report Summary

  • Employers conduct criminal history background checks to ensure that prospective hires do not have a criminal history that would make them unsuitable for employment. Employers can obtain criminal history data from government sources, such as the Florida Department of Law Enforcement, or from private background check companies.
  • There are adequate safeguards in place to ensure that criminal history data maintained by criminal justice entities is accurate, current, and complete. Employers who use department data for a criminal background check can be reasonably confident that the information is reliable. However, data sold by private background check companies may be less reliable because some companies maintain and sell records that are not current; companies generally use name-based checks, which are less reliable than fingerprint-based checks; and information provided by some companies may not cover all law enforcement jurisdictions or time periods.
  • Florida's criminal justice agencies use several processes to ensure that sealed or expunged records are purged in accordance with state statutes. However, there are no requirements directing private companies to similarly purge records that have been expunged or sealed.


Related Reports
  1. Progress Report: FDLE Improves Operations, Some Information and Fingerprint System Backlogs Remain
    Report 99-27 January 2000
  2. PB2 Performance Report for the Criminal Justice Information Program
    Report 98-74 March 1999
  3. Review of the Performance of the Florida Department of Law Enforcement's Information Program
    Report 97-40 February 1998
Copies of this report in print or alternate accessible format may be obtained by email OPPAGA@oppaga.fl.gov, telephone (850) 488-0021, or mail 111 W. Madison St., Room 312 Tallahassee, FL 32399-1475.
Copies of this report in print or alternate accessible format may be obtained by email OPPAGA@oppaga.fl.gov, telephone (850) 488-0021, or mail 111 W. Madison St., Room 312 Tallahassee, FL 32399-1475.
criminal history, criminal record, background check, background screening, seal, sealing, expunge, expunction, expungement, privacy, public record