	Background

Private, public, and nonprofit employers can use information from criminal  history records for non-criminal-justice purposes, such as screening an  individual’s suitability for working with children, the elderly, or other  vulnerable populations. 1). Most States Conduct FBI Record Checks for Selected Employment Sectors, but Lack of State Agencies to Review Check Results Remains a Challenge

Most states that responded to our nationwide survey reported that they  conduct FBI record checks for individuals working with vulnerable  populations and other employment sectors we reviewed. States not  conducting such checks reported lacking designated state agencies to  review the check results, among other challenges. DOJ and Others Have Recommended Expanding Access to FBI Checks, but Concerns Remain about Securing Data and Protecting Personal Information

			Recommendations for Expanding Access to FBI Record Checks

In 2005 and 2006, the Attorney General and others recommended  expanding employer and third-party access to FBI criminal history record  checks as a way to overcome barriers presented by the need for a state  agency to adjudicate record check results. States Have Improved the Completeness of Criminal History Records with DOJ’s Assistance, but Continue to Face Challenges

		States Reported Progress in Providing Complete Records to the FBI, but Incomplete Records That Can Delay Criminal Record Checks and Affect Applicants Still Exist

According to BJS surveys of state criminal history information systems,  from 2006 through 2012, states reported making progress in providing  complete criminal history records to the FBI—records that include the  arrest and the final disposition of the arrest. For example, BJS surveys  show that the number of states that reported providing more than 75  percent of their arrest records with final dispositions increased from 16  states in 2006 to 20 states in 2012, as shown in figure 3. Disposition Task Force: The FBI’s Advisory Policy Board formed the  Disposition Task Force in 2009 to address issues related to the  completeness, accuracy, and availability of criminal record dispositions  from courts and prosecutors and develop a national strategy for improving  the quality of disposition reporting. The task force, however, did not have a plan with time frames or  milestones for either completing the best practices guide or achieving the  remaining goals, which could also lead to a national strategy—an original  2009 objective for the task force. DOJ’s grant funding and other assistance programs have  helped states address these challenges. Private Company Criminal Record Checks Increasing; Companies Face Challenges in Obtaining Complete and Accurate Records

		Number of Private Companies Conducting Criminal Record Background Checks Appears to Be Increasing because of Employer Demand

The exact number of private companies that conduct criminal record  checks, the number of checks conducted each year, and the number of  employers and industries requesting checks are generally unknown, but  appear to be increasing. To what extent have states made progress in improving the  completeness of criminal history records and what challenges remain  that federal agencies can help mitigate? We received a response rate of 94 percent—47  states and the District of Columbia—which we collectively refer to as  states throughout this report. We also analyzed federal regulations and procedures for conducting  criminal record checks and evaluated previously published reports from  SEARCH, the Department of Justice (DOJ), and other organizations  regarding the national availability of FBI background checks, solutions  proposed to address access challenges, and what challenges remain.supplement information obtained through our national survey and our  analysis of previously published reports, we conducted semistructured  interviews with management officials from repositories and courts that  maintain criminal history information in 4 case study states—California,  Florida, Idaho, and Washington—to determine the extent to which they  conduct FBI checks, any challenges faced with conducting checks, and  actions taken to address those challenges.
Why GAO Did This Study

Authorized employers use information from FBI criminal history record checks to assess a person's suitability for employment or to obtain a license. States create criminal records and the FBI facilitates access to these records by other states for nationwide checks. GAO was asked to assess efforts to address concerns about incomplete records, among other things.
This report addresses to what extent (1) states conduct FBI record checks for selected employment sectors and face any challenges; (2) states have improved the completeness of records, and remaining challenges that federal agencies can help mitigate; and (3) private companies conduct criminal record checks, the benefits those checks provide to employers, and any related challenges.
GAO analyzed laws and regulations used to conduct criminal record checks and assessed the completeness of records; conducted a nationwide survey, which generated responses from 47 states and the District of Columbia; and interviewed officials that manage checks from the FBI and 4 states (California, Florida, Idaho, and Washington). GAO selected states based on geographic location and other factors.

What GAO Found

Most states that responded to GAO's nationwide survey reported conducting Federal Bureau of Investigation (FBI) criminal history record checks for individuals working with vulnerable populations—such as children and the elderly—and other employment sectors that GAO reviewed (see fig. below). States that did not conduct FBI record checks said this was because the state lacked a designated agency to review check results, among other challenges. In 2006, the Attorney General proposed that nongovernmental entities also serve in this role but noted that this would require considerations about securing data and protecting personal information.
States have improved the completeness of criminal history records used for FBI checks—more records now contain both the arrest and final disposition (e.g., a conviction)—but there are still gaps. Twenty states reported that more than 75 percent of their arrest records had dispositions in 2012, up from 16 states in 2006. Incomplete records can delay checks and affect applicants seeking employment. The Department of Justice has helped states improve the completeness of records through grant funding and other resources, but challenges remain. For example, the FBI's Advisory Policy Board—which includes representatives from federal, state, and local criminal justice agencies—created a Disposition Task Force in 2009 to address issues regarding disposition reporting, among other things. The task force has taken actions to better measure the completeness of state records and identify state requirements for reporting disposition information. However, the task force does not have plans with time frames for completing remaining goals, such as examining and recommending improvements in national standards for collecting and reporting disposition information.
According to stakeholders GAO contacted, the use of private companies to conduct criminal history record checks appears to be increasing because of employer demand and can provide benefits, such as faster response times. Federal agencies regulate these companies and have settled complaints, such as in cases where the wrong records were sent to employers. Private companies can face challenges in obtaining complete and accurate records, in part because not all states make their criminal record information accessible for private companies to search.

What GAO Recommends

GAO recommends, among other things, that the FBI establish plans with time frames for completing the Disposition Task Force's remaining goals. The Department of Justice concurred with all of GAO's recommendations.