International Criminal History Records
Criminal history checks are considered a fundamental component to any background screening program. The need to perform such checks on International or Foreign National candidates is even more critical. Employers must demonstrate that a reasonable level of due diligence has been applied when pre-screening candidates, no matter where they come from. The access to, availability of, and legal use of criminal record information overseas varies greatly from country to country. As such, ISS prescribes either criminal history checks performed through a country’s central criminal justice agency or through local criminal courts in a given country, depending on a given country and the local environment.
Criminal Record History Checks overseas are generally performed at the national criminal register level, the district, city police or court levels based on a the country and the availability of information. Final results are adjudicated by ISS based on local reporting, human rights, privacy and employment contexts.
Central Criminal Justice Agency (CCJA) Records
Most countries maintain some form of central criminal justice agency similar to the USDOJ that is usually referred to as something like the Ministry of Justice (MOJ) or Ministry of Interior (MOI). The MOJ may in turn delegate responsibility to a subordinate national law enforcement agency that is charged with overseeing and maintaining the country’s national criminal record system. These searches are generally national in scope and contain both felony and misdemeanor record information. Results and contents may vary. However, many reports include official declarations from local authorities confirming and attesting to results. Final Results are adjudicated by ISS based on local consumer reporting, human rights, privacy, and employment contexts as applicable. Information and time required to perform each search will vary based on processes dictated by local authorities.
Things to know about International Criminal Record Checks
• “Quick and Easy” international criminal searches offered by less reputable companies purporting to run “international court checks” from every country in the world based on a name, dob and address may be bogus. Criminal data is not available from every country within local legal or other regulatory frameworks. Additionally, many countries require specific forms to be filled out by candidates.
• Many overseas providers may either bribe officials or misrepresent themselves in order to gain access to criminal information outside the public domain. This exposes their clients to prosecution and enforcement action from abroad and in the USA under the FCPA.
• Similar to US consumer reporting guidelines, many countries abroad have enacted national provisions on erasures from criminal records of a convicted individual as a means of allowing an individual’s rehabilitation. As such, reporting information that was obtained outside the local legitimate process is a violation of privacy and subjects an employer to unnecessary risk to employment discrimination.
• Criminal record information (police and court files) is not in the public domain in many countries. Accessing it when in contradiction with local guidelines is a criminal offense.