When conducting a background check, many assume that a National Criminal Database (NCD) search is a one-stop solution for uncovering an applicant’s criminal history. While the NCD can be a useful tool with over 700 million records, it should never be relied upon as the sole method of screening—especially for applicants with common names.
Without additional verification steps, relying on a national criminal database alone can lead to incomplete, inaccurate, or misleading results that could impact hiring decisions, tenant screening, or other verification processes.
In this article, we’ll explore why a National Criminal Database search alone isn’t sufficient and why SSN Trace and county-level searches are essential to ensure accuracy and compliance.
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The Limitations of a National Criminal Database Search
A National Criminal Database search is name- and date-of-birth (DOB)-based, meaning it looks for records associated with an individual’s name and DOB across 2,600 sources. These sources include arrest records, Department of Corrections (Felony only), Sex Offender Registries (SOR), active warrant sources, and much more. However, this method still has significant limitations as can be seen on the map above.
Common Names Cause Misidentifications
If an applicant has a common name like John Smith or Jose Gonzalez, there’s a high chance that the database will return records that belong to someone else with the same name and DOB. This can lead to false positives, where an individual is mistakenly linked to another person’s criminal history.
Missing Middle Names and Identifiers
Many database sources do not include full middle names, Social Security Numbers (SSNs), or other unique identifiers. Without these details, the search may either fail to match an individual to their actual records or may link them to someone else's criminal history.
Many Counties Are Not Digitized and May Not Appear in a Database Search
One of the biggest flaws of database searches is that they rely on digitized records. However, a large number of counties across the U.S. still do not have fully digitized court records or can only provide a Felony-only search.
Many times, counties store criminal records in physical files, which means their data is not available for national database aggregators to pull. Because of this, many criminal records (mainly misdemeanors) are entirely missed in a database search, leading to an incomplete background check. These missed records can include assault charges and DUIs.
Delayed or Incomplete Updates
National criminal databases aggregate data from multiple jurisdictions, but the frequency of updates varies significantly. Some jurisdictions may only update their records weekly or even monthly, meaning recent convictions, amended charges, dismissed charges, or expungements may not be reflected in real time.
Deferred Adjudication and Diversion Programs May Not Be Updated
Many states allow for deferred adjudication, diversion programs, or probationary periods, where a conviction is removed after successful completion of the program. A national search might show an initial charge but fail to reflect the final case disposition, leading to outdated or incorrect information.
Why SSN Trace and County-Level Searches Are Essential
To ensure accuracy and compliance, it’s critical to supplement a National Criminal Database search with additional verification steps.
SSN Trace – Identifying All Relevant Counties
An SSN Trace helps identify all addresses and jurisdictions where an individual has lived, been arrested, opened a credit card, and even gone to school. This is a crucial step because criminal records are stored at the county level, and the most up-to-date and accurate information is often only available at local courthouses.
If an applicant has moved across different states or counties, relying only on a national database search can miss records in jurisdictions not included in the database. SSN Trace ensures that background checks are conducted at the actual source—county courts—rather than relying on outdated aggregated data.
County-Level Searches – The Most Reliable Source
Once an SSN Trace identifies all previous addresses, a manual county-level search should be performed to retrieve official records directly from local courthouses.
This step ensures that all available identifiers, such as full name, middle name, aliases, DOB, race, gender and case numbers, are properly matched. Unlike national databases, county-level searches provide the most up-to-date information, including final dispositions for cases that may not be reflected in the database. Certain records, like those involving deferred adjudication, dismissed charges, or diversion programs, are only available at the county level.
Global Background Screening’s Policy on Database Searches
At Global Background Screening, we never rely on database searches alone to report criminal history. If you order a National Criminal Database search only, we will always require county-level confirmation of any potential record found. This ensures compliance with the Fair Credit Reporting Act (FCRA) and guarantees that the most up-to-date and accurate information is used in a consumer report.
For those who do not want to order counties based on the SSN Trace (our Criminal Check Complete product), we still require a default $9.99 county-level verification fee on any database-only criminal searches that show up on your applicant.
This ensures that all reported criminal records are verified directly at the courthouse, reducing errors and ensuring compliance with legal requirements.
Example: Why Relying on a National Criminal Database Can Lead to Errors
Scenario: A Case of Mistaken Identity
Let’s say a company is running a background check on James B Williams, born on March 10, 1985.
A National Criminal Database search returns a felony conviction for drug possession in Texas.
However, upon further review, it turns out that the record actually belongs to another James B Williams, born on the same date but in a different state. The Texas database source did not include a full middle name, leading to a false match.
If the employer had relied solely on the national database, they might have wrongly denied the applicant a job.
How an SSN Trace and County Search Would Have Prevented This
An SSN Trace would have identified all previous addresses for the applicant, showing that he had never been associated with Texas and pulled a middle name if the applicant had one. A county-level search in his actual places of residence would have confirmed that he had no criminal record by also possibly viewing the last 4 of the SSN (If it's available). The employer would have avoided a potential lawsuit for negligent hiring practices due to incorrect background check results on a consumer report. You can read more on FCRA lawsuits filed On HireRight, First Advantage and Sterling Talent Solutions, due to inaccurate or outdated information here
Legal and Compliance Considerations
Background checks must comply with the Fair Credit Reporting Act (FCRA) and other state and federal regulations.
The FCRA requires that employers ensure the accuracy of background check information before making a hiring decision. If an applicant is incorrectly flagged due to a misidentified record, the employer could face legal action for non-compliance. Many states have Ban-the-Box laws and Fair Chance Hiring laws, which further regulate how criminal records can be used in hiring decisions.
For more information on background check compliance, visit the Federal Trade Commission (FTC) guidelines on employment background checks:🔗
Accuracy Matters
While a National Criminal Database search is a helpful tool, it should never be used as a standalone background check method—especially for applicants with common names.
To ensure accuracy and compliance, GBS will always recommend supplementing with an SSN Trace and county-level searches to:
Identify all jurisdictions where an applicant has lived.
Verify records directly at the source—county courthouses.
Confirm the final disposition of any charges, avoiding outdated or misleading results.
Ensure compliance with FCRA regulations and avoid legal risks.
By taking these extra steps, employers, landlords, and organizations can make better-informed decisions, reduce false positives, and ensure that they are screening candidates fairly and accurately.
Would you like assistance in conducting thorough, FCRA-compliant background checks? Contact Global Background Screening today to ensure your screening process is accurate, reliable, and up to date!
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