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To live and work in the United States is a life-long
goal of many people living elsewhere. Our higher education system, open
form of government, and standard of living are especially attractive to
those from countries with poor economic conditions or repressive
governments. For the most part employers, hungrily competing for the
best and brightest, have welcomed the international applicants into the
U.S. job market.
For more than a decade, employers have been pummeled by the legal and employment screening industries with reasons for implementing a standard pre-employment background check on potential employees. Primarily, employers don’t want to face the prospect of negligent hiring litigation. Financial losses from internal theft and high turnover rates have also convinced employers to pre-screen job applicants. The development and implementation of pre-employment screening program on U.S. citizens is a difficult enough challenge, but how can employers perform a due diligence background check on people just arriving from other countries?
Immigrants applying for a visa are required to
supply a variety of documents, including police records, to the Department
of State. Those applying for employment visas must provide employment and
education credentials. However, experience has shown us that the State
Department does not have the ability to thoroughly check the background of
all visa applicants. For years it has been possible, albeit very costly,
for an employer to check the background of a newly arrived immigrant. In
recent years the process has become somewhat more feasible to the average
employer, yet there are still many inherent problems with the
international background check.
A criminal history search, a standard part of any
background check, is anything but “standard” in most countries. Some
countries for example, restrict access to criminal history data to the
individual concerned and to law enforcement; there simply are no public
records of convictions. Other countries will make data available, but the
records are purged after only a few years, meaning a thief could
legitimately come back with a clean record only five years after being
convicted. Some foreign courts and law enforcement agencies have been
known to be bribable; for the right price, an individual’s criminal record
disappears.
Furthermore, in the U.S., we have an understanding
of our judicial system and the laws. The severity of a crime is described
as a felony, misdemeanor, or a lesser offense. Some countries have a
judicial system that does not equate to ours and they may classify some
activity as a crime that we do not and vice versa. This may open a new
set of considerations when a criminal record is found.
The biggest obstacle with the international criminal
search is that countries simply do not have the information technology,
data storage, or networking capabilities that we enjoy in the United
States. Technology and access to information is improving in most
places; however, even in some of the largest foreign cities a researcher
could be forced to travel to many courts or police stations to complete a
criminal search comprising the entire city. The ability to electronically
access a criminal computer index that contains records for a significant
region is rare outside of the U.S.
Checking criminal records in an extremely remote
area is obviously problematic and sometimes impossible because a record
repository simply does not exist. A background check can still be done
but it requires dispatching an investigator who is familiar with the
area. The end result would be more of a “reputation report” derived
through local sources. A good investigator will provide reliable and
useful information but the price tag could easily go over a thousand
dollars.
Despite the problems and pitfalls, many employers
are concluding they can no longer gloss over the background check when it
comes to international applicants. At the very least, if called into a
court of law, employers need to be able to demonstrate their decision to
hire was based on a reasoned and useful exercise and not on an intuitive
guess.
Employment Screening Services now offers its clients
the ability to check international criminal records. The search types and
prices vary between countries. Most searches conducted overseas are done
through local specialists who have a thorough knowledge in the ways and
means of accessing criminal information in their given area. These
specialists have contacts within the government service offices, judicial
systems, and police agencies. Typically, a local specialist will have
connections to specialists in an adjacent area. Agreements to exchange
searches will often result in a criminal record search for a larger
metropolitan area or for a cluster of cities in a same region. Types of International Criminal Searches
Jurisdiction Search.
Based on the address submitted, the source of this search is the single
most appropriate government service office (such as the primary law
enforcement agency or court system for that location). The search will
typically cover an entire city; however, many large cities consist of 4-5
jurisdictions, each with information independent of the other. In this
case, the search will only cover the jurisdiction that covers the
submitted address. Conversely, some multi-jurisdiction cities are not
only networked together to cover the entire city, the search may include
an entire region, such as a province or state.
Price range: $50 to $150*
Turnaround time: 5-10 business days
Scope of Search: The average search will go back 5-7
years. The convictions reported are typically equivalent to a Felony in
the United States. Some repositories may also include lesser crimes.
Regional Search. (where available).
A Regional Search will be conducted through a single jurisdiction when
available; however, most regions cannot be searched through a single
source and must be completed though a network of on-site private
investigators and record retrieval experts. These individuals make
personal visitations, phone, email, or fax contacts with the various
jurisdictions that fall within an assigned area. Depending on the country
and area of interest, the Regional Search will either comprise major
cities within a given geographic region, or it will consist of an entire
state, district, or province.
Price Range: $125 to $300*
Turnaround: 6-12 business days
Scope of Search: same as for the Jurisdiction search
Reputation Report.
Some areas, especially remote unpopulated areas, do not have a repository
accessible to third parties. Most international applicants will come from
areas with skilled labor and higher education and therefore the
Jurisdiction or Regional Search will be available. If not, the Reputation
Report is available. The Reputation Report may also be utilized in
addition to one of the other reports when more in-depth and personal
information is needed. This report is developed by a specialized private
investigator in the area. Information in the Reputation Report can vary
widely. Basic information will include any reported involvement in
illegal activities or with any criminal element. Additional information
may include place and year of birth, employment history, approximate
income, credit status, last know address, real property, etc.
Price Range: $300 to $700*
Turnaround: 2-3 weeks
*Please contact ESS for a price quote on a specific
country. Information Needed for an International Criminal
Check
1. Type of
search
Other International Services Provided by ESS
Driving records, Credit Reports, and Civil records
are also available in most countries. Please call for a specific quote.
Employment Screening Services automatically attempts
to verify international employment and education and conducts reference
checks at no additional charge (unless an interpreter is required). We
contact sources via telephone, email, and/or fax. Our success ratio
varies with the business, institution and country, but if we are provided
clear, complete, and accurate information, chances are good that we will
complete the international verification or reference check within the
normal turnaround time. |