Are you unknowingly doing “Knock Off Background Checks?”
By Fred Amicucci
Vice President of Business Development at DataScreening
What are “knock off background checks?” These are background checks that are offered as extremely cheap and quick when compared to other companies. It’s almost too good to be true. Because it is. Something’s not right.
The “National Criminal Check” — A Common Misconception
One of the most common misconceptions in background screening is the so-called “National Criminal Check.” When I ask prospects or Human Resources executives whether they conduct county-level criminal checks, I often hear:
“Our current background check provider covers every county in the U.S.—we use the ‘National Criminal Check.”
Unfortunately, that response reflects a misunderstanding of what is actually being delivered.
In reality, the “National Criminal Check” is not as comprehensive as it sounds. Employers often believe they are receiving a thorough, nationwide criminal search—but that’s simply not the case. If an organization knowingly chooses a lower-cost, less comprehensive screening option, that’s a valid business decision. The problem arises when they believe they are getting more than they actually are.
What a National Criminal Check Really Is
A National Criminal Check is essentially a database search—a compiled list of criminal records gathered from various county and state sources across the country. However, it is far from complete.
Approximately 40% of county and state courthouses do not provide electronic access to their records and do not contribute to these databases. In many cases, records can only be accessed directly through the courthouse itself. Additionally, some jurisdictions do not consistently update external databases, which means the information can be outdated or incomplete.
What This Means for Employers
When relying solely on a National Criminal Check, a significant portion of records may never be reviewed or reported. As a result, many background checks come back “clean,” giving employers a false sense of security.
It’s easy to assume everything is working as intended—until it isn’t.
Often, employers respond with:
“We’ve never had a problem.”
But the reality is, you may not know there’s a problem until it’s too late—until an incident occurs in the workplace, or a more thorough background check reveals information that was previously missed.
The Risk Goes Both Ways
There’s also risk in the opposite direction. If a record does appear in a National Criminal Check, it may be inaccurate or outdated. For example, an applicant could have had charges dismissed or been found innocent—but if that update never made it into the database, the report may still reflect the original charge.
This can lead to unfair hiring decisions and potential legal exposure.
How and Why Does This Happen? Three Main Reasons
- Sales Pressure and Miscommunication
In many cases, background check providers—or their sales representatives—are focused on winning business. Whether intentionally or not, they may fail to clearly explain the differences between a National Criminal Check and a true county-level search.
Most background check services are priced similarly. So, when one provider offers what appears to be the same product at a significantly lower cost, it naturally wins attention—and often, the sale. The problem is, it’s not the same product. - A Misleading Name
The term “National Criminal Check” is inherently confusing. It sounds comprehensive, as if it covers every jurisdiction across the country. In reality, courthouses in the United States are not connected through a single national system—this is simply a fact.The name creates a false sense of completeness, leading employers to believe they are getting full nationwide coverage when they are not.
- Speed and Cost Advantages
Database searches are faster and far less expensive to run than county-level checks. That makes them attractive for both the provider and the employer.
On the surface, it feels like a win—you save money, and results come back quicker. But if up to 40% of records are missing, the value of that speed and savings becomes questionable. At that point, you’re not getting a truly reliable background check.
There’s nothing inherently wrong with choosing a lower-cost, less comprehensive screening option—if that decision is made with full transparency.
The issue is not the National Criminal Check itself. The issue is when it is presented and sold as a complete, all-encompassing background check—when in reality, it is not.
- Sales Pressure and Miscommunication
Why Is the National Criminal Check Even Used?
So, why does the “National Criminal Check” exist at all?
The answer is simple: it’s designed to cast a wider net. These database searches can sometimes uncover records from jurisdictions that do report into national systems—potentially identifying activity outside of the locations an employer initially searches.
Most background checks are built around where an individual has lived, worked, or attended school. That’s where county-level searches are most effective. However, a National Criminal Check can serve as a supplemental tool, helping to flag possible records in areas that might not otherwise be reviewed.
That said, any information found in a National Criminal Check must be verified at the county level before it can be used. This is not just best practice—it’s required under the Fair Credit Reporting Act (FCRA). The courthouse remains the original and most reliable source of criminal records.
The Bottom Line
Background checks are not perfect, and no single search should be relied upon in isolation, especially not a National Criminal Check.
Instead, it should be used as part of a broader, more reliable screening strategy. At a minimum, a thorough background check should include:
- A Social Security trace
- County-level criminal searches
- A National Criminal Check (as a supplemental tool)
Used correctly, the National Criminal Check can add value—but it should never be mistaken for a complete or standalone solution.
*Disclosure: This is not legal advice. You should consult with legal counsel to determine what type of background check is appropriate for your company.
Fred is the current Vice President of Operations and Business Development at DataScreening. DataScreening has been a leading provider of background checks worldwide for over 26 years. While at DataScreening, Fred has earned his Basic FCRA Certification and his Advanced FCRA Certification from the Professional Background Screening Association. In addition, Fred has recruited, hired, trained, and continues to support the sales team and the customer support teams at DataScreening.
Fred is a member of the PBSA; Professional Background Screening Association, ASA; American Staffing Association, NJSA; New Jersey Staffing Alliance, as well as currently serving on the Board of Directors for NJSA. He is also a member of SHRM, Society of Human Resource Management, and has spoken for several chapters of SHRM as well as NJSA on the topic of background checks. Fred has a BA in Psychology and Criminal Justice from Moravian University.