In today's business landscape, thorough background checks are more than just a formality—they're a crucial safeguard for companies of all sizes. Many businesses in New York rely heavily on county criminal searches as their primary vetting tool for potential employees. However, this common practice may be leaving organizations exposed to significant hiring risks.
While county criminal searches are a staple of many background check processes, they often fall short in providing a comprehensive picture of a candidate's history. This is particularly true in New York, where the complex web of jurisdictions and court systems can lead to critical information slipping through the cracks.
Despite their widespread use, county criminal searches in New York are inadequate for fully protecting businesses from potential threats. By relying solely on these limited checks, companies may unknowingly hire individuals with concerning histories, exposing themselves to financial, legal, and reputational risks. To truly safeguard your interests, businesses need a more robust and comprehensive approach to background screening.
The Problem with County Criminal Searches
County criminal searches in New York, unlike most states, do not contain comprehensive misdemeanor information. This unique aspect of New York's legal system creates a significant blind spot for businesses relying solely on county-level searches.
In New York, misdemeanor cases are typically handled by local, town, or city courts rather than county courts. As a result, county criminal searches often miss a wide range of misdemeanor offenses, including:
Petit Larceny
Operating a Motor Vehicle Under Influence of Drug or Alcohol
Assault
Criminal Possession of a Weapon
Criminal Possession of a Control Substance
Endangering the Welfare of a Child
The only misdemeanors likely to appear in a county court search are those that started as felony charges and were later reduced through plea bargains. This means that a "clean" county record in New York is far from a guarantee of a candidate's unblemished history. See a list of Missed Misdemeanors CI found that a county search did not.
Consider this scenario: A financial services firm in Albany conducts a background check on a potential hire, relying on an Albany County court search. The search comes back clean, but the candidate has multiple convictions for petty theft in local courts across the Capital District. These offenses, highly relevant for a position involving financial responsibility, remain hidden from the employer.
The potential cost of this oversight is substantial. Beyond the immediate risks associated with hiring someone with a hidden criminal history, there's the financial impact to consider. The Society for Human Resource Management estimates that a bad hire can cost a company up to 50-60% of that employee's annual salary. For a position with a $100,000 salary, common in Albany's financial sector, this could mean a loss of $50,000 to $60,000.
Moreover, the reputational damage from hiring an individual with undisclosed criminal history can be far more costly, especially in industries where trust and integrity are paramount.
By relying solely on county criminal searches, New York businesses are operating with a dangerous gap in their screening process. This unique aspect of New York's court system means that comprehensive background checks must go beyond county searches to include local, town, and city court records. Only then can employers gain a true picture of a candidate's history and make fully informed hiring decisions.
