How Missed Misdemeanors Cost NY Businesses Millions

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.

The Impact of Missed Misdemeanors

While misdemeanors are often considered less serious than felonies, their impact on businesses can be significant and far-reaching. When these offenses slip through the cracks of inadequate background checks, employers face a variety of risks that can affect their bottom line, workplace safety, and reputation.

Common misdemeanors that pose substantial risks to businesses include:

Theft and Fraud: Even minor convictions for shoplifting or petty theft can indicate a propensity for dishonesty. In roles with access to company funds, inventory, or sensitive financial information, these traits can lead to significant losses.

Substance Abuse: Convictions for drug possession or driving under the influence may signal ongoing substance abuse issues. These can result in decreased productivity, increased absenteeism, and potential safety hazards in the workplace.

Assault and Disorderly Conduct: These offenses might indicate a tendency towards aggression or an inability to manage conflict appropriately. In customer-facing roles or team environments, such behaviors can create a hostile work atmosphere and increase liability risks.

Trespassing and Vandalism: While seemingly minor, these offenses can suggest a disregard for rules and property. In roles requiring trust or handling of valuable assets, these traits could be particularly problematic.

The financial impact of these missed misdemeanors can be substantial. Beyond the potential for direct theft or fraud, businesses may face increased insurance premiums, legal fees from workplace incidents, or costs associated with high turnover if problematic employees need to be terminated.

Reputationally, the stakes are even higher. In the age of social media and instant communication, a single incident involving an employee with a hidden criminal history can quickly escalate into a public relations crisis. This is especially true in industries like finance, healthcare, or education, where public trust is paramount.

Moreover, missed misdemeanors can erode workplace culture and morale. If employees discover that a coworker has a hidden criminal history that went undetected, it can lead to distrust in management and feelings of insecurity among staff.

In New York's competitive business environment, where talent acquisition and retention are crucial, the impact of even a single bad hire due to missed misdemeanors can ripple through an organization. It can lead to increased recruitment costs, lost productivity during repeated hiring processes, and potential damage to client relationships if service quality suffers.

By understanding the true impact of missed misdemeanors, it becomes clear that comprehensive background checks are not just a legal formality, but a critical business practice. In New York's unique legal landscape, where county searches alone are insufficient, employers must adopt more thorough screening processes to protect businesses, employees, and customers from these often-overlooked risks.

Your Solution: Comprehensive Background Checks

Given the unique challenges posed by New York's court system, Commercial Investigations offers a robust solution: truly comprehensive background checks that go far beyond standard county searches. Our approach is designed to provide employers with a complete picture of a candidate's history, closing the gaps left by traditional screening methods.

Cursory Indicator New York™ (CI NY) is our proprietary New York state criminal record history search that provides comprehensive coverage at a fraction of the cost of traditional methods. Here's what makes our solution stand out:

Cost-Effective: CI NY offers results comparable to the New York State Office of Court Administration's (NYS OCA) state criminal search at just a third of the cost. This can lead to dramatic savings for your business.

Comprehensive Coverage: Unlike county-level searches, CI NY includes local, town, and city criminal record data, as well as federal criminal record information. This ensures you're not missing crucial misdemeanor data that often slips through the cracks of county searches.

Rapid Results: CI NY takes only 2-4 hours to complete on most searches, with additional measures, when needed, taking just 1.5 business days on average - well below industry standards.

By utilizing Cursory Indicator New York™, you're not just ticking a box—you're actively protecting your business while optimizing your budget. You'll gain peace of mind knowing that you have a complete understanding of your candidates' histories, allowing you to make truly informed hiring decisions.

Our solution turns the background check process from a potential liability into a powerful tool for risk management and quality hiring. In a business landscape where a single bad hire can have far-reaching consequences, CI NY provides the thorough, efficient, and cost-effective screening that New York employers need and deserve.

For more detailed information, we invite you to download our Cursory Indicator NY™ whitepaper or watch our informational video about the advantages CI NY can bring to your hiring process.

Secure Your Business with Comprehensive Background Checks

In New York, relying on county criminal searches alone leaves your business exposed to significant risks. As we've explored, the unique structure of New York's court system means that crucial information about misdemeanors often goes undetected in traditional background checks.

The consequences of these oversights can be severe—financial losses, increased liability, damaged reputations, and compromised workplace safety. In today's fast-paced business environment comprehensive background checks aren't just a luxury—they're a necessity.

But knowledge is power, and that's where we come in. Our comprehensive background check solution is designed to close these critical gaps, providing you with the complete picture you need to make informed hiring decisions.

Take action today to protect your business:

Schedule a Free Consultation: Let our experts assess your current hiring process and identify vulnerabilities specific to your industry.

Access Our Resources: Dive into our library of white papers, webinars, and case studies to stay informed about the latest trends and best practices in hiring.

Hear from Our Clients: Read success stories from businesses that have transformed their hiring processes with our comprehensive checks.

Don't leave your hiring decisions to chance. Call us at (518) 271-7546 or visit www.commercialinvestigationsllc.com to schedule your free consultation.

Remember, what you don't know about your employees can hurt your business. Let us help you build a trustworthy, capable workforce that will drive your company's success. Your business deserves the security and peace of mind that comes with truly comprehensive background checks.