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Purpose Of The Audit

According to a statement from the office of the Arizona Auditor General, criminal justice agencies have a shared responsibility for ensuring their repository includes accurate and complete criminal records. They noted that if this does not happen, public safety could be put at risk.

The Auditor General reviewed Arizona’s criminal records repository to determine if it was maintained in compliance with statutory requirements. Results were made available in September 2021.

Key Findings

A document that provided highlights about the audit noted:

1. The department that manages the repository is required to “collect, store, and disseminate complete and accurate criminal history records for any individual arrested and/or charged in Arizona with any felony offense or a misdemeanor offense only involving driving under the influence (DUI), a sexual offense, or domestic violence.”

2. Some fingerprint-based offenses and disposition records may be missing. Around 17% of the felony offense records reviewed from four law enforcement agencies could not be found. These included 17 charges for aggravated assault.

3. A random sampling of 30 records found that 12, or roughly 40%, had been adjudicated, but those dispositions were not included.

4. Although it is not expressly permitted, the department maintains thousands of misdemeanor records. The auditor noted that if these offenses are inconsistently included, that could inequitably impact employment decisions.

Key Audit Recommendations

Arizona’s Auditor General also made some suggestions on how to improve the issues:

1. The Department should maintain a complete criminal history records repository that includes all statutorily required offense records and their associated dispositions by continuing to research, correct, and/or enter offense records it has received; developing and implementing a formal process for regularly requesting missing offense records; and periodically sending a list of offense records missing dispositions and requesting criminal justice agencies report any dispositions they have to the central repository.

2. The Legislature should consider whether all fingerprint clearance card precluding offenses and any additional misdemeanor offenses should be reported to and included in the central repository.

Read more.

The Importance Of Accurate, Current Records

This audit serves as a reminder that it is essential for organizations to only review current, accurate records when making employment decisions. If an employer hires someone based on a background check that is missing criminal records for violent or other serious offenses, that could potentially put the business, staff and public at risk.

It is equally important to avoid data that cannot be considered when making hiring decisions. Background checks should not contain records that are:

• Outdated.
• Expunged.
• Otherwise not publicly available.

Running Background Checks

Employers order background checks to create safe work environments and make informed decisions. While many criminal records are minor or not relevant to most job openings, some may warrant denial of employment. Hiring managers should review all relevant data so they can conduct due diligence.

If you need background checks for employment, please contact us. Our experienced team can help you customize screening packages for any position. We are available to assist you Monday through Friday from 5am to 6pm PT.