Applicants' Rights Applicants have the right to be treated fairly and to have their privacy respected. Service providers are responsible for protecting these rights and therefore may need to establish and implement policies that achieve these objectives. Criminal history databases are not perfect and sometimes a records check will falsely identify a person as having committed a crime. It is best to let the applicant resolve any disputes with the criminal justice agency from which the organization received the information. Until the organization receives a correction from the criminal history records repository, it should assume that the information it received is correct.
Fingerprints are the only positive means of identification.
One way to confirm the identity of individuals about whom the organization receives negative information is to require a confirmation of the applicant's identity through a fingerprint check when the original criminal history records check was not based on fingerprints. Many jurisdictions levy criminal and civil penalties against organizations and individuals who misuse or negligently handle the information obtained through criminal history record checks. Because laws in each jurisdiction may be different, every organization should ascertain from their state's criminal records repository what, if any, legal requirements apply to their custodianship of criminal history information. The absence of specific legal requirements may not relieve a nonprofit of its obligation to protect the privacy of the applicant. Due to the sensitive nature of the information an organization may receive pursuant to a criminal history records check and the fact that it could be incorrect, a nonprofit should take steps to prevent its accidental disclosure.