We ran across this unfortunate case in Florida pertaining to background checks. A college had hired an accomplished man to serve as communications director late last year. At the time of his hiring, he had been charged three times for indecent exposure. This criminal history was not discovered by the school’s background check process.
The background check run early this year through the Florida Department of Law Enforcement’s (FDLE) Criminal History Services, came back clean, stating “no relevant criminal records.”
Regrettably, public records showed that the man had been charged three separate times with first-degree misdemeanors for “exposure of sexual organs.” The charges stemmed from incidents last year at a Florida mall where female employees at different clothing stores alleged the man exposed himself and, in one case, did so in a fitting room.
Here’s where the background check mistake happened. Rather than arresting the man, the local sheriff’s office filed non-arrest affidavits. Thus, those charges did not involve arrests or fingerprints and the FDLE background search did not pick them up.
Such limitations are actually acknowledged on FDLE’s website, stating results may return “no record” if the person “has never been arrested or fingerprinted for a serious offense in Florida.”
But a basic search of the county’s clerk of court records would have easily turned up all three cases. Sadly, nothing in the candidate’s personnel file suggests the college checked that source.
It should be noted the candidate has pleaded not guilty to the three misdemeanor charges and requested a jury trial, which has been scheduled for May. His attorney has stated his client takes medications that cause compulsive behavior and hypersexuality that have caused him to “behave in a manner inconsistent with his established character.”
The man has an impressive resume, to include serving as a spokesperson for a state representative and a communications director for a former presidential candidate.
He was officially offered the college position in December, contingent on his legal authorization to work in the U.S. and the completion of a background and employment verification check.
His employment verification was completed on the same day he started work, but his background check wasn’t submitted until a month later.
In April, the man was arrested by a Florida sheriff for a charge stemming from an incident in which he allegedly stopped his vehicle while wearing nothing but a T-shirt and exposed himself to a woman after asking her for directions. He was fired by the college the following day.
Local news programs soon uncovered the three previous arrests for indecent exposure.
The lesson here? No matter how impressive a job candidate’s resume may seem, always check those county clerk court records. And did we mention? That is GroupOne Background Screening’s area of expertise.
Please do not hesitate to contact us should you have questions.