National Employment Law Project

charge had been dismissed and sealed six years earlier. After losing her job, Ms. Vanderpool was
unemployed for four years.
“I lost four years. I lost everything, including my confidence. I’m just now able to contribute
again and support my family, but I could have been so much farther in my career,” said
Vanderpool. Other case stories featured in the report include a port worker denied security
clearance because his FBI background check failed to note that a misdemeanor arrest from 15
years ago did not lead to a conviction.
African Americans are especially disadvantaged by the faulty FBI records system, given that they
are 14 percent of the U.S. population but account for 28 percent of the nation’s arrests, many of
which never lead to conviction. This disproportionate impact was starkly illustrated when the
Transportation Security Administration screened two million workers for clearance to work at
the nation’s ports after 9/11. African-American port workers were more than four times as likely
as whites to challenge the accuracy of their FBI records in appealing the denial of a security
clearance.
“The seal of the FBI supposedly marks these records as official, legitimate, and trustworthy, but
that’s just not the reality,” said Neighly. “Everyone suffers when the records are wrong.
Employers and licensing agencies lose out on qualified workers or suffer delays in filling
positions, but undoubtedly, it’s the workers who are most hurt by these faulty records. And right
now, the burden falls on the workers, not the FBI, to track down the verifying documentation so
they can challenge the denial of a job. It should be the FBI’s responsibility to keep its records
accurate.”
NELP says the FBI already has the capability to ensure its records are complete and accurate
before releasing them for employment and licensing purposes. When the FBI receives
background check requests for gun purchases, it contacts the appropriate federal, state, and local
agencies to obtain any missing disposition information, and is able to clean up two-thirds of
faulty records within just three days of the request. Among its recommendations, NELP is calling
for legislation requiring the FBI to obtain missing disposition information prior to sending
background checks for employment and licensing purposes, as the Brady Law requires for gun
purchases.
Two bills soon will be introduced to address the issue. One, sponsored by Rep. Bobby Scott (D-
VA), the ranking Democrat on the House Judiciary Committee, seeks to clean up incomplete FBI
background checks for employment in all cases, and enjoyed bipartisan support when last
introduced. The second, sponsored by Rep. Keith Ellison (D-MN), focuses on correcting the
records for employment with the federal government and federal contractors.
"This important report illustrates the many examples of the devastating impact that faulty FBI
criminal background checks have on employment and licensing opportunities,” said Rep. Scott.
“Unfortunately, many deserving workers who are qualified for the positions they are applying for
are being denied employment consideration because of faulty FBI records."
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