THE FBI’S RAP BACK program is quietly transforming the way employers conduct background checks. While routine background checks provide employers with a one-time “snapshot” of their employee’s past criminal history, employers enrolled in federal and state Rap Back programs receive ongoing, real-time notifications and updates about their employees’ run-ins with law enforcement, including arrests at protests and charges that do not end up in convictions. (“Rap” is an acronym for Record of Arrest and Prosecution; “Back” is short for background.) Testifying before Congress about the program in 2015, FBI Director James Comey explained some limits of regular background checks: “People are clean when they first go in, then they get in trouble five years down the road [and] never tell the daycare about this.”
A majority of states already have their own databases that they use for background checks and have accessed in-state Rap Back programs since at least 2007; states and agencies now partnering with the federal government will be entering their data into the FBI’s Next Generation Identification database.