By Jana Berry
Landlords, whether handling one unit or a hundred units, should always process a criminal records search on their prospective tenants. Criminal records should be checked on ALL applicants, male and female age 18 and older. This is common sense. Even if an applicant looks good on paper a landlord may find some surprising information when processing criminal records.
Case number one:
A female, let's call her Heather, was convicted of Taking the Identity of Another, had three Forgery convictions, Theft by Credit Card Obtained through Fraud, two convictions for Theft/Burglary/Robbery/Embezzlement and a final conviction for False Reporting to Law Enforcement. The criminal records found matched Heather's full name and date of birth. The criminal records also indicated that Heather had eight alias names.
Case number two:
A male, let's call him Bob, showed six convictions for Unauthorized Use of a Vehicle, plus convictions for Failure to Appear, Delivery/Manufacture of a Controlled Substance-Schedule II, Possession of a Controlled Substance-Schedule II, Theft II, Burglary I and finally Bob had four convictions for Theft I.
Case number three:
An applicant, we'll call him Ben, applied for an apartment in a large complex. We discovered Ben was a Registered Sex Offender with convictions for Sodomy III, Sodomy I and Communing with a minor for immoral purposes as well as several other convictions.
On most rental applications forms there is a question asking about criminal records. Our applications specifically ask "Have you ever been convicted of a criminal offense? Yes or No If yes please explain" with a blank afterward for the explanation. There is a secondary question asking "Have you ever been convicted of or pleaded guilty or 'no contest' to a misdemeanor or felony involving sexual misconduct (whether or not resulting in a conviction)? Yes or No." Many applicants with criminal misconduct do not tell the truth by marking No to these questions. Other applicants leave the questions blank believing that if they do not answer the questions they are not telling a lie.
Case number four:
An applicant, let's call him Joe, stated he had no criminal convictions on the rental application. However, Joe actually had a conviction eight years earlier for Attempted First Degree Murder and a second conviction for Aggravated Battery with a weapon that was not a firearm.
Case number five:
Another applicant, we'll call him Tom, left the questions blank on the application. Tom showed a conviction for Possession of a Dangerous Weapon.
There are other applicants who do answer "Yes" to the question about criminal convictions, but then they put down the conviction with the lesser charge and ignore the rest.
Case number six:
This applicant, we'll call him Don, stated that he had a conviction for a suspended license. What we actually found was conviction information matching Don's first, middle and last names as well as his birth date. There was a conviction for Forgery with four follow up times in jail for SRA (Sentencing Reform Act) Violations as well as a conviction for Unlawful Possession of a Firearm 1. The criminal records search on this applicant certainly showed a different story than the rental application form.
Case number seven:
There was an applicant who stated that she had a conviction for shoplifting. Let's call this applicant Marge. While it was true Marge did have a conviction for shoplifting, three convictions in fact, there were two additional convictions for Theft in the Third Degree.
Case number eight:
A different applicant gave as his explanation, "I was young and stupid." This applicant was 38 at the time of conviction.
A landlord is not actually required to have written permission from an applicant for the criminal records check. Criminal records are a matter of public record. However, to process a criminal records search it is mandatory to have the applicant's name and date of birth. The requested search is made and matched on this information. We suggest viewing your prospective tenant's driver's license for verification of the correct spelling of the name and the correct birth date. Make sure that the information on the rental application matches the information on the license.
Case number nine:
The applicant, Tony, provided one date of birth on the application form. This came up clear of criminal records. However, the Washington State driver's license number listed on the application form indicated a slightly different date of birth. We checked that date of birth as well. With that second, correct, date of birth we discovered Tony had convictions for Theft 2, four convictions for Burglary 2, Possession of stolen Property 2, three SRA violations, two convictions for Residential Burglary, Drug Possession, Drugs - Manufacturing/Delivering/Possession.
Everything from drug convictions to kidnap, rape and Murder convictions can be found when criminal records are searched.
Case number ten:
John has convictions for Residential Burglary with a SRA Violation, Drug Possession, Possession of Drug Paraphernalia, Domestic Violence Assault and two Protection Order Violations
Case number eleven:
Jed has convictions for Unlawful Imprisonment, 3 counts of Kidnapping 1 and Assault 2
Case number twelve:
Josephine showed up as having registered as a Sex Offender. Her co-applicant, William was also a registered Sex Offender with additional convictions for Taking a Motor Vehicle without Owner Permission, Burglary 2, Rape of a Child 3 and SRA Violations.
Convicted criminals are not a protected class. It is totally up to each individual landlord as to whether you would rent to a person with criminal convictions or not. Some landlords will take into account how old the conviction/s is; other landlords pay attention to whether the conviction was for a violent or non-violent crime. And still other landlords take notice as to whether the conviction was a one time only occurrence or is a continuing pattern. All of these issues can help you determine what your level of tolerance is. You know where your property is located and what the neighborhood is like. Is it an apartment with lots of neighbors and children or a single family home on its own lot? Only you can make a final decision on renting to an applicant with criminal convictions.
I have over 20 years experience in the tenant screening business and am President of Rental Research Inc. Federal Way WA 98063. Website address: [http://www.researchinc.net]http://www.researchinc.net. With over 14,000 members nationwide Rental Research Inc. aims to meet the needs of all landlords and has been in business since 1978. Jana Berry
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