A criminal background check should be performed on any new hire because last year more than 6 million people in the United States were in prison, jail, on probation or on parole and a large part of the crimes committed by repeat offenders. Run a criminal background check should be seriously considered when in doubt about the past of someone. Keep in mind that you or your company be liable if someone employ commits a crime at work and can be found had a criminal record that you could not research.
Criminal background check is a delicate matter, but to protect your business from liability is best to perform a criminal record check that applicants will be:
be connected because of access to money or valuablescarry a weapon a company vehiclehave access to drugs or explosiveshave access to master keys have a large amount of contact with the public, patients or childrenbe fill a position that requires a criminal record check by State lawThere are two types of law governing the use of checks of criminal records.
Federal civil rights Law.Ask candidates to disclose their criminal records can violate their civil rights. Before asking about them, ask yourself:
There is a negative impact on minority applicants? If there is adverse impact, record verification is related to the performance of work or some other business need? If you have a business need, there is another way to investigate the background of the applicant to circumvent the adverse impact?Rule of law. Some States restrict checks of criminal records for employers who are looking for specified reasons. Some States even prosecute employers who violate laws preventing the disclosure of criminal record. On the other hand, the majority of Member States prohibit people convicted of certain crimes from holding certain professions, such as home health worker, teacher, nursery work, etc.
We recommend that you check records of conviction only if you need to do it to protect your business against claims of negligent hiring. If you are justified in requesting a criminal record check can be determined from:
the type of position being filled in the information that you obtained from the applicant, personal references, former employers and educational references before you start a criminal record your company's ability to bear the costs of researchWhere you check? The easiest way to check records of conviction is to have a private detective agency to do it for you. You can also do it to communicate directly with:
central repository of State State and local agencies records no crime County in which the applicant may have been the Department of motor vehicles of the State for records of convictions livingthe related to conduct and violations of the Federal Bureau of InvestigationLegal considerations.How conviction records can cover an array of behavior and can sometimes unfairly affect certain groups of people, don't forget:
in accordance with anti-discrimination laws, both federal (if you have 15 or more employees) and State avoid violating state laws that restrict the use and disclosure of criminal records or that require that you verify the conviction records based on the nature of your industry or type of position you are fillingRoutine checking detention records is not allowed. An arrest record alone is not proof that the applicant has committed a crime.
If you have permission to check the records of arrest, to refuse employment of an arrest record, you must:
consider the relationship of the charge of possession for the applied position fordetermine the likelihood that the applicant actually committed the alleged conduct in prisonIf the arrest is related to the position, you must also:
Look around circumstances offer the applicant an opportunity to explain to do follow-up surveys to assess the credibility of the applicantGenerally, candidates do not even have to disclose any information concerning the arrest or criminal charges that resulted in conviction.
Some States have laws that guarantee the candidates and employees certain protections against criminal disclosure based on privacy concerns.