The Nitty-Gritty of Criminal Background Checks

When it comes to hiring, criminal background checks are becoming more and more commonplace. For many employers, it's a crucial tool in the hiring process. After all, nobody wants to bring on someone who could be a potential danger to their company or employees.

But what does it really mean to have a criminal background check? And how do they work?

First of all, let's define what a criminal background check is. Simply put, it's a vetting process that screens an individual's criminal history. This typically includes a review of statewide or national databases, as well as court records, to identify any criminal convictions, arrests, or warrants.

Employers typically perform background checks on potential hires before extending an offer of employment. They do this to ensure their workplace remains safe and prevent potential legal issues down the road.

But what happens if a criminal record pops up?

It's important to know that not all criminal history will disqualify a candidate for a job. The Equal Employment Opportunity Commission (EEOC) has guidelines in place to ensure that employers are not discriminating against someone with a criminal history, just because of their record.

Employers must consider three factors when deciding whether a criminal record should prevent someone from being hired:

1. The nature of the crime
2. The time that has passed since the conviction or the release from prison
3. The nature of the job

For example, a violent criminal conviction would likely disqualify someone from a job that involves working with children. But a non-violent conviction from a decade ago might not be as relevant for a job in accounts payable.

Now, let's dive into the nitty-gritty of how criminal background checks actually work.

Before a background check can be conducted, an individual must sign a consent form. This is required by law and notifies the person being checked that an investigation may be performed.

Once the consent form is signed, the background check provider will gather the necessary information. This typically includes a Social Security number trace (to ensure the applicant is who they claim to be), a record search (to identify any criminal convictions or court judgments), and a sex offender registry search.

It's important to note that types of background checks can vary based on industry or job position. For example, jobs that require driving might require a driving record check, and jobs that deal with finances might require a credit check.

Once all of the information is gathered, a report is generated and sent to the employer. This report outlines any criminal history the candidate might have, and the employer can evaluate whether or not to move forward with the hiring process.

But what happens if there's an error on the report?

It's important for both employers and potential employees to know that mistakes can happen during background checks. In fact, the Federal Trade Commission (FTC) reports that errors are fairly common.

If an error is spotted, the candidate has the right to dispute the information with the background check provider. This process can take some time to resolve, but it's important for the candidate to take action to correct any inaccuracies before it impacts their job search.

In conclusion, criminal background checks are a valuable tool for employers to ensure that their workplace remains safe. However, it's important for both employers and job seekers to understand how these checks work and the role they play in the hiring process. Communication, transparency, and fairness are key to ensuring a positive outcome for everyone involved.