Criminal Background Checks 101: What You Need to Know

When it comes to hiring new employees, conducting a criminal background check has become a common practice for many employers. The process involves searching through public records to find any criminal convictions or pending charges that an applicant may have. But how exactly do background checks work, and what are some important things to keep in mind?

The Basics of Criminal Background Checks

Criminal background checks are typically run by a third-party agency that specializes in the service. Employers will provide the name and other identifying information of the job applicant to the agency, who will then search through various databases to gather any criminal history.

These databases can vary, depending on the level of screening that the employer requests. Some common ones include:

- National Criminal Database: This database collects criminal records from across the country. However, it may not be as up-to-date or complete as state-specific databases.
- County Court Records: Employers may choose to search through the court records of a specific county to obtain the most accurate and comprehensive information on an applicant's criminal history.
- Sex Offender Database: This database tracks registered sex offenders and their whereabouts. Employers may choose to screen for sex crimes specifically, especially if the job involves working with vulnerable populations, like children or the elderly.

Once the background check is complete, the third-party agency will provide a report to the employer that details any criminal records that were found. The employer can then use this information to make an informed decision about whether or not to hire the applicant.

Why Employers Conduct Criminal Background Checks

There are many reasons why an employer may choose to conduct a criminal background check on job applicants. Some of the most common reasons include:

- Safety concerns: Employers have a responsibility to provide a safe working environment for their employees. Conducting background checks helps to identify any potential safety risks posed by an applicant with a criminal history.
- Regulatory compliance: Certain industries may require employers to conduct criminal background checks on all potential hires to comply with state or federal regulations.
- Protecting company assets: Employers may choose to screen for certain criminal records, such as theft or fraud, if the job involves handling valuable company assets or finances.
- Maintaining company reputation: Hiring an employee with a criminal history can damage the company's reputation, especially if the crime is related to the job duties. Conducting thorough background checks can help to prevent this from happening.

It's important to note that not all employers conduct criminal background checks, and not all job positions require them. However, individuals in positions of trust, such as healthcare, education, and finance, are more likely to require a background check as a condition of employment.

What Employers Can (and Can't) Screen For

While employers have the legal right to conduct criminal background checks on job applicants, there are certain limitations to what they can and can't use in the decision-making process.

Under the Fair Credit Reporting Act (FCRA), employers must obtain the applicant's permission before conducting a background check, and must notify them if any adverse action is taken based on the results.

Additionally, employers are not allowed to screen for certain types of information, such as:

- Arrests that did not lead to convictions
- Expunged or sealed records
- Non-criminal offenses (like traffic violations)
- Bankruptcies that are more than 10 years old
- Medical or disability-related information
- Race, ethnicity, or nationality

It's important for job applicants to be aware of their rights when it comes to criminal background checks. If they believe that they have been unfairly denied a job based on their criminal history, they may have legal recourse.

The Potential Downsides of Criminal Background Checks

While criminal background checks can be helpful in identifying potential red flags in a job applicant's history, they are not foolproof. There are several concerns that have been raised about the use of these checks, including:

- Inaccurate or incomplete information: Criminal records databases are not always up-to-date or accurate. This can lead to false positives, where an applicant is wrongly accused of a crime that they did not commit.
- Unfair discrimination: Criminal background checks can perpetuate existing biases and result in unfair discrimination against certain groups of people, particularly those who have been disproportionately impacted by the criminal justice system, such as Black and Latinx communities.
- Economic barriers: Background checks can be expensive, particularly for low-wage jobs. This can create economic barriers to employment for individuals who may have made mistakes in their past but are otherwise qualified for the position.
- Stigma and second chances: Everyone makes mistakes, and criminal background checks can make it difficult for individuals with a criminal history to move on and rebuild their lives. This can perpetuate stigma and make it challenging for people to find employment and rebuild their lives.

Conclusion

Criminal background checks can be an important tool for employers to help ensure the safety of their employees, protect company assets, and maintain their reputation. However, it's important to be aware of their limitations and potential downsides.

As job seekers, it's important to understand our rights when it comes to criminal background checks, and to advocate for fair hiring practices that don't perpetuate existing biases or economic barriers. And as employers, we have a responsibility to use criminal background checks ethically, and to keep in mind that everyone deserves a second chance.