Criminal Background Check: What You Need to Know Before You Hire

As an employer, you want to ensure that your company operates with the highest level of integrity and trust. This is why a criminal background check is a crucial part of the hiring process. A person's criminal past can provide critical information that can impact their suitability for a job. The process, however, can be complicated and confusing. In this article, we explore the intricacies of criminal background checking by answering some of the frequently asked questions related to it.

What is a criminal background check?

A criminal background check is a thorough search of the state and federal records to determine if an individual has a criminal history. The check is often carried out as part of pre-employment screening, where employers use it to verify the accuracy of a potential employee's resume and assess their suitability for a particular position.

What is included in a criminal background check?

A criminal background check can unearth a broad range of information, including but not limited to:

- Arrests and convictions
- Warrants and sex offenses
- Traffic violations, misdemeanors, and other non-criminal offenses
- Social Security number verification
- Employment and education verification
- Credit checks

It's essential to keep in mind that not all employers carry out the same checks. The types of information included in a criminal background check vary considerably, depending on the job's nature and the organization conducting the screening.

Do I have to get an applicant's permission before conducting a criminal background check?

Yes, and no. Federal law requires employers to seek written consent from job applicants before carrying out a background check. Obtaining this consent helps employers avoid potential legal issues, including possible violations of privacy laws or discrimination laws. In practice, however, some employers might ask applicants to sign the consent forms during the interview process. In such a situation, providing a copy of the completed form is a good practice.

What should I do if I discover an applicant's history of criminal activity?

If you reject a job candidate based on the information gathered from a background check, you need to comply with the Fair Credit Reporting Act (FCRA) regulations. FCRA provides job candidates with specific rights related to pre-employment screenings, including the right to receive a copy of the report and challenge any inaccuracies.

Upon discovering negative information, such as criminal records, the following steps should be taken:

- Document all the reasons for rejection based on the criminal background check result, including the evidence presented.
- Notify the candidate of the adverse decision based on their background check.
- Provide the candidate with a copy of the report and a written explanation of their rights under the law.
- Keep records of the background check results and, if necessary, documentation of the applicant's decision to challenge the findings.

Can I deny employment to candidates with a criminal history?

The short answer to this question is yes, you can. Employers have the legal discretion to reject a job candidate on the basis of their criminal history, provided that the rejection doesn't discriminate against a protected class of people, including minorities, based on their race, national origin, religion, disability, or gender.

Under the Equal Employment Opportunity Commission (EEOC) guidelines, employers should not have a blanket policy that excludes applicants with criminal convictions. Instead, employers should assess these applicants on a case-by-case basis, considering the relevance of the criminal activity to the job's demands.

For example, if you're hiring a driver for a trucking company, you should investigate whether the applicant has previous convictions for vehicular offenses like DUI. However, if you're hiring a receptionist, that shouldn't matter much.

What's the difference between state and federal background checks?

State and federal background checks operate in a similar way. The only difference is the source of information. State background checks usually access criminal records maintained by local law enforcement agencies. These records may have potential discrepancies and limitations depending on the state and may not include federal records.

Similarly, federal background checks provide access to criminal records maintained by federal agencies like the FBI. These records are often considered complete and up-to-date. Federal background checks are more robust and often required for government-based jobs, security clearance, and high-level positions.

How much does a background check cost?

Background check pricing varies significantly based on the provider and the type of check. The costs may range from $20 to $200, depending on the information an employer is seeking.

In Conclusion

Hiring the right candidate is a crucial task that requires careful consideration and due diligence. A criminal background check is one of the crucial elements of the hiring process that offer employers invaluable insight into an applicant's history. It's essential to ensure that the process is fair, consistent, and in compliance with state and federal laws. While the process may involve some legwork, it's a small price to pay to help establish a reliable and trustworthy workforce and avoid future legal or financial problems.