Criminal Background Checks: What You Need To Know

Whether you’re a business owner, employer, landlord, or even a parent, conducting a criminal background check on someone may be a necessary step to ensure safety and security. Criminal background checks can provide vital information about a person’s past, including any criminal convictions, arrests, or other criminal records. However, conducting a criminal background check can be a sensitive issue, which raises many questions about privacy, law compliance, and ethical concerns. In this article, we’ll explore what criminal background checks are, how they work, and what you need to know before conducting one.

##What is a Criminal Background Check?

A criminal background check is a screening process that involves searching public records and other resources to obtain information about a person’s criminal history. The process typically includes searching for records at the local, state, and federal levels. Criminal background checks can be conducted for various purposes, including pre-employment screening, tenant screening, volunteer screening, and even personal use, such as checking out a new roommate or dating partner.

##How Do Criminal Background Checks Work?

A criminal background check typically involves searching public records, such as court records, police reports, and other criminal justice databases. Employers and other organizations may use third-party background screening companies to conduct the checks. The screening companies use search algorithms to search for any criminal records, including any arrests, convictions, or other criminal history.

In some cases, criminal background checks may also include other types of screenings, such as credit checks, drug tests, and employment verifications. However, these additional types of screenings may be limited or prohibited by law, depending on the purpose of the check and the nature of the job or position.

In general, conducting a criminal background check involves several steps:

1. Obtain permission from the individual. In most cases, organizations must obtain written consent from the individual before conducting a criminal background check.

2. Gather information about the individual. The organization must provide the individual’s full name, birthdate, and social security number, as well as any other relevant information.

3. Conduct the search. The screening company will use search algorithms or other methods to search for any criminal records associated with the individual.

4. Verify and report the results. The screening company will verify the accuracy of the information and report the results to the organization. The organization can then make an informed decision about the individual based on the results.

##What Do Criminal Background Checks Reveal?

Criminal background checks can reveal a range of information about an individual’s criminal history. Some of the information that a criminal background check may reveal include:

1. Criminal convictions. This includes any past criminal convictions, including misdemeanors and felonies.

2. Arrest records. This includes any past arrests, whether or not the individual was convicted.

3. Warrants. This includes any outstanding warrants for the individual’s arrest.

4. Sex offender registry. This includes whether the individual is listed on the national sex offender registry.

5. Driving records. This includes any past violations or suspensions of the individual’s driver’s license.

6. Credit history. This may include any past bankruptcies, liens, or other credit-related issues.

7. Employment history. This may include verifying past employment dates and positions held.

##What Are the Legal Requirements for Conducting a Criminal Background Check?

When conducting a criminal background check, employers and other organizations must comply with various legal requirements, including federal and state laws. Some of the legal requirements for conducting a criminal background check include:

1. Obtaining written consent from the individual. Before conducting a criminal background check, employers and other organizations must obtain written consent from the individual.

2. Adhering to Fair Credit Reporting Act (FCRA) requirements. The FCRA outlines specific requirements for employers who use third-party screening companies to conduct criminal background checks.

3. Complying with federal and state anti-discrimination laws. Employers must ensure that their criminal background check policies and practices do not discriminate against protected classes of employees.

4. Following state and local laws. Some states and localities have specific laws and regulations regarding criminal background checks.

##What Are the Ethical Considerations When Conducting a Criminal Background Check?

While criminal background checks can provide valuable information, they also raise ethical and moral concerns. Some of the ethical considerations when conducting a criminal background check include:

1. Fairness. Criminal background checks may unfairly impact those who have been convicted of past crimes, even if they have since rehabilitated.

2. Accuracy. Criminal background checks may contain inaccurate information, which can harm an individual’s reputation and career prospects.

3. Discrimination. Criminal background checks may disproportionately impact individuals from marginalized communities and perpetuate systemic discrimination.

4. Privacy. Criminal background checks may reveal sensitive information about an individual’s personal life, which may violate their right to privacy.

##What You Need to Know Before Conducting a Criminal Background Check?

Before conducting a criminal background check, it’s important to consider the following:

1. Consult with a lawyer. Consult with a lawyer to ensure that your organization’s criminal background check policy complies with all federal and state laws.

2. Obtain written consent. Before conducting a criminal background check, obtain written consent from the individual.

3. Be mindful of accuracy. Be mindful of the accuracy of the information provided by the criminal background check and provide the individual with an opportunity to dispute any inaccurate information.

4. Consider the relevance of the information. Consider the relevance of the criminal history information provided by the criminal background check, as it may not necessarily be a predictor of future conduct.

As you consider conducting a criminal background check, remember that it’s vital to protect the safety and security of your workplace, tenants, or family. However, it’s equally important to be mindful of legal requirements, ethical considerations, and the relevance and accuracy of the information obtained. By conducting a fair, accurate, and careful criminal background check, you can make informed decisions that promote safety and support positive outcomes for everyone involved.