A host of background screening options are available to employers as they strive to make responsible and informed hiring choices about job candidates seeking employment with their organization. One major and indispensable tool is the criminal background check, which differs from an employment verification check in that it focuses on reporting all relevant information related to crimes for which an applicant has been tried, charged, or even convicted.
Although some industries and fields legally require criminal background checks for any new hires, it’s important for all employers to understand the benefits and scope of criminal background checks. In this article, we’ll explain what information is revealed in a criminal background check, the laws that impact criminal background checks, and how these checks can be used to improve your organization’s hiring practices.
The Scale and Benefits of a Criminal Background Check
Even employers who operate businesses that are not required by law to complete criminal background checks may request information from local, state, county, and federal criminal records repositories (one, some, or all). Most employers opt to extend beyond local, county, and state searches only, particularly if an applicant has lived in multiple states. Nationwide databases can also be used to broaden the search footprint. They can complement local, state, or county searches, identifying information regarding everything from outstanding warrants, pending charges, probationary records, and periods of incarceration, as well as documented misdemeanor and felony convictions.
Although circumstances vary, most pre-employment criminal background checks will collect information from a range of sources, including the following:
- County, state, and federal records, which offer up-to-date information regarding convictions and/or pending cases
- National private database inquiries, which reveal information across all states and jurisdictions when available
- Sex offender registries, which alert employers if an applicant is a registered sex offender anywhere in the country
When employers receive the results of a check, they are granted access to information regarding the date and type of offense, including whether it was designated as a misdemeanor or felony. Information regarding the date and nature of the disposition, as well as information regarding a settlement or sentencing, is also provided in these reports. Generally speaking, minor fines and citations do not appear on these criminal background checks.
Although criminal background checks can reveal clear and useful information regarding convictions, when reports include information regarding pending charges or arrests, employers should carefully consider this pre-conviction information as an unverified indication of guilt or innocence. In fact, in certain states and jurisdictions, it is illegal for employers to make a hiring decision based on an arrest history or non-conviction. We’ll explore these and other legal considerations in the next section.
Laws, Regulations, and Limitations Affecting Criminal Background Checks
Local, state, and federal laws all impact the limitations placed on criminal background checks and what can be fairly used to influence a hiring decision. As one example, under the Fair Credit Reporting Act (FCRA), employers offering a position that pays less than $75,000 annually may not request or access information that is more than seven years old regarding liens, bankruptcies, non-conviction arrests, as well as civil judgements or lawsuits. For positions that pay more than $75,000 annually, however, these same restrictions do not apply, and employers may legally access and consider this information. Similarly, employment or education verification screenings are not subject to these FCRA restrictions.
In certain states, select categories of arrest and conviction records (such as drug- or property-related misdemeanors or felonies) can be expunged after a designated period of time without subsequent criminal convictions or under other legal conditions. When a record has been expunged, it becomes inaccessible to employers in the applicable jurisdictions and is considered off limits as a factor for consideration in the hiring process. Regarding other local and state regulations, some jurisdictions enforce “ban the box” practices that bar employers from asking questions about a candidate’s criminal history early in the job application process. Some jurisdictions also prevent employers from using a non-conviction arrest as a factor in job hiring.
In addition to municipal and state regulations that impact access to records and how information can be used in the hiring process, the Equal Employment Opportunity Commission (EEOC) operates to ensure that information from an applicant’s criminal history is not used to discriminate on the basis of race, ethnicity, gender, disability, and other factors. Violation of federal regulations, including the FCRA regulations we discussed earlier, can lead to severe fines, penalties, and the prospect of an additional civil suit on the part of the job applicant.
Fortunately, working with a qualified background screening provider majorly mitigates the risks of noncompliance with municipal, state, and federal laws and allows employers to utilize criminal background checks to make responsible and timely hiring decisions.
Comprehensive Criminal Background Screening with The Orsus Group
When employers manage their criminal and other background screening processes manually, they often receive inaccurate or incomplete information that gives them a fragmentary picture of an applicant, stalls the hiring process, and risks noncompliance with the laws that apply to their jurisdiction.
The Orsus Group partners with your organization to provide comprehensive background screenings, mitigate risk exposure, and support each stage of your hiring process. Ready to stay informed and legally compliant while hiring top talent for your organization? Contact us today to start our collaboration.