Criminal records checks are an important part of the hiring process for many employers. These pre-employment background screens offer insights into an applicant’s history that help employers make informed hiring decisions, protect their workplaces, and build trust among clients, employees, and stakeholders.
Table of Contents
Why Employers Conduct Criminal Records Checks
Employers conduct criminal records checks for essentially two main reasons:
- to assess whether a candidate’s history aligns with the responsibilities and risks associated with a position;
- and to be compliant with rules and regulations in their specific industry.
For roles involving sensitive data, financial transactions, or vulnerable populations, such as children or the elderly, taking a close look at a candidate’s criminal history helps employers mitigate potential risks, which is why criminal checks are mandated in these industries. Failing to comply with background check regulations could result in fines, lawsuits, or reputational damage, not to mention the potential damage to clients, customers, and assets.
What Information is Included in a Criminal Records Check?
A professional criminal records check typically reveals the following:
- Felony and misdemeanor convictions: Records of past convictions, along with the nature and severity of the offense.
- Pending charges: Information about unresolved or active criminal cases.
- Arrest records (in certain jurisdictions): Some regions allow employers to consider arrests that did not lead to convictions, although this practice varies based on local laws.
- Sex offender registry status: Information about whether an individual is listed on a sex offender registry.
- County, state, and federal records: Comprehensive checks may include multiple jurisdictions to provide a thorough report.
Best Practices for Conducting Criminal Records Checks
- Compliance with Laws: Background check compliance is a complicated issue. At a minimum, employers must comply with the Fair Credit Reporting Act (FCRA) and local “ban-the-box” regulations that govern how and when criminal history can be considered. For example, many jurisdictions require background checks to occur only after a conditional job offer has been made. Beyond that, employers may find that other local or industry-specific rules also come into play.
- Adjudication Guidelines: The only way to evaluate all applicants fairly is to develop and apply consistent adjudication standards. Examples include assessing the nature of the offense, its relevance to the job, and the time elapsed since the conviction.
- Transparency with Candidates: Informing applicants about the background check process and obtaining their consent is required by law. But consent also helps build trust; asking a candidate for their consent to conduct a criminal background check lets them know from the start the employer intends to be upfront and transparent. In addition, providing a chance for candidates to explain any findings helps employers further boost the fairness and accuracy of their screening process.
Balancing Safety and Opportunity
Criminal records checks are essential for workplace safety. They’re also equally important for avoiding discrimination and giving qualified candidates with past offenses a fair opportunity. A balanced approach to background screening can help organizations build safe, inclusive, and successful teams.
