HIRING

BACKGROUND SCREENS
Reports That Come Back With Convictions

Background Checks are a sound business practice, however, a job candidate with a  criminal conviction should not necessarily stop you from hiring them. 

HERE’S WHAT TO CONSIDER

The Type of Job Applied For

Certain positions in an organization pose different kinds of risk, obviously some pose a higher risk than others. Does the position involve?

  • Cash handling
  • Financial transactions
  • Managing confidential data
  • Managing identity or personal information
  • Direct contact with the public, minors, at-risk or vulnerable populations
  • Driving
  • Inventory management
  • Unsupervised working conditions

The Scope of Conviction Record

A conviction is an adjudication or formal judgment of guilt in a criminal case. Convictions are reportable on a background check past the 7 year scope per FCRA guidelines; however, certain states have restrictions on reporting convictions.

(1) The time that has passed since the conviction

(2) The number/frequency of convicted offenses

(3) Age at the time of conviction

Nature of Offenses

Employers should take into account the nature and gravity of the offense with factors such as:

  • Felony Convictions (reviewed up to 7 years from disposition date)
  • Serious / repeated misdemeanors
  • Violence / Abuse
  • Resisting Arrest
  • Terrorist threats
  • Weapons Possession
  • Theft / Fraud
  • Sex crimes
  • Drug Possession / Trafficking
  • DUI / Driver’s License Suspension
  • Active Bench Warrants / Pending Cases

HAVE YOU CONSIDERED PUTTING
A FAIR CHANCE HIRING POLICY IN PLACE?

Fair Chance Hiring

Fair chance hiring is a concept that everyone, regardless of their background, has the right to be fairly assessed for a role they’re qualified to fill.  Here are some of the major benefits of fair chance hiring practices:

Larger Talent Pool:
Businesses that practice fair chance hiring have more qualified and diverse candidates in their talent funnel.

Reduced Turnover:
Recent studies show employees with criminal records are more loyal to employers than others.

Increased Diversity:
When businesses consider hiring workers with criminal records, they open their doors to a highly diverse population of qualified workers from various ethnic backgrounds, education levels and socioeconomic statuses.

Make a Positive Impact in Someone’s Life
Fair Chance hiring practices is just that…a fair chance. Many previously incarcerated individuals will have gaps in their resume and may require additional onboarding or training. However, as an employer you have the opportunity to enable folks who want it, a chance to potentially change their lives.

CLICK HERE for more on Fair Chance Hiring 

Laws and Regulations Concerning Background Checks

EEOC Non-Discrimination
Any time you use an applicant’s background information to make an employment decision, you must comply with federal laws that protect applicants and employees from discrimination. These laws are enforced by the Equal Employment Opportunity Commission (EEOC).  Click here for more information.

FCRA Rules
In addition, when you run background checks, you and the background screening vendor you use, must comply with the Fair Credit Reporting Act (FCRA). The Federal Trade Commission (FTC) enforces the FCRA.  Click here for more information.

“Ban The Box” 
Ban the box laws have been enacted in been enacted in 33 states and more than 150 cities and counties. The federal government embraced “ban the box” measures for federal agencies and contractors.

“Ban the Box” laws have two elements.  First, employers are prohibited from having  criminal-history questions from employment applications. Second, Depending on the jurisdiction, ban-the-box laws may regulate when an employer can run a background check. 

Click here for additional Guidance from the EEOC on considering hiring someone with a criminal conviction

In Conclusion

The most conservative approach to run a background check is after a conditional offer of employment has been made.  Allow candidates to disclose voluntarily, up front if they have criminal convictions and  anything they wish to disclose concerning their particular situation.  Inform candidates why the organization require background checks and review carefully the nature of any noted convictions from reports. 

In addition you are still looking for a candidate that has the:

  • Skills
  • Competencies
  • Experience
  • Motivation To Be There
  • A desire to learn and contribute

…and a Reference that can personally or professionally vouch for someone

Need advice?  Talk to an HR Professional about “Ban the Box,” Evaluating Background Check results, Fair Chance Hiring and what’s best for your company. 

CLICK HERE TO CONTACT US

DISCLAIMER
WorkForce411 LLC is not a law firm, and does not provide legal representation and does not give legal advice.  Any recommendations presented are intended as generally informative in alignment what is considered “Best Practices” in the HR profession.   WorkForce411 makes no warranty, either expressed or implied, as to any recommendations listed herein.  Readers and browsers of this site should act on,  or refrain from acting on,  employment related decisions based on counsel from a State Licensed Labor Attorney.  ASK HR Subscription holders can submit a ticket to my|HR|counsel to contact an Attorney as needed.