BACKGROUND CHECKS THAT COME BACK WITH CONVICTIONS

A post-offer, pre-employment background check is a sound business practice to ensure you hire employees that contribute to a safe and productive work environment.  However, a potential employee’s criminal conviction should not necessarily automatically bar them from employment.

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

(3) 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

What is “Ban The Box” All About?

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. 

What is 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 workers with criminal records, they open their doors to a highly diverse population of qualified workers from various backgrounds, education levels and socioeconomic statuses

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.

Laws and Regulations

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).

https://www.eeoc.gov/laws/guidance/enforcement-guidance-consideration-arrest-and-conviction-records-employment-decisions

https://www.ftc.gov/tips-advice/business-center/guidance/background-checks-what-employers-need-know

https://www.eeoc.gov/laws/guidance/enforcement-guidance-consideration-arrest-and-conviction-records-employment-decisions#VIII