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Checking Criminal Records

Click Here to find criminal records

You'll need to protect your business from liability by doing criminal checks on applicants who will:

  • be bonded because of access to money or valuables
  • carry a weapon
  • drive a company vehicle
  • have access to drugs or explosives
  • have access to master keys
  • have a great deal of contact with the public, patients, or children
  • be filling a position that requires a criminal record check under state law

Checking criminal records is a sensitive issue.

Restrictions on Criminal Record Checks

There are two types of law that regulate the use of criminal record checks.

Federal Civil Rights Law. Asking applicants to disclose their criminal records may violate their civil rights. Before asking about them, ask yourself:

  • Is there an adverse impact on minority applicants?
  • If there is an adverse impact, is the record check related to the performance of the job or some other business necessity?
  • If there is a business necessity, is there another way to investigate the applicant's background to get around the adverse impact?

State law. Some states restrict checks of criminal records to those employers who are checking for specified reasons. Some states even prosecute employers that violate laws preventing criminal record disclosure. On the other hand, most states prohibit people convicted of certain crimes from holding certain occupations, such as home health worker, daycare worker, teacher, etc.

Checking Conviction Records

We recommend that you check conviction records only if you need to do so to protect your business from negligent hiring claims. Whether you are justified in requesting a criminal record check can be determined from:

  • the type of position being filled
  • the information that you had obtained from the applicant, former employers, personal references, and educational references before you started a criminal record search
  • the ability of your business to bear the cost of the search

Where do you check? The easiest way to check conviction records is to have a private detective agency do it for you. You can also do it by communicating directly with:

  • the state's central repository of records
  • state and local criminal agencies
  • any county in which the applicant may have been living
  • the state's department of motor vehicles for records of driving-related convictions and violations
  • the Federal Bureau of Investigation

Legal considerations. Because conviction records can cover an array of behavior and can sometimes unfairly affect certain groups of people, be sure to:

  • comply with antidiscrimination laws, both federal (if you have 15 or more employees) and state
  • avoid violating state laws that restrict use and disclosure of criminal records or that require you to check conviction records based on the nature of your industry or the type of position you are filling

>>>Click Here to find criminal records<<<

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