Understanding Criminal Record Checks and Their Role in Employment Screening

March 24, 2023

When it comes to hiring new employees, ensuring a safe and secure workplace is a top priority for HR professionals and business owners. Criminal record checks play a crucial role in the pre-employment screening process, helping employers make informed decisions about potential hires. In this week’s blog, we'll delve into the world of criminal record checks, discuss their importance in employment screening, and provide tips for effectively utilizing this essential tool.

What are Criminal Record Checks?

A criminal record check is a search conducted to determine if an individual has a criminal history. This can include convictions, arrests, pending charges, or even dismissed cases. It is a vital component of pre-employment screening that helps employers evaluate an applicant's suitability for a particular job role. Criminal record checks can be conducted at various levels, including local, state, and federal.

Why are Criminal Record Checks Important in Employment Screening?

Workplace Safety: Conducting criminal record checks can help employers ensure a safe work environment for their employees. By identifying potential risks, employers can take necessary precautions to protect their staff and clients from potential harm.
Legal Compliance: Many industries require criminal record checks as part of their hiring process to comply with federal, state, and local regulations. For instance, employees in childcare, education, healthcare, and financial services often must undergo background checks to maintain industry standards and protect vulnerable populations.
Reputation Management: Hiring individuals with a criminal history can potentially damage a company's reputation. Criminal record checks help mitigate these risks, ensuring that the company maintains a positive image in the eyes of customers, partners, and the public.
Reducing Liability: If an employee with a criminal history causes harm or damages while on the job, the employer may be held liable for negligent hiring. Thorough background checks, including criminal record checks, can help protect employers from potential lawsuits and financial losses.

How to Conduct Criminal Record Checks

Obtain Consent: Before conducting a criminal record check, it's essential to obtain written consent from the applicant. This is required by law in most jurisdictions and helps protect the privacy of the individual.
Choose a Reputable Screening Provider: Partnering with a trusted and accredited background check provider is crucial for obtaining accurate and reliable results. Look for a provider with experience in the industry, a strong track record of compliance, and a commitment to customer service. Avoid the temptation to use a free or cheap online “people search” service. These companies are almost never FCRA certified and often give outdated or even inaccurate information.
Determine the Appropriate Scope: Depending on the job position and industry, the required scope of a criminal record check may vary. Consult with your background check provider to determine the right level of screening for your specific needs, which may include county, state, federal, or even international searches.
Understand the Limitations: Be aware that criminal record checks may have limitations, such as incomplete records or jurisdictional restrictions. It's crucial to understand these limitations and work with your screening provider to obtain the most comprehensive results possible.
Fair Hiring Practices: When evaluating a candidate's criminal history, it's essential to follow fair hiring practices, such as the Equal Employment Opportunity Commission (EEOC) guidelines. Ensure that your hiring decisions are based on job-related criteria and that you consider factors like the nature of the offense, time elapsed, and rehabilitation efforts.

Criminal record checks are a vital part of the employment screening process, helping employers make informed decisions to maintain a safe and secure work environment. By understanding the importance of criminal record checks, choosing a reputable screening provider, and following fair hiring practices, HR professionals and business owners can mitigate risks and protect their organizations from potential harm.