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Index
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Search the TRUTH about anyone:
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Check CRIMINAL RECORDS.
We perform criminal record searches anywhere in the United States and the World.
Wouldn’t you like to know if someone you are in contact with has a criminal record:
ex husbands
New boyfriends
Fiance
Business partners
Pre-Employment screening
And much, much more...
Checking Criminal Records
You'll need to protect your business from liability by doing
criminal checks on applicants who will:
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be bonded because of access to money or valuables
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carry a weapon
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drive a company vehicle
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have access to drugs or explosives
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have access to master keys
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have a great deal of contact with the public, patients, or
children
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be filling a position that requires a criminal record check
under state law |
Checking criminal records is a sensitive issue.
Check CRIMINAL RECORDS
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:
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Is there an adverse impact on minority applicants?
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If there is an adverse impact, is the record check related to
the performance of the job or some other business necessity?
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If there is a business necessity, is there another way to
investigate the applicant's background to get around the adverse
impact?
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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:
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the type of position being filled
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the information that you had obtained from the applicant,
former employers, personal references, and educational
references before you started a criminal record search
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the ability of your business to bear the cost of the search
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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:
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the state's central repository of records
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state and local criminal agencies
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any county in which the applicant may have been living
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the state's department of motor vehicles for records of
driving-related convictions and violations
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the Federal Bureau of Investigation
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Legal considerations.
Because conviction records can
cover an array of behavior and can sometimes unfairly affect
certain groups of people, be sure to:
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comply with antidiscrimination laws, both federal
(if you have 15 or more employees) and state
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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
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Checking Arrest Records
Routine checking of arrest records isn't permitted. An arrest
record alone is not proof that an applicant committed a crime.
In the event that you are permitted to check arrest records,
in order to deny employment on the basis of an arrest record,
you must:
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consider the relationship of the arrest charge to the
position applied for
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determine the likelihood that the applicant actually
committed the conduct alleged in the arrest |
If the arrest is related to the position, you must still:
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look at surrounding circumstances
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offer the applicant the chance to explain
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make follow-up inquiries to evaluate the applicant's
credibility |
Generally, applicants do not even have to disclose any
information concerning arrest or criminal charges that did not
result in conviction.
A number of states have laws
that grant applicants and employees certain protections against
criminal disclosure based on privacy concerns.
Check CRIMINAL RECORDS
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How Do You Do a Background Check?
After you've collected
information about applicants and done several interviews,
you're ready to
check the background of your most promising candidate.
Because so many people misrepresent their background and
credentials, it is important to do at least a little checking to see
if what the applicant says about his or her background is true. A lot
of employers don't do any checking, and they often regret that
decision. The applicant may be unqualified for the job, or may have
some personality trait or past experience that causes problems for you
later.
Moreover, if your applicant will have contact with other employees
or with customers, an important reason to do that checking is to avoid
negligent hiring claims. If you have an employee who turns violent
and harms either a customer or another employee, you could be slapped
with a lawsuit if reference checking would have kept you from hiring
that person.
If you have employees who have or will have significant contact
with the public, customers, patients, or children, you'll want to be
particularly careful about doing a thorough background check,
including a check of criminal records to the extent permitted by law.
For more information on how to do a proper background check,
consider the following:
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general
guidelines for reference checks
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employment
references
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personal
references
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education
records
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credit
reports
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driving
records
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criminal
records
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documenting
the reference check
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Background Check |
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