Blog, Resources
According to the U.S Department of Justice’s Bureau of Justice Statistics (BJS), over 90 million individuals, approximately 30% of the population in the country, have a criminal record on file in state criminal history repositories.
This statistic does not include traffic infractions (e.g., improper turns, parking violations, failure to stop, some speeding violations, among others) which are the most common form of infractions and also do not appear in criminal records (when they are paid, or the court citation was fulfilled), because traffic tickets are classified as infractions and are considered non-criminal offenses.
Misdemeanors (e.g., Driving Under Influence (DUI), disorderly conduct, use of controlled substances, simple assault, among others) are more serious offenses than infractions and appear in criminal records. In some circumstances, a misdemeanor can escalate to a felony. Felonies are the most serious types of crimes (e.g., DUI that causes injury, serious bodily injury or death, murder, robbery, aggravated assault, rape, among others). Like misdemeanors, felonies also appear in the criminal history on file in state criminal history repositories.
Criminal records vary from one-time arrest, where charges may be dropped completely, to violent, serious, and lengthy criminal histories. The BJS statistics show that the majority of arrests are for non-violent and minor offenses, only 4% of the arrests are for felonies, and most arrests, both misdemeanors and felonies, do not end in a conviction.
According to the Society for Human Resource Management, nine out of ten employers run criminal background screens on applicants as part of their hiring process. Employers require consumer reports in order to ensure a safe work environment for employees and to assess the overall trustworthiness of the job candidate. Background screenings also reduce theft, embezzlement and other criminal activity. Some background screenings are required by state law for a position such as a teacher or licensed medical practitioner. Employers are not only protecting the company’s reputation but are also reducing the risk of legal liability for negligent hiring. Thus, in the selection process, some companies reject applicants who have criminal charges.
Employers should be aware that it is highly likely that consumer reports may have negative information about the applicants. In these instances, a greater understanding is important to dispel some employers’ myths or paradigms. “The fact of an arrest does not establish that criminal conduct has occurred. Arrests are not proof of criminal conduct. Many arrests do not result in criminal charges or the charges are dismissed,” according to the Equal Employment Opportunity Commission (EEOC). By contrast, records of convictions of crimes will usually serve as sufficient evidence that a person engaged in improper conduct.
Finding a point of balance and justice between millions of people with criminal records at the time of getting a job and the legitimacy of the employers to not consider an applicant for employment based on their criminal records, has become a great challenge. The law, jurisprudence, and institutions like the EEOC have all weighed in on this situation.
First, the Fair Credit Reporting Act restricts Consumer Reporting Agencies (CRA’s) reporting any non-convictions older than 7 years, unless the applicant is expected to earn 75,000 or more annually [15 U.S.C. 1681c (a) (2) (5)]. Some state laws and local ordinances also restrict CRA’s from reporting non-convictions regardless of age.
Thereby, the large number of applicants who have criminal records are not marked for life because non-convictions (records of arrest and certain adverse information) are not reflected in the consumer reports with the passage of some years and may not be reported at all. These restrictions create a point of balance between employers and applicants with criminal records. For employers, they can still know relevant information about the applicant, like convictions, and for the applicants because not all the information about their criminal history may be disclosed. SELECTiON.COM® works diligently on compliance with federal and state law regarding these restrictions.
Second, the jurisprudence has cited three factors that employers shall seriously consider in their hiring policies when the applicant has a criminal record (Green v. Missouri Pacific Railroad, 549 F.2d 1158, 8th Cir. 1977). The three factors are; the nature and gravity of the offense or conduct; the time that has passed since the offense, conduct and/or completion of the sentence, and the nature of the job held or sought.
Finally, the EEOC has consolidated and updated enforcement guidance regarding the use of arrest or conviction records in employment decisions. The guide describes two types of discrimination in employment decisions, disparate treatment and disparate impact. According to the EEOC, disparate treatment means “a violation may occur when an employer treats criminal history information differently for different applicants or employees, based on their race or national origin.” For its part, disparate-impact liability may occur when “an employer’s neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII and may violate the law if not job-related and consistent with business necessity,” the guide explains.
It is very important for decision-makers, hiring officials, and managers to know the law, jurisprudence, and the EEOC enforcement guidance to allow employers to make hiring decisions appropriate and equitable, without engaging in discrimination.
In conclusion, employers are challenged to provide this large number of individuals the opportunity to apply, be considered, and hired for a job. In the end, it is in the employer’s hands to analyze the seriousness of the applicants’ conduct and create a balance between an opportunity and responsible hiring.
This article gives a general overview of the legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your own legal counsel for all applicant approval matters.
Blog
What is the most crucial thing a background screening provider can offer? It’s challenging to narrow it down to just one. Although the report is essential, there are more valuable qualities that companies need to consider. The factors that make up a proper background screening provider are compliance, price, quality data, turnaround time, and customer service. With these multiple elements working together, you have a positive experience and confidence in your hiring process.
It’s crucial to choose a background screening provider that brings real value to your company.
Compliance
One reason why a company conducts background checks is to avoid a risky hire. A reputable background screening company makes compliance a priority for you.
Background check companies should be the expert in federal, state, and local laws on employment screening, including the Fair Credit Reporting Act. They should offer you up-to-date disclosure and authorization forms, along with pre-adverse and adverse action letters.
Price
The phrase “you get what you pay for” applies to background checks too. Ask yourself if the lowest price is the best option. Although it is necessary to keep your budget in mind, it’s critical to run quality and up-to-date background checks.
When evaluating for a background screening provider, be sure to compare reports of similar quality. Sometimes less expensive background checks are missing critical data, which can be concerning. Find out if your screening provider is searching through multiple sources of data to compile a complete report on your candidate. Since background screenings are a vital component of hiring, the value they bring to your company should be more important than the cost.
Quality Data
Database searches can be a valuable tool when used alongside other background check reports. Keep in mind that database searches are not a comprehensive stand-alone background check report. Quality providers offer other sources to help ensure an in-depth search for records in addition to a database.
Although there are standard federal regulations, states can have their restrictions on reporting crimes in a database. Some states also restrict case details provided to a database, and some won’t release any information at all to a database. Direct searches are a source of revenue for some state and local governments, so they won’t release information in a database. Using the database search with a county criminal background check is the best way to have an in-depth report on a candidate.
Turnaround Times
You want to make sure that the background check has quality reporting and is done in a timely manner. The typical turnaround time for a background check is two to three days. In the United States, there are over 3,000 counties or county-equivalents each with their court record database. The turnaround time to obtain the search results varies from county to county, depending on the technology used. Although some counties have online databases, some still use ledger books or microfilm for storage of court records. Results can take longer in counties that are clerk-assisted. A quality background check provider should keep you apprised of any unexpected delays.
Customer Service
Some companies consider customer service one of the most valuable qualities for a background screening provider. Having customer service representatives that are highly trained and qualified to answer your questions are essential qualities. Customer service doesn’t end after a phone call or online chat is over. It’s about the overall experience that you receive from the background check provider.
At SELECTiON.COM®, our customer support team is all in-house, along with our IT department. Customer support is available from 8 a.m. to 8 p.m. (EST) Monday through Friday, via phone or Chatrax® our online chat system.
Background check companies should keep you informed on the background screening industry standards. Through monthly newsletters, blog posts, and emails, a background screening company should share essential updates, court closings, background check news, and relevant industry information. The more knowledge you have, then the better your hiring process will be.
Overall Value
What is vital for your company’s hiring process? While compliance, price, quality data, and customer service are all crucial components of a background screening program, the most important thing is your partnership with your provider.
Make sure your overall experience with your background check provider is more valuable than just a report.
Contact us today to see how SELECTiON.COM® can take your employment background check process to the next level.
This article gives a general overview of the legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your own legal counsel for all applicant approval matters.
Blog
New technology helps companies to go
beyond pre-employment checks and allows for the monitoring of current employees
for concerning behavior. Continuous monitoring is a real game-changer for
employment screening and adds immeasurable value to any employer. While some
industries are mandated to do periodic screening, there are more companies than
ever embracing some form of continuous background check.
Continuing compliance with the Fair
Credit Reporting Act (FCRA), the Equal Employment Opportunity Commission (EEOC)
guidance and applicable state laws is essential. Employers will need to
familiarize themselves with these regulations before starting a continuous
monitoring program.
Continuous monitoring programs can
help to make workplaces and communities safer. Listed below are five questions
an employer should keep in mind when implementing an ongoing monitoring program
with a third-party background check company.
Will your hiring and employment policies need to be amended?
The simple answer, yes. Ask yourself what type of report that will be run and add this to your policy. What procedures will you follow after receiving the results of the report? Consult with legal counsel to remain within jurisdictional regulations.
When should you seek authorization and consent?
The FRCA mandates that employers must obtain the job applicant’s consent before running a background check. State laws dictate the language that is required on a background check authorization form. If the applicant signs the Release and Authorization form during the hiring process, this document works for background checks at any time. However, it is essential that every time the employer wants to run a background check for their employees, that they make sure the release form still complies with the current FCRA regulations. If the release form is no longer compliant, a new form will need to be obtained for continuous monitoring.
How do I make sure the information reported is accurate?
A third-party background screening company runs a quality check to verify the information. At SELECTiON.COM®, precise searches are returned almost immediately, and all searches returning with records are reviewed manually by our experienced research team to reduce false-positive results and to ensure accuracy. In those cases, the average turnaround time is two to three hours, during regular business hours – Monday thru Friday, 8 AM to 5 PM.
How often should I re-screen current employees?
Quarterly Watch® by SELECTiON.COM® combines our Search America® national criminal database with background check automation. Employers can re-check their employees to verify that no illegal activity has occurred since hiring. Most of our clients choose to re-screen every three months, while others prefer annual and semi-annual checks.
What action can be taken from the record?
Employers
should follow procedure after receiving the background check report. According to the EEOC, an
employer cannot act or base employment decisions solely on arrest or incarceration
records. However, new criminal activity may lead to an investigation to
understand the details and other circumstances surrounding the event. After the
independent investigation, it is up to the employer to make a disciplinary
decision regarding the specific employee.
When an employer finds a criminal record
on a background check run pre or post-hire that causes the applicant to be
rejected or terminated, they must follow the FCRA mandated adverse action
policy. This process gives applicants and employees the opportunity to review
and dispute the information in the report. Your legal team should determine how
this policy applies to continuous monitoring and what the procedure should be for
the employers regarding suspension, discipline, or termination of an employee.
The Quarterly Watch® product by
SELECTiON.COM® has proven to be a great asset to many companies. Out of over
one million Quarterly Watch® searches ran by SELECTiON.COM® in the past
year, 949 employees/volunteers had criminal hits. The Quarterly Watch®
report
catches criminal activity before it becomes an issue for your company.
Contact
us today to add Quarterly Watch® to
your company’s background screening process.
This article gives a general overview of the legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your own legal counsel for all applicant approval matters.
