| More than eighty percent of employers do some | | | | of the most recent counties that the applicant |
| type of background search on new employees. | | | | resided in along with a "national" criminal record |
| I've been in the background screening industry for | | | | database search which contains over 500 million |
| over thirteen years and in that time I've | | | | archived criminal records throughout the country. |
| conducted tens of thousands of these | | | | These "national" criminal databases are great |
| background checks. | | | | secondary searches that provide broad coverage |
| The fact is, one out of eight people have a | | | | although they're far from perfect. Many local and |
| criminal history. If you take into consideration all | | | | federal jurisdictions do not submit information to |
| aspects of a background check such as past | | | | these private databases so they have many gaps |
| employment, education and professional licensing, | | | | in coverage. National database searches used for |
| you'll find that the number of applications with | | | | employment screening do not compare to the |
| (purposeful) misinformation increases to between | | | | actual N.C.I.C. search that the police and F.B.I. use. |
| 35 and 40 percent. | | | | To make matters more difficult for the screening |
| People call our offices all the time to see if we | | | | companies, federal records are kept completely |
| can run a background check on them before their | | | | separate from county criminal records or national |
| potential employer does. They want to know if | | | | database searches. We must access a different |
| that misdemeanor disorderly conduct charge from | | | | system to check for any criminal records located |
| college is going to show up on their record. They | | | | in each of the federal jurisdictions that the |
| want to see what the manager they didn't get | | | | applicant resided in. |
| along with is going to say about them when the | | | | So is it possible that we could miss a criminal |
| new potential employer calls for a reference. | | | | record that an applicant has? Of course we could. |
| Below I've listed some important information that | | | | However, if we locate it, and you did not disclose |
| you should know about your background check | | | | it on the application when asked, you will most |
| and I try to clear up some common | | | | likely be disqualified for falsifying your application. |
| misconceptions. Keep in mind that there is no such | | | | This is true even when the record itself may not |
| thing as a standard background check. Every | | | | have eliminated you from the position. In my |
| company does varying degrees of background | | | | opinion, your best bet is to disclose any criminal |
| checks determined by the position, and based on | | | | record information. |
| what they're willing to spend per applicant on due | | | | Remember that most employers really want to fill |
| diligence. | | | | the position and most don't care if you made a |
| Important Points About Employment Background | | | | mistake more than a few years ago. Many of our |
| Checks | | | | clients request that we not disclose cases that |
| 1) Criminal Records | | | | are older than 7 or 10 years unless they are |
| Read the application carefully. It most likely asks if | | | | felony offenses. |
| you've been convicted of a crime, not arrested. | | | | 2) Past Employment Verifications /Reference |
| There's no need to report arrests that did not | | | | Checks |
| result in convictions if the application does not ask | | | | Past employers are unlikely to criticize you. It's |
| for this information. Many will argue that an | | | | true, believe it or not. Even though you're old |
| employer cannot legally ask if you've been | | | | manager, Doug, may have called you a slacker |
| arrested; however 36 states do allow arrest | | | | three times a week and thought you stole the |
| information to be factored into the hiring decision. | | | | pens from his desk whenever he left the office, |
| Check with your state's department of | | | | chances are that he's not going to disclose that |
| employment security to know for certain. | | | | information. At least not if your old company has |
| Often, people aren't sure if their arrest resulted in | | | | a human resources department. Big companies |
| a conviction. Simply put, if you plead guilty to a | | | | want to play it safe. They don't want to deal with |
| crime, then it is technically a conviction, even if | | | | the ex-employee that doesn't get the next job |
| you received probation or supervision. If you | | | | because of something they said. Standard policy is |
| were found innocent, the case was dismissed, or | | | | to say as little as possible and not state opinions. |
| there was no probable cause, "nolle pros" then the | | | | Most often, when our researchers call a company, |
| case is not a conviction. There are a couple of | | | | they are immediately directed to the HR |
| rare exceptions to this based on individual state | | | | department which will only release the standard |
| laws. | | | | information such as: dates of employment, job |
| Never assume a case has been expunged unless | | | | title, and salary. Occasionally they will disclose if |
| you actually paid an attorney to file for | | | | you are eligible for employment in the future. |
| expungement and it was approved by a judge, or | | | | The exceptions to the rule are small businesses |
| you filed the proper documents yourself. | | | | and legal obligation. |
| Applicants frequently call our office when they | | | | When we call a small business that doesn't have a |
| don't get hired as a result of their background | | | | human resources department or legal counsel, we |
| check and say "I thought that case was | | | | may talk directly to the owner or someone that |
| expunged". If you did not go through the | | | | worked directly with the applicant. In this situation |
| procedure of filing for an expungement and have | | | | we tend to get far more detail, which could be |
| it approved, then the record is still available to see. | | | | positive or negative. If you left a small business |
| Employers are NOT limited to 7 years on a | | | | on bad terms, and you have to list them as a |
| criminal record search. Some states have their | | | | reference to avoid a big gap in your employment |
| own Fair Credit Reporting Act rules that limit what | | | | timeline, it may suit you to provide an explanation |
| crimes are reportable past seven years, often | | | | to your potential employer. They will most likely |
| based on the position and how much it pays. By | | | | still call the past employer, but at least you've |
| federal F.C.R.A. standards, however, a conviction | | | | taken the time to clarify what happened and they |
| can be reported indefinitely. The "7 year rule" | | | | will know that any negativity expressed in the |
| usually applies to arrests that did not result in a | | | | report may be more emotional than factual. |
| conviction. Nevertheless, arrests are not indicators | | | | The other exception is the legal / ethical obligation |
| of guilt, so an employer should not disqualify you | | | | an employer has if you were terminated due to |
| based on an arrest without further inquiry as to | | | | illegal or outright dangerous behavior. The past |
| the circumstances. | | | | employer can be open to civil litigation if they do |
| Even a conviction does NOT automatically | | | | not disclose that you harmed someone, acted |
| disqualify you from employment. The crime must | | | | negligently or committed a crime that caused |
| have a direct relationship with the job you are | | | | your dismissal |
| applying for. (The U.S. Equal Opportunity | | | | 3) Credit Checks |
| Commission states that employers must weigh a | | | | Contrary to popular belief, an employment credit |
| variety of elements when factoring convictions | | | | report will NOT negatively affect your credit |
| into hiring decisions. These include the nature and | | | | score! |
| severity of the offense, the time that has | | | | A pre-employment credit report provides the |
| elapsed, and whether the offense has any relation | | | | employer the exact same information as a |
| to the position advertised.) For example, a | | | | consumer credit report that an auto dealer or |
| conviction for writing bad checks should not | | | | bank might run when obtaining a loan. However, a |
| disqualify an applicant from driving a forklift. | | | | pre-employment credit report does not display |
| However, a conviction for aggravated assault | | | | your credit score. Employers are not allowed to |
| could disqualify an applicant from almost any job | | | | pass judgment based on your credit score. |
| that they would be working directly with other | | | | The main purpose of a credit report is to be a |
| people. It's up to the discretion of the employer in | | | | gauge of potential irresponsibility and propensity |
| this case | | | | towards theft. For example, if you have extreme |
| Question: Will any criminal conviction record in my | | | | amount of debt due to credit card balances and |
| file be located no matter the place or year of | | | | several accounts in collection status and you're |
| occurrence? | | | | applying for a job managing cash, you could be |
| Answer: No, but that doesn't mean you shouldn't | | | | seen as a high risk for internal theft. Likewise, if |
| disclose it. A common misconception about | | | | you're applying to be a financial advisor and your |
| criminal background checks is that they're really | | | | credit report clearly shows your incapacity for |
| easy and quick to do. Thanks to T.V. shows like | | | | managing your own money, they're unlikely to |
| C.S.I, people tend to think that you type a name | | | | trust you with their client's money. |
| into a computer and out pops every criminal | | | | If you're turned down for a job after undergoing |
| infraction ever committed anywhere in the | | | | a background check, the company you applied |
| country. | | | | with should provide you with a pre-adverse action |
| The fact is, employers and background | | | | letter stating you might not be hired due to |
| investigation companies cannot access the N.C.I.C. | | | | something discovered during the background |
| system that the police and F.B.I. use unless the | | | | check, as well as provide you a copy of the |
| job requires a fingerprint check that gets sent to | | | | report. If they don't, be sure to ask for a copy. |
| the F.B.I. electronically. | | | | The background screening company is required to |
| Our standard method of determining where to | | | | provide a toll free number to their offices in case |
| search for criminal records is by running your | | | | you have questions or want to dispute a finding. |
| social security number through our databases | | | | Most credible background screening companies will |
| which provides us the locations you've resided for | | | | act quickly to re-check any information you |
| the last ten to twenty years. This also informs us | | | | dispute and correct the report if necessary. |
| of maiden names that may be associated to you. | | | | The more you know about the background |
| It's then determined by the background screening | | | | screening process going in, the better your |
| package (already in place) how in-depth the | | | | chances of providing complete information without |
| research will be and how far back the criminal | | | | fear of shooting yourself in the foot. Always |
| record check will go. | | | | remember, the employer isn't out to get you, but |
| As a background screening company, we would | | | | their priority will always be protecting themselves |
| be thrilled it if every client company of ours could | | | | from liability and obtaining a quality employee. So |
| afford to have us search every jurisdiction that | | | | emphasize the good, explain the bad and don't try |
| the applicant ever lived, but that's not usually the | | | | to cover up a mistake as it could do more harm |
| case. We generally search between one and three | | | | than good! |