Companies are understandably concerned about the safety of their workers and customers as well as their own assets and public image. But today, many employers are finding that the best approach to hiring individuals with criminal backgrounds is not so different from the hiring approach they use for everyone else: to evaluate each candidate on his or her merits. Before hiring a job candidate, screening the applicant’s background helps employers make safe and well-informed decisions about whether they will be a trustworthy and competent employee.
Criminal background checks are often part of this process and may even be required for new hires if your company is in certain regulated industries or serves vulnerable populations, such as children, the elderly, or the disabled. Given that properly accessing and reviewing all of the important sources for an applicant’s criminal history requires extensive time, resources, and familiarity with complex laws and regulations.
When CRAs conduct criminal background checks for employment, they gather and analyze background information from municipal, state, county, and federal criminal records databases for job applicants. The types of information that might be reported include misdemeanor and felony convictions and pending criminal matters. Different searches might produce different records. For example, if an employer only searches a state’s criminal records repository, the employer will only receive information about any convictions and arrests that are contained in the state’s criminal justice system. Employers might instead elect to complete nationwide searches to find criminal record information from multiple states or perform searches in every county and state where an applicant has lived.
Employers who use criminal records in their hiring decisions need to be aware of applicable federal and state laws. Additionally, the Fair Credit Reporting Act (FCRA) governs how employers obtain and handle consumer reports, which include standard background checks. Legal compliance with these laws is key when considering formerly incarcerated applicants for hire.
Several state laws and local ordinances limit the use of arrest and conviction records by prospective employers. Commonly referred to as "ban-the-box" laws, these restrictions prohibit the employer from asking an applicant any questions about criminal records on the employment application or early in the screening process. Other state laws restrict the employer's use of arrest or conviction data in making an employment decision, except in limited circumstances, or the laws may require that criminal history questions be asked only after an offer of employment has been made. Employers should investigate any state or local laws prior to asking about an applicant's criminal history.
Matthew Burr has over 15-years of experience working in the human resources field, starting his career as an Industrial Relations Intern at Kennedy Valve Manufacturing to most recently founding and managing a human resource consulting company; Burr Consulting, LLC, Talentscape, LLC and Co-Owner of Labor Love, a Labor and Employment Law poster printing company. Prior to founding the consulting firm, the majority of his career was spent in manufacturing and healthcare. He specializes in labor and employment law, conflict resolution, performance management, labor, and employment relations. Matthew has a generalist background in HR and provides strategic HR services to his clients, focusing on small and medium sized organizations.
In July 2017, Matthew started as an Associate Professor of Business Administration at Elmira College and was promoted into the Continuing Education & Business Administration Department Liaison role in July 2018. He teaches both undergraduate and graduate level business courses at Elmira College, and successfully designed an HR Concentration in the business management major that is aligned with both SHRM and HRCI certifications. Matthew is also the SHRM Certification Exam Instructor, with a current pass rate of 89% on the SHRM-SCP and 100% pass rate on the SHRM-CP.
Matthew works as a trainer Tompkins Cortland Community College, Corning Community College, Broome Community College, Penn State University and HR Instructor for Certification Preparation for the Human Resource Certification Institute (HRCI). He also acts as an On-Call Mediator and Factfinder through the Public Employment Relations Board in New York State, working with public sector employers and labor unions.
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