There are several reasons for conducting a criminal background check. These background checks protect against discrimination, reveal pending criminal cases, and make better hiring decisions. In addition, they are not considered an invasion of privacy. As a result, employers are often required to run a criminal background check on their applicants. This article will cover the benefits of this type of investigation. In addition, we’ll cover how to get one without triggering any suspicion.
Background Checks to Prevent Discrimination.
In addition to employment discrimination, housing providers may use criminal history as a screening criterion when deciding on an applicant. While this practice may seem harmless enough, it is often the cause of discrimination, especially for people who have been incarcerated. Moreover, people with criminal records will likely face continued penalties outside the courtroom, making them a significant barrier to housing. As the Fair Housing Act recognizes, racial and ethnic disparities in the criminal justice system can cause disproportionate burdens on the protected classes.
It is important to note that a criminal history does not necessarily indicate a candidate’s worth. Minor criminal contacts, such as petty theft, can negatively impact a person’s chances of being hired for a position. The private sector has little oversight of the criminal justice system, making criminal conviction checks fraught with errors and mismatches. Because of this, the Equal Employment Opportunity Commission has warned against using arrest data to screen applicants for employment or housing. As a result, employers may reject applicants based on the arrest without conviction, even if there is no proof of criminal activity. On the other hand, landlords may reject applicants based on a criminal record without a chance to ask for evidence.
Reveal Pending Criminal Cases.
Pending charges may appear on a background check, but this doesn’t always happen. As a result, this information can be incomplete or inaccurate. Nonetheless, refusing to hire someone with a criminal record could be considered discrimination and result in a lawsuit. Therefore, employers should check the applicable state employment laws before hiring someone and consult a labor attorney.
While criminal record checks are convenient, they are not entirely accurate. Sometimes, the information found in the report may be outdated or incomplete. This is particularly true of state courts, which do not update their data as quickly as other courthouses. In addition, an arrest may appear on a criminal background check, but its outcome may be unknown, or it may be a diversion program or released without charges. If this happens, the person may have a history of reoffending, and you won’t know until later.
Employers Make Better Hiring Decisions.
While using criminal records in the hiring process is not new, employers should be aware of the potential consequences of not doing so. Employers must protect applicants by complying with federal and state laws that prevent discrimination. Under Title VII of the Civil Rights Act, employers cannot mistreat applicants based on criminal histories. In addition, the Michigan Elliott-Larson Civil Rights Act prohibits employers from discriminating against applicants based on their race, age, weight, and familial status.
In addition to protecting employees and your brand, conducting a criminal record check can help employers make better hiring decisions. While banning the “ban the box” policy is a welcome step in achieving an equal playing field for all job candidates, it is essential to remember that there are still many reasons to conduct a criminal record check on a prospective employee. Using a criminal record check to vet a candidate can also help avoid costly lawsuits and damage to your company’s brand.
Invasion of Privacy.
Generally, people don’t consider Criminal Record Checks an invasion of privacy. They’re done with a consenting citizen’s permission and are often used by prospective employers. While criminal records are public, they’re difficult to access compared to other kinds of public information. To obtain a copy of a person’s criminal record, you must visit the courthouse where they were convicted. Unfortunately, there are thousands of such courthouses across the country.
The courts have limited the right to privacy of corporations, partnerships, and unincorporated associations. However, in some cases, disclosure of private information is permitted for newsworthy purposes, such as divorce decrees. Generally, a privacy intrusion action is not recoverable by a family member. However, the law allows for recovery through the misappropriation of a person’s name or likeness.
They are quick
While you may think that criminal record checks are easy to perform and cheap, there are a few caveats:
- It would help if you understood that national crime databases are not primary sources of criminal history data. Instead, they pull information from several sources, including criminal history databases and different levels of court records.
- You should know that these databases may not be 100% accurate.
- If you are looking for the quickest criminal background check for employment, you must know that fingerprinting is not the answer.
There are a few ways to run a background check, but the best way to ensure your prospective employee isn’t a person with felony is to do a criminal record check. Federal background checks, for example, can be done in one day. On the other hand, national background checks search across all 94 federal courts in the United States. They will also look at state criminal records, which are more detailed. Most employers will run both federal and state forms.
Easy to Request.
The average criminal record check takes one to five days to complete. This time frame depends on the type of search requested but can range from hours to a few days. Basic investigations can be completed within an hour, while more complex searches take a few days because they use manual records and 3rd parties. Moreover, you can also file a paper application if you don’t have a credit card.
The legal requirements for conducting a criminal background check vary from state to state and city to city. Depending on your jurisdiction, you may have to obtain a different form for each job applicant. Also, the language and conditions of these checks change annually. Therefore, you must update them or risk fines and lawsuits. Thankfully, requesting a criminal background check is relatively straightforward, and many companies have simplified the process so it’s easy for businesses to perform their background checks.
