Costly litigation and insurance claims against a business or organization can occur if the employer fails to conduct an adequate pre-employment criminal history background check. Hiring people that bring harm to the public, fellow employees or the company can be one of the costliest mistakes a business can make.
A 2014 Bureau of Justice Statistics report looked at recidivism and found that “two-thirds (67.8%) of released prisoners were arrested for a new crime within 3 years, and three-quarters (76.6 percent) were arrested within 5 years.”
However, an interesting study conducted by Carnegie-Mellon University determined that people with most types of criminal records who had remained arrest free for eight years or more were no more likely to commit a crime than those who had never been arrested. Click Here
If, after conducting an employment background check, a business or other organization hires or offers a volunteer position to an individual with a history of certain criminal convictions, the employer may find themselves liable for negligent hiring.
Not all employment screening services background checks are the same.
A quality pre-employment background screening check must first have the means of determining where the applicant has actually lived. Often, a very different address history than the one supplied by the applicant. Our social security address history trace determines an applicant’s address history going back several years.
Then, the background check must able to search the maze of county, state and federal criminal record repositories to find and report accurate information to the employer.
For an example of an applicant with a Federal criminal record but no state or county arrest record, Click Here.This record would not have been found without a check of the separately maintained Federal criminal records systems which contains about 10 per cent of all arrest records.
A thorough employment background search may prove to be an employer’s best defense in a negligent hiring lawsuit.
Employers and Licensees are urged to consult with their legal and insurance advisors concerning the potential for lawsuits and the importance of conducting a proper and FCRA compliant criminal history employment screening background check.
HOW TO CONDUCT A CRIMINAL HISTORY BACKGROUND CHECK
REVIEW THE EMPLOYMENT OR VOLUNTEER APPLICATION
Frequently people do not disclose prior states or counties of residence especially if they had contact with law enforcement in those states or counties.
This is why professional background checks are so important. Our employment screening process gives us access to an applicants address history throughout the country. This enables us to check state and county records not on an employment application.
UNLESS PROHIBITED BY LAW, IF CRIMES ARE REPORTED BY THE APPLICANT PRIOR TO SCHEDULING AN INTERVIEW, HAVE PROSPECTIVE EMPLOYEE OR VOLUNTEER PROVIDE A DETAILED, WRITTEN, SIGNED EXPLANATION CONCERNING EACH SUCH CRIME.
BE SURE TO LET THE EMPLOYMENT SCREENING COMPANY KNOW OF ANY SUCH DISCLOSURES SO THEY KNOW EXACTLY WHERE TO LOOK IN ORDER TO VERIFY THE RECORDS DISCLOSED BY THE APPLICANT.
A. If a prospective employee does not disclose a guilty or “no contest” criminal conviction or plea on the employment /volunteer application, the licensee must independently confirm that the prospective employee has no conviction by obtaining and assessing criminal history background records.
B. If the prospective employee discloses a guilty or “no contest” criminal conviction or plea on the employment /volunteer application , the licensee must independently determine whether the prospective employee/volunteer disclosure is accurate and complete.
This is done by obtaining and assessing criminal history background records. If the prospective employee/volunteer has disclosed a guilty or “no contest” criminal conviction or plea on the employment application, the licensee is expected to obtain a detailed written and signed explanation of the circumstances of each charge and disposition from the prospective employee/volunteer before proceeding to “Step Two.”
OBTAIN ARREST AND CONVICTION RECORDS FOR ASSESSMENT:
THIS IS A MULTI-STEP PROCESS
In order to comply with the FCRA, employment screening companies must verify the most current information concerning court records before they can report them to prospective employers.Frequently people do not disclose prior states or counties of residence especially if they had contact with law enforcement in those states or counties.
This is why professional background checks are so important.
All of our reports are FCRA compliant
Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody forms and releases to be completed online by the applicant.
We provide several short videos to easily acquaint you with the system.
This really does make the background check process fast and easy.
Call Us now at 800-459-3034 and begin ordering instant driving records and background checks within minutes or:
A price list will be promptly e-mailed to you.
FOR MORE INFORMATION CALL ANYTIME
Disclaimer None of the information contained in this web site should be construed as legal advice. All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.