If you don’t know what you’re getting into when you hire a new employee, you’re not doing your job properly and an applicant’s criminal history should be checked out before they are hired, but what should HR do with the results? What if an applicant omits or misrepresents certain facts in their application?
Background Checks for Employers: Rights and Responsibilities
If an employee harms someone at work, hiring managers may be held legally accountable for not undertaking criminal Background Checks, however, some jurisdictions make it illegal to deny an application based simply on a criminal background regardless of the situation, human resources representatives face a difficult challenge.
This situation can be used to the advantage of the company by comparing business or work duties to the sort of offense discovered during a pre-employment background investigation and companies want to hire the most qualified candidate, regardless of whether or not that person has a criminal past.
It is allowed to deny employment based on a person’s criminal record if it has a direct influence on their ability to perform their work duties as for example, if a person has been convicted of a narcotics felony, they may be unable to work in a pharmaceutical warehouse.
Every person should be evaluated fairly, even if they have committed crimes in the past, however, this should not come at the price of consumers, employees, or the firm as a whole, and to make that call, you need a rigorous and exhaustive Criminal Background Checks.
Employer Perspective on Background Checks for Criminal Records
Candidates self-report their background and history, including any crimes or convictions, when submitting a job application and if they are dishonest, they fear losing their work rather than any legal problem, even years into the future, an inaccurate application can still lead to dismissal if you are seeking to earn the trust of a new company.
Employers can’t always rely on the honesty of all applicants and a criminal past carries a certain stigma, and some persons may be embarrassed to self-report, it’s natural to be apprehensive in this scenario, so as an HR professional, always run a criminal history check.
As long as the crimes aren’t reported on the application, they’re fine!
Reporting one’s history is fraught with peril when filling out an application, some offenses do not necessitate a police record; however, the specifics differ from state to state. In some cases, a candidate may not be compelled to disclose a criminal record even if a background check reveals a positive result and to determine the policies that apply by contacting local & state agencies or the employment board.
It is not necessary to report an arrest that does not have an active or pending conviction on an application, furthermore, if a crime has been tried but the court has yet to rule, it does not need to be listed.
Specific standards are also set forth by some states based on the nature of the crime, whether it was committed on the basis of a felony or a violation, whether it occurred a long time ago, and whether or not the individual has been rehabilitated.
A thorough criminal background check is a must for hiring managers who want to make the best decisions possible.
