Photo by Ben White on UnsplashPhoto by Ben White on Unsplash
In today’s competitive job market, employers often rely on comprehensive background checks to make informed hiring decisions. One essential component of this process is the pre-employment criminal history record check. However, interpreting these checks can be a nuanced task. Let’s explore how to decipher the results of a pre-employment criminal history check and what steps to take next.
Understanding the Report:
- Criminal Offenses: Criminal history checks typically list any criminal offenses associated with the candidate. These may include convictions, misdemeanors, or felonies. Take note of the details, including the nature of the offense, date, and jurisdiction.
- Disposition: Look for the disposition of each offense. Was the candidate convicted, acquitted, or were charges dropped? A conviction doesn’t necessarily disqualify a candidate, but it’s essential to assess the circumstances.
- Severity and Recency: Assess the severity and recency of the offenses. A minor, non-violent offense from many years ago may be less concerning than a recent, serious crime.
The Role of Company Policy:
- Policy Alignment: Review your company’s hiring policies. Ensure they align with the nature of the offenses. For some roles, strict background requirements are critical, while others may permit more flexibility.
- Individual Assessment: Consider a case-by-case evaluation. Consult with the candidate to understand the context of the offenses. They may have a valid explanation or be able to demonstrate rehabilitation or personal growth.
Legal Considerations:
- Ban the Box Laws: Be aware of any local, state, or federal Ban the Box laws that restrict inquiries into criminal history during the early stages of the hiring process.
- Adverse Action Compliance: If you decide not to hire a candidate based on their criminal history, follow the adverse action process, which includes notifying the candidate of your decision, providing a copy of the report, and explaining their rights.
Balancing Risk and Fairness:
- Job Relevance: Assess the relevance of the criminal history to the job. It’s essential to strike a balance between risk management and providing opportunities for candidates with past convictions.
- EEOC Guidance: Ensure your practices comply with the Equal Employment Opportunity Commission (EEOC) guidelines. Avoid blanket policies that automatically exclude candidates with criminal records.
Post-Decision Communication:
- Candidate Notification: Communicate your decision to the candidate, explain the reasons behind it, and allow them to provide any additional context or information.
- Appeal Process: Establish an appeal process. Candidates should have the opportunity to address inaccuracies in the report or present evidence of rehabilitation.
- Record Keeping: Maintain thorough records of the entire process, including the background check results, your assessment, and the final hiring decision.
Continuous Monitoring:
The interpretation of a criminal history check should not be confined to the hiring process. Establish a procedure for continuous monitoring of existing employees, especially in roles with safety and security considerations.
Closing Thoughts
Interpreting a pre-employment criminal history check is a critical aspect of the hiring process. It’s a task that necessitates a balanced approach, considering company policies, legal requirements, and the nature of the offenses. By carefully assessing each candidate’s criminal history and implementing a fair and consistent process, employers can make well-informed and responsible hiring decisions that benefit both the company and the candidates involved.
