Background Checks Remain Critical in a Ban-the-Box Environment; States

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Recent implementation of Ban-The-Box legislation in New London, CT, illustrates the need for on-going diligence regarding compliance with laws governing the use of background screening. ”The need for on-going and continued compliance with background screening is paramount and recent laws implementing Ban-The-Box illustrate the urgent need for companies and organizations to remain in diligent with the legal use of background checks,”," states Adam Almeida, President and CEO of

Criminal Background Records

Criminal Background Records

In the end it is critical employers know when they can utilize a criminal history report, especially as the trend toward Ban-the-Box legislation continues to gain momentum.

Illustrating the heightened pace of Ban-The-Box legislation, the town of New London, CT added its name to a growing list of Municipalities and States that are implementing Ban-the-Box legislation.

From (Sep. 03, 15):

An apparent nationwide movement to eliminate a section in municipal job applications that asks about prior criminal history has been approved in New London. (1)

Ban-the-Box legislation eliminates the inclusion of questions regarding criminal history on initial applications.

Adam Almeida, President and CEO of states: "It is important to note that Ban-the-Box changes move the timing of when a question about criminal history can be asked. That is a vital distinction that hiring managers must keep in mind during the pre-employment process."

A criminal history report remains one of the most valuable tools an employer can utilize in making hiring decisions. Regardless of when the question is asked, criminal history information can protect employers and the general public.

Recently, in Pittsburg, PA several subcontractors were denied entrance to a construction area on school property.

From (Sep. 01, 15):

A total of 21 roofers failed criminal background checks and were barred from jobs on school property in the North Allegheny, Fox Chapel and Montour school districts. (2)

Almeida states: "Ban-the-box legislation is valuable in opening paths to employment."

The primary goal of Ban-the-box is to take away the stigma of the criminal records question as well as aid individuals getting a fair assessment of skills and a second chance from past indiscretions.

From (Aug.15, 2015):

Ban the box laws increase the number of people who find work in two ways... First, if employers consider an applicant's skills and experience before seeing a criminal record, they will be more likely to consider hiring that person. Second, if people with criminal records know they will be evaluated on their skills and experience, and not automatically disqualified because of their history, they will be more likely to apply for jobs. (3)

Ban-the-Box legislation in the employment screening process allows the question of criminal record after the application process and after an initial offer of employment has been made, but one must also take into consideration the applicability of a criminal history query as based on the position in question.

Almeida states: "With Ban-the-Box legislation the use of criminal history remains complicated. Certainly the timing of a potential query has changed but so has the lawful use of criminal history as it applies to a given position. And, certain areas of employment remain exempt from Ban-the-Box legislation."

Given the complex nature of Ban-the-Box legislation employers should utilize a third-party background screening company in order to remain compliant with all current laws governing the use of public records.

Almeida states: "In the end it is critical employers to continuously remain diligent with compliance with the overall use of background screening reports as well as when said reports can be utilized, especially as the trend toward Ban-the-Box legislation continues to gain momentum." is a third-party background screening company. With an experienced staff and the ability to stay current with laws and regulations governing background screening, working with is a smart move for companies large and small.



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Dan Adams
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