Criminal Records in Hiring Remains Challenge-Policies Must Stay Current, States

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“The fair and legal use of Criminal Records in pre-employment background screening continues to be an ongoing challenge for hiring managers and employers insomuch that they must remain diligent with compliance and the ongoing threat of legal action by the EEOC (Equal Employment Opportunity Commission).” Across the country new laws and regulations continue to change the landscape of pre-employment background screening and the use of criminal records.

Criminal Background Records

Criminal Background Records

The rapid change to the hiring market demands that all employers should work with a third-party employment screening company. At a minimum to review current policies in place and ensure best-practices are followed.

“The fair, legal, and lawful use of criminal background records continues to challenge employers across the country due to recent Ban-the-Box legislation as well as other laws such as Prop 47 in California,” states Adam Almeida, President and CEO of The use of criminal records remains a helpful tool in pre-employment background screening, but on-going changes in law continue to confuse employers.

Owning a criminal record creates challenges for individuals seeking employment.

From (Sep. 04, 16):

Getting arrested or convicted of a crime is bad, but as a recent Penn study points out, the long term effects of having a criminal record can make it even worse. (1)

Almeida adds: “A criminal record is a difficult thing to overcome, especially in employment. With pre-employment screening employers are trying to develop a picture of how a candidate will succeed and criminal background checks used to be a large part of that assessment.”

Over the years the use of background records as part of the hiring process has changed.

Ban-the-box is a movement in the United States working to eliminate the use of criminal history as part of the application process.

From (Aug. 14, 16):

Lawmakers and government agencies aim to provide applicants with a fair chance at employment by eliminating conviction history inquiries in background checks, interviews, and applications. Over 100 cities and counties nationwide have adopted similar initiatives to prevent employers from inquiring about and then rejecting applicants from positions based on their criminal history. President Obama has even endorsed the hiring reform, requiring that federal agencies delay inquiries into criminal records. (2)

Almeida states: “The rapid change to the hiring market demands that all employers should work with a third-party employment screening company. At a minimum to review current policies in place and ensure best-practices are followed. Working with a well-qualified background screening company will greatly assist an employer with avoiding potential costly mistakes.”

There are other options in the marketplace that assist those with convictions with reentry to employment.

In California Prop 47 has opened the door for many non-violent offenders to reduce their convictions from felonies to misdemeanors.

From (Sep. 01, 16):

Though some states have reclassified certain felonies in the past, Prop. 47 was the first time such changes became available retroactively at such a broad scale. The law both changed the way future crimes are classified and gave people like Duncan a chance to wipe decades-old felonies away. (3)

Almeida states: “Prop 47 is just one example of a law that changes the type of criminal record that could affect the pre-employment screening process. Based on continued challenges to the legal and lawful use of criminal records it is critical employers utilize third-party background screening companies for all background screening needs and to stay current with rapidly changing laws governing the use of criminal records.” is a third-party background screening company that can provide compliant solutions for all screening requirements. From pre-employment to post-hire screening, as well as volunteer, caregiver and nanny checks, provides background screening services across a broad array of industries. From the smallest organization to the largest corporation, can fulfill every background screening requirement.



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