Hiring managers are responsible for the quality of worker that they hire into a company; during a competitive and tough economy, those decisions become even more critical. Hiring and human resources personnel should be performing a criminal background check on qualified candidates, but what should they do with the information gained? What about the information a candidate supplies, or does not supply, on their application? Sometimes, the question boils down to, "should I hire someone with a record?"

Employer's Rights And Responsibilities With A Criminal Background Check

From a legal perspective, hiring managers could be held responsible for not conducting background criminal checks and learning of a past violent crime if an employee ends up harming someone at work. On the other hand, it is also illegal in some states to dismiss an application solely based on a past record of a crime. Human resources representatives can be in a tough situation either way.

The best way to use this situation to the company's advantage is to consider the type of business or job responsibilities versus the type of crime that was found during a criminal background check. Hiring managers want to hire the best person to fill a position and add value to their company, regardless of whether that candidate has a crime on their record. If a past crime would impact job functions directly, this person would not be a good candidate and denying them employment on this ground would not be illegal. For example, drug related crimes might preclude someone from working stock in a pharmaceutical warehouse facility.

Overall, highly effective hiring personnel should evaluate every person impartially and give those who have prior crimes on record a fair shake, but not at the expense of the customers, employees, or company’s well-being. To make that call, it is necessary to use a criminal background check service that is comprehensive and exhaustive.

The Employee's Perspective On Background Criminal Checks

When filling out a job application, candidates are self reporting on their background and history as well as prior crimes or convictions. It is always in their best interest to be completely honest or risk losing a job due to being dishonest rather than any actual legal condition. Honesty is always paramount when trying to gain the trust of a new employer and an incorrect application can cause termination even years down the line.

As an employer, you can't always expect every applicant to be honest. There is a certain stigma that comes with a record and some people might be ashamed to self report. It is understandable to be nervous in this situation, so as a human resources representative, always stick with a criminal background check.

When Crimes Do Not Have To Be Reported On An Application

There is a wrinkle when it comes to reporting one's history on an application. The laws vary by state, but some crimes do not have to be reported. Even if criminal background checks return a hit, the applicant might not be required to report that on an application. Check with local and state agencies or employment board to know the applicable policies.

For example, an arrest without a current or pending conviction would not have to be listed on an application. Likewise, if an offense has gone to trial but a decision has not been handed down by the court, this offensive would also not have to be listed. Some states also have specific guidelines depending on the type of crime, whether it is a felony or misdemeanor, how long ago it occurred, and if the person has been rehabilitated.

Bottom line, hiring managers need all the information they can get, including knowing local laws and obtaining a comprehensive criminal background check.