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Companies are understandably concerned about the safety of their workers and customers as well as their own assets and public image. But today, many employers are finding that the best approach to hiring individuals with criminal backgrounds is not so different from the hiring approach they use for everyone else: to evaluate each candidate on his or her merits.
Before hiring a job candidate, screening the applicant’s background helps employers make safe and well-informed decisions about whether they will be a trustworthy and competent employee.
Criminal background checks are often part of this process and may even be required for new hires if your company is in certain regulated industries or serves vulnerable populations, such as children, the elderly, or the disabled.
Given that properly accessing and reviewing all of the important sources for an applicant’s criminal history requires extensive time, resources, and familiarity with complex laws and regulations.
So what is a criminal background check? When CRAs conduct criminal background checks for employment, they gather and analyze background information from municipal, state, county, and federal criminal records databases for job applicants.
The types of information that might be reported include misdemeanor and felony convictions and pending criminal matters.
Different searches might produce different records. For example, if an employer only searches a state’s criminal records repository, the employer will only receive information about any convictions and arrests that are contained in the state’s criminal justice system. Employers might instead elect to complete nationwide searches to find criminal record information from multiple states or perform searches in every county and state where an applicant has lived.
Join us on Compliancevent this October to learn a legally compliant way of criminal background checks. You will also receive a FREE customized Criminal Background Check tool specifically designed to help Employers dispute allegations of wrongful termination. Register now!
-How criminal background checks are a critical part of onboarding and avoiding negligent hiring
-Why regulations are protecting formerly incarcerated individuals in the workplace
-What states have Ban the Box mandated protections
-What is the legally compliant process to follow when conducting a criminal background check?
-What are the requirements when you rescind an offer of employment after learning about the results of a criminal background check?
Employers who use criminal records in their hiring decisions need to be aware of applicable federal and state laws. Additionally, the Fair Credit Reporting Act (FCRA) governs how employers obtain and handle consumer reports, which include standard background checks. Legal compliance with these laws is key when considering formerly incarcerated applicants for hire.
Several state laws and local ordinances limit the use of arrest and conviction records by prospective employers. Commonly referred to as "ban-the-box" laws, these restrictions prohibit the employer from asking an applicant any questions about criminal records on the employment application or early in the screening process. Other state laws restrict the employer's use of arrest or conviction data in making an employment decision, except in limited circumstances, or the laws may require that criminal history questions be asked only after an offer of employment has been made. Employers should investigate any state or local laws prior to asking about an applicant's criminal history.
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Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and International compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management. Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
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