Why do employers conduct background checks?
Organizations owe it to themselves and their customers to research the background of potential employees and volunteers to ensure the safety of other employees, customers, and their property. The most effective method to accomplish this is by conducting thorough background checks. The costs of fraud, embezzlement, theft, and violence are a multi-billion dollar drain on our economy, bleeding organizations both large and small. One of the most compelling reasons organizations now conduct background checks is to uncover deception or fraud. For example, it can confirm whether an individual provided accurate information on his/her resume or application. Depending on the industry, some form of background investigation may be required, whether because it is mandated by law or because their insurance company demands it.
What questions do they ask on a background check?
Since each background check can be customized to meet the needs of the employer, job position, and state laws, questions can vary according to what is included in the check. For example, if the employer chose to include an education verification, then the candidate would be asked questions regarding what school they attended, the years they attended, when they graduated, what degrees (if any) they acquired, etc.
When running background checks, how do I stay compliant?
It’s important to have a clear and concise written policy, which remains consistent for all candidates who apply. Background checks must remain compliant with the regulations set forth by the Fair Credit Reporting Act (FCRA) and in addition, must also comply with state laws as they vary by state. Before running a background check, the candidate must be notified and give written consent for the employer to proceed with the check. Not all background checks are the same and depending on the industry can vary on what is required. Standard background checks often include criminal history checks, employment and education verification, SSN validity, etc. Some positions require more, such as DOT testing history, state driving records, credit reports, sex offender searches, etc. Once a candidate is hired, employers are required to fulfill an I-9 and E-Verify, which verifies the identity and eligibility to work for all new employees. By following these steps you can help ensure your background process is as safe and effective as possible.
What kinds of criminal records show up on a background check?
Depending on the scope of the search allowable by law or requested by an employer, records of convictions of a felony or misdemeanor are usually reported on a background check. Non-convictions may be reported in some cases depending on the date of the charge or whether a case has been dismissed. Federal and state law will determine how far back criminal records can be reported.
A felony is typically defined as a crime punishable by a term of imprisonment of not less than one year or by the death penalty. Felonies may include crimes such as arson, assault, battery, fraud, homicide, kidnapping, rape, robbery, sex crimes, and terrorism.
Misdemeanors are often less serious crimes and are generally punishable by less than 12 months in jail. Community service, probation, fines, and imprisonment for less than a year are commonly issued punishments for misdemeanors. Obviously, each state may vary as to what is classified as a misdemeanor or felony.