01 November, 2024
What is a legal background check?
A legal background check is a broad term that covers different types of checks to investigate an individual’s legal and financial background. They often include identity verification, credit checks and review of court documents. The aim is to provide the employer with a comprehensive overview of the candidate’s legal and financial background, giving them confidence in their hiring decision.
Performing legal background checks allows the employer to detect potential risks, especially for roles with high responsibilities, such as positions of trust. It helps the employer make more informed decisions and reduces the risk of unwanted surprises that could damage the company’s reputation or security.
Legal background checks vs. police criminal records
Police criminal records and legal background checks are two different methods of gathering information about an individual’s criminal background and legal status.
Legal background checks vs. police criminal records
The Police Criminal Records Bureau
The Police Criminal Records Bureau is a database managed by the police and contains information on offences and sentences from Swedish courts. Access to the criminal record requires the person's consent, and only the individual concerned can request an extract. The criminal record only shows whether the candidate has been convicted of a criminal offence, while a legal background check provides a broader picture of the candidate's legal and financial situation.
A legal background check
A legal background check includes not only information on criminal offences from courts, but also other relevant information such as legal restrictions, credit reports and identity verification. Information on convictions and offences is taken directly from Sweden's courts and not from the Police Criminal Records Bureau, which means that the employer does not need the candidate's consent to conduct the check.
What is included in a legal background check?
In addition to the financial and legal history of a candidate, a legal background check can consist of several important elements that can influence a hiring decision. Here are some of the checks included in legal background check.
Credit check
The financial history is examined to identify if the candidate has any financial problems that could affect the ability to handle sensitive data.
Identity check
The candidate’s identity is verified by examining documents such as passport, ID card or residence permit. This ensures that the person is who they claim to be.
Verification of education
The candidate’s education and qualifications are reviewed and verified through diplomas. This way, the employer can be confident that the candidate is competent for the position.
Ethical considerations and employer responsibilities
When employers conduct legal background checks, it is important to respect the candidate’s right to privacy. This means carefully following the rules and guidelines set out in the General Data Protection Regulation (GDPR).
According to the GDPR, the employer must have a legitimate reason for collecting and processing personal data. It also means that the candidate must be informed about what information will be collected and how it will be used. Not complying with these rules can lead to consequences, including fines and legal action.
In addition, there are specific exceptions and rules in the Police Records Act, which regulates when and how employers can request extracts from the criminal records. Criminal records may only be requested in specific cases, for example for certain professions in education, health care and security services.
By following ethical and legal guidelines, employers can maintain trust with candidates, while ensuring a fair and transparent recruitment process. Protecting candidate privacy is a key part of recruitment ethics and strengthens a company’s credibility as a responsible employer.
Risks of not performing background checks
Not carrying out legal background checks can pose significant risks to the company:
Security risks: Without a thorough background check, an employer may risk hiring people with a criminal background, which could threaten the safety of other employees and company assets. This is particularly important for roles with high responsibilities, such as handling financial or sensitive data.
Loss of trust: If background checks are not carried out properly, this can damage trust between employers and employees. Employees want to feel safe, and poor practices can negatively impact workplace morale.
What is the cost of a legal background check?
The cost of a legal background check varies depending on the types of checks performed. For example, a criminal record check may be a basic part of the process, while a more comprehensive check that includes credit reports and legal documents may require more resources. Despite the cost, this is often a small investment compared to the potential legal and financial consequences of hiring an unsuitable candidate. Read more about our pricing package for legal background checks.
Contact Validata today for help with effective legal background checks
Conducting a legal background check is an effective way for employers to ensure that they are hiring people of high integrity while complying with applicable laws and regulations.
We also carry out legal checks internationally. We have access to a comprehensive database where we can request checks of international criminal records, or alternatively check with the relevant country’s embassy. We have helped organisations with checks in over 65 countries.
