executive
background check
Can employers legally inquire into the criminal
past of its applicants?
It is rare these days for a company to forego conducting executive
background checks, including criminal record searches, on applicants as a
pre-employment screening measure. Yet, one of the most frequently asked
questions with respect to conducting criminal searches is: “Can employers
legally inquire into the criminal past of its applicants?”
The question often arises as a result of a lack of understanding with
respect to:
• Using a disclosure release form
• The difference between convictions and arrests.
The Disclosure Release Form
Yes, employers have the right to look into an applicant's past. Past
employment, education, and references provide the basis for an employment
decision, and information obtained through credit checks, criminal record
searches, and civil court records can be utilized as well.
The rule of thumb is, first of all, that applicants have a right to know
that a background check will be conducted. Secondly, they should sign a
release form authorizing the background check. Lastly, applicants must be
advised of their rights (for more information about applicant rights, see
the Fair Credit Reporting Act. The disclosure release form is a tool for the
employer, accomplishing all three of these goals.
In addition, signed disclosure release forms are frequently required by past
employers and educational institutions, in order to provide information on
your applicant.
Convictions vs. arrests
There are situations where criminal records can be used for employment
decisions, and there are those where they cannot be used. Before making an
adverse action (not to hire an individual) based on criminal record
findings, an employer will want to be sure that the criminal past resulted
in a conviction, and that the incident was not merely an arrest. The
distinction is an important one, and draws a line in the sand with respect
to what information may and may not be used in a hiring decision.
How can a company obtain criminal searches on
applicants?
Since there is no national database accessible to employers, and since the
best means of obtaining criminal conviction information is through the
County Courthouse – that is a good place to start. Remember, though, the
County Courthouse will hold records for that county only – usually not for
other counties, even if they are adjacent. So, if your applicant lived and
worked outside of that county, this method will not help you. In addition,
County Courthouses charge fees for information, there may be parking
charges, and the process can be slow and tedious.
Free and fee-based databases are available on the Internet, but the quality
of information you receive varies greatly. Private database information is
often not current or comprehensive.
Background check companies can offer quality information at reasonable
prices, and provide a low-cost solution, a high-level of expertise, and fast
turnaround time. For more information, contact:
Information Resources
Info@irverify.com
800-548-0822
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