How A Criminal And Background Check Should Be Used To Make Sure You Employ The Right People

A criminal and background check is a necessary part of the process of choosing employees. There are now very few positions for which some type of check is not necessary, even if it just routine. Checking for criminal record is now easy, so very few employers will not avail themselves of the opportunity.

Of course, there are some positions which absolutely demand a thorough background check. The most obvious, of course, being teaching positions or other positions where the employees will be working in close proximity with children. Due to successive scandals where children have been abducted or abused, the government has now passed extremely strict laws which govern the need for background checks, and set a strict standard for who can and who cannot work with children.

These standards also extend outside the realm of normal employment into part time work and even voluntary positions. If you are looking to coach youth sports, or get involved in scout activities, for example, you will need to submit to the same thorough background check as someone applying for employment as a teacher.

Criminal records can be routinely checked by anyone looking to employ staff. That is not to say that every piece of information is necessarily available to everyone who asks for it. Individual states even differ as to what they allow people access to. Many states have labor codes which limit the amount of information, even concerning criminal records, which the potential employer is entitled to access.

Some minor conviction records, for example marijuana convictions, may not be accessible after a relatively short time, as little as two years in some states. Many aspects of criminal history are also limited to employers within certain professions. These are not only federal positions and positions where children are involved, but also any position such as security guards where it is vital to assess character.

For many professions, it is important to go beyond the criminal record check, and also check data held on private databases. In the financial services industry, for example, a poor credit rating and a record of missed payments can be prohibitive in gaining employment. A bankruptcy will wipe out any chance of employment in the industry for ten years, until it drops off the credit file.

Many other financial record drop off the file in seven years. These include any civil, rather than criminal, lawsuits or judgements, and accounts which are sold of to external debt collectors once an account has been defaulted upon. Although a poor credit history will be a severe impediment to gaining employment in financial services, it is not necessarily a life sentence.

There are strict limitations as to the records which a potential employer is allowed to search. Even school records can only be searched to a certain degree, largely relating to the basic facts of date of attendance and achievement. Further disclosure is only possible with the consent of the potential employee. Military and medical record are also protected to a large degree from being disclosed as part of a criminal and background check.

Background Reports. Criminal Records.

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If you do reject a potential tenant or employee (even a semi-informal employee like a baby sitter) based on a background check from a company that isn't a CRA, you could wind up in trouble with the Federal Trade Commission. You can find a fairly .


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IRS Failed to Do Background Checks on Contractors - ABC News

New York Daily News

IRS Failed to Do Background Checks on Contractors
ABC News
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Sandy Hook Educators Push to Make Background Checks a Campaign Issue - Education Week News (blog) (press release)

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