Criminal background check employment policy

Criminal background check employment policy

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At a time when unemployment is at a 17-year low of 3.9 percent and 70 million Americans—or 1 in 3 adults—have a criminal record, employers are widening their search for job candidates to include people with criminal histories. U.S. employers are willing to hire someone with a record if that applicant is the best person for the job, according to a study from the Society for Human Resource Management (SHRM) and the Charles Koch Institute (CKI) released today.

https://www.shrm.org/resourcesandtools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/pages/research-employers-willing-to-overlook-criminal-record-to-hire-right-person.aspx

Although most businesses have high standards, they also are challenged by limited resources. In addition, they frequently need to move quickly when the time comes to make a hire. Yet each applicant and employee adds business and security risk. Fortunately, performing background checks on applicants and employees is an effective way to discover potential issues that could affect your business.

https://www.hireright.com/background-checks

Nationwide, 33 states and over 150 cities and counties have adopted what is widely known as “ban the box” so that employers consider a job candidate’s qualifications first—without the stigma of a conviction or arrest record. Borne out of the work of All of Us or None, these initiatives provide applicants a fair chance at employment by removing the conviction history question from job applications and delaying background checks until later in the hiring process.

https://www.nelp.org/publication/ban-the-box-fair-chance-hiring-state-and-local-guide/

(a) A public or private employer may not inquire into or consider or require disclosure of the criminal record or criminal history of an applicant for employment until the applicant has been selected for an interview by the employer or, if there is not an interview, before a conditional offer of employment is made to the applicant.

(b) This section does not apply to the Department of Corrections or to employers who have a statutory duty to conduct a criminal history background check or otherwise take into consideration a potential employee's criminal history during the hiring process.

(c) This section does not prohibit an employer from notifying applicants that law or the employer's policy will disqualify an individual with a particular criminal history background from employment in particular positions.

https://www.revisor.mn.gov/statutes/cite/364.021

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