Criminal background check job application

Criminal background check job application

Background Examinations gives a wide variety of information services suited to fulfill numerous needs. From looking into the neighbors to researching yourself to find out if there's something to be concerned about. This background check sources are recognized market leaders for public information, criminal checks, telephone and home address data, social websites info, and more. The objective is to enable the public with the knowledge they want to make rapid & sensible decisions.

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As privacy professionals know too well, organizations that handle personal information, especially personal information that can trigger security breach notification obligations, have an overwhelming need to screen out untrustworthy applicants from positions that permit access to such data. One tool that many organizations have used for years is straightforward enough—asking applicants to check a box in response to the following question on an employment application: “Have you ever been convicted of a crime?” However, a legislative trend aimed at reintegrating millions of ex-offenders into the workforce has picked up so much steam over the past year that this practice is now illegal in some jurisdictions, forcing employers to rethink whether they should ask the question at all. Privacy professionals must understand the issues surrounding the “ban-the-box” movement so that they can participate knowledgeably in their organization’s inevitable re-examination of the continued viability of the criminal history questions on their organization’s job application.

https://iapp.org/news/a/death-of-the-box-why-the-criminal-history-question-on-job-applications-is-h/

Today, there are an estimated 70 million adults -- or almost one in three adults -- living in the U.S. that have some kind of arrest or conviction that will show up on a routine criminal background check. Furthermore, approximately 9 out of 10 employers now use criminal background checks at some point in their hiring process for at least some of their applicants. Concerned about the disproportionate impact that certain screening practices, particularly at the outset of the hiring process, have on the job prospects of individuals from low-income communities of color -- mostly African Americans and Latinos -- who are more likely to have been arrested, convicted and incarcerated, as well as curbing recidivism rates, the U.S. Equal Employment Opportunity Commission (EEOC) has issued formal guidance to employers, warning of the risks inherent in criminal background checks; and a growing number of state and local governments have adopted so-called “ban the box” laws, which require employers to refrain from making criminal history inquiries until later in the hiring process. 

https://www.calfee.com/newsroom-news-changing-the-way-employers-screen-applicants-for-criminal-history-eeoc-guidance-and-ban-the-box-laws

You can swear on your dog and promise up and down that you’re a trustworthy person, but chances are, a potential employer isn’t going to take your word for it. An employment background check will likely be done before they can officially welcome you aboard. A whopping 98% of businesses perform background checks on job candidates, a recent survey by risk-alert firm Endera found. The good news: As a job seeker, you have some protections. Employers must receive written permission from you before running a background check, and if anything in the reports leads to the company deciding against hiring you, the employer is required to inform you and provide you with a copy of the report.

https://www.monster.com/career-advice/article/most-likely-to-fail-background-checks

NEW YORK (MainStreet) ? Convicted criminals dread the box. That's the job application question that says, "Check here if you've been convicted of a crime." The National Employment Law Project (NELP) estimates that 70 million people in the U.S. have some sort of criminal record, and 700,000 return to their communities from prison each year. Some have completed vocational training and education and desperately want a job -- but many are immediately removed from consideration once revealing a criminal past. A "Ban the Box" campaign is working to remove the stigma by prohibiting questions regarding a criminal background during preliminary employment screenings. California's Ban the Box law went into effect July 1 for public-sector hiring; San Francisco's ordinance goes into effect next month, impacting private sector employers with more than 20 employees. Los Angeles is considering a similar measure.

https://www.thestreet.com/story/12864025/1/do-you-have-reveal-criminal-record-when-applying-job.html

While the practice of doing spot pre-offer background checks may be legal, it is not a best practice. First, if the employer’s typical practice is to conduct background checks only after making a contingent employment offer, I question why there is a need to deviate from that practice. As we consistently advise employers and HR professionals, you should always follow your policies. Any time you deviate from a policy, you open the door to litigation. For example, why would you only conduct pre-offer background checks on some applicants, but not others? Although the manager here may have a valid reason for doing so, applicants who were not hired may point to the policy and allege that they were not hired for discriminatory reasons and that the company required them, but not others, to submit to background checks in order to disqualify them from a job offer. If you feel that you need to conduct pre-offer background checks for certain positions, then you should make this your policy, and then follow it. Be sure you can clearly state a valid reason why some positions require pre-offer checks while other positions do not.

https://www.natlawreview.com/article/pre-offer-background-checks-employer-beware

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