EMPLOYEE CRIMINAL BACKGROUND CHECK



...do not give employers a license to pry into your personal affairs.


An Employee criminal background check is important to the company, but so are the employees. Most businesses could not function without workers.

Company growth and improvement is dependent on the level of quality in its workforce. Doing a...

background check of criminal employee


...records if any, is important for an employer to be aware of. Appropriate background checks of all employees and applicants makes good business sense.


My name is Yancey and I work for the local county government in my area. Over the last several years, I’ve witnessed how the employment standards have changed. As an employee I learned a long time ago it was in my best interests to know what my rights are. Since that time I also have learned that employers are entitled to know what’s in their best interests.
Ohh …did I actually say that! In all seriousness, in order for the employer employee relationship to be successful, it has to be equally respectful and beneficial. Companies that do not conduct background checks should consider what some studies show.
  • negligent hiring court awards average upwards of $500,000, excluding legal fees. A criminal background check with appropriate pre-employment screening helps businesses confirm a proper hiring procedure
  • training, hiring and recruiting workers can average more than $4000 in cost.
  • a significant percentage of applicants and employees have a criminal record
  • employee criminal background checks are cheap

employee criminal background check


Negligent hiring laws maintain that an employer can be responsible for injuries caused by their employees if its determined the employer failed to do proper research including reference checks, driving records and investigation of criminal records. If along with additional background data that would have recognized a tendency of bad behavior an employer may be liable when an employee causes harm. When employers do a…

criminal background check, employee

…rights of privacy must be considered. I as an employee would not be offended when an employer requests a criminal background check that’s within the scope of and is relevant to the position I hold or apply for. An appropriate and reasonable search for any criminal history records could be justified for a position that required me to handle large amounts of cash or carry a gun.


However, if I’m a seasonal landscaper, an extensive company criminal background check may be seeking information that’s not relevant to that job. I know that the employer has to respect my privacy rights, and should ask for my consent in writing for any background check. Businesses and other employers don’t have complete freedom to pry into the employee’s private affairs. I’m going to make sure the employer clearly explains what’s being checked and exactly how that information is collected.


Knowing precisely what to expect gives us employees the option to decline giving consent if there are things we don’t want revealed. Of course the employer may decide not to hire us or may be within its rights to remove us from the positions we hold.


employee criminal background check


Employee criminal history records vary from state to state


The law is different from state to state regarding to what degree and if a private company can consider an applicant’s criminal history in making hiring or firing decisions. Each state keeps criminal records in what’s called a central repository. The FBI retains the Interstate Identification Index (III), called an “index-pointer”.


It matches the records of individuals arrested for serious misdemeanors and felonies in violation of state or federal law. The FBI uses this system to assist the sharing of this information between the states. Criminal history records explain any arrests and later outcome relevant to the job seeker or employee.


Records that are instantaneously available, correct and complete give states the ability to…
  • protect the public and national security by performing background checks
  • recognize people who are prone to stalking and domestic violence
  • better identify individuals who are prohibited from buying firearms
  • be more knowledgeable about decisions dealing with pretrial release and detention of lawbreakers, career criminals and suitable jail time
  • investigate backgrounds of child, disabled and elder care providers
  • quickly recognize individuals with prior criminal history in any state

employee criminal background check


As I mentioned before, states have different standards for determining criminal background records. In some states businesses are not allowed to probe for convictions that happened a long time ago. Some don’t allow checking for juvenile crimes, sealed records and asking about arrests.


Several states permit employer background checks relating to convictions only if the conviction is relevant to the particular job held or applied for. An example would be someone convicted of bank robbery applying for a job as a bank teller. Other states consent to employer criminal background checks only for certain jobs that require a license, such as child and elder care providers, private detectives and others. Not conducting an…

employee criminal background check

…can affect workplace violence. Statistics show that about one-employee dies weekly due to violence in the workplace. There is also around twenty times that number who suffer injuries. Conflict, misunderstandings, mental disabilities are some of the contributing causes.


There are many cases of workplace violence because employers’ do a poor job of pre-employment screening. They fail to have adequate background and reference checks that may need to include an employee’s criminal history.


employee criminal background check


Incompetent hiring of workers can lead to poor morale, loss of productivity, and violence up to and including death. The employer will in all probability be held responsible for the criminal actions of its employees. The employer is justified in protecting its property, business reputation and most importantly its employees!


Unlike people who work for educational, financial and government institutions who are familiar with criminal background checks, it’s a new experience for most employees. The rising concern for...


  • domestic and international terrorism
  • drug trafficking
  • identity theft
  • money laundering
  • child and elder abuse
  • corporate crime
  • workplace violence

are some of the activities that can be perpetrated not only by individuals, but by business too.


Businesses are painfully aware of the hazards involved for them and their employees by not checking the criminal history of someone they hire.


I firmly believe anyone who has made a mistake and paid for it deserves another opportunity. Unfortunately the process of separating the deserving from the undeserving is becoming an increasing challenge for employers.


employee criminal background check


Many people might feel awkward and uncomfortable working with someone with a criminal history. If the co-worker had a violent criminal history that could cause harm, the other employees would be placed in a vulnerable position. Nonetheless, someone in the workplace with a criminal history should not be harassed or discriminated against.


After the employers criminal background check discloses a non felony conviction, the employer must determine if the findings have relevance to that employee’s job. The employer must then act accordingly to preserve that employee’s interests.


Employers who base their hiring decision on the response obtained from a criminal record may be in violation of Title VII of the Civil Rights Act of 1964.The EEOC (Equal Employment Opportunity Commission) states that without a specifically articulated business necessity, inquiry into arrests that didn’t end in a conviction is considered discrimination.


As mentioned previously, it also depends on the employee’s state law as to whether and to what extent the employer may consider the criminal history of the applicant regarding hiring decisions. If there is satisfactory proof to establish successful rehabilitation, the job seeker might not be disqualified. If the employee lied about his or her conviction the EEOC will not support the employee.


employee criminal background check


Criminal Employee Background Check

The question of how much information an employer should have access to for me to work and earn a living is in constant debate. The concern for national security by the government and society certainly plays a major role.The process of conducting a thorough employee criminal background check can take some time. However, as we’ve seen this is a worthwhile investment for the employee and the employer.


As an employee, I want to know what and how much of my personal information is accessible to my employer. Is the information accurate or does it contain anything false that could cause me to lose my job. Likewise, my employer needs to know whether or not I’m suitable for hiring or continued employment.


The employer needs to know if we are who we represent ourselves to be. Like it or not, the reality is we will continue to be exposed to employee criminal background checks. As employees, we should educate ourselves to the process of how others obtain our personal information. We will then be better equipped to manage our employee to employer relationship with a level of confidence.

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Properly performed employee criminal background checks give companies, employees and customers a sense of security. My questions and answers page provides more information for the concerned employee. Please feel free to contact me with any questions or comments about this site, so that I may better serve you.

My new sites provides the MOST current changes affecting career seekers and employees. Some employers are constantly working to take away the rights of employees. Follow this link to EMPLOYEE RIGHTS GUIDE, EMPLOYEE WORKPLACE RIGHTS and EMPLOYEE RIGHTS VIDEOS for the latest employee news you can use!


What matters to me...is to help my fellow employee!



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Get a FREE subscription to the Basic Employee Rights eNews!
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