Regardless of the type of job you are looking for, you should always perform criminal record checks on candidates. This will not only help you find the best candidates, but it will also protect you from hiring people who may be criminals or who have bad criminal records.
Basic Background Checks
Whether you’re hiring for a position of trust or to protect your company’s property, background checks are a necessity. There is a free criminal background check that you can take advantage of. While they can be a daunting proposition, they’re an essential part of ensuring the safety of your business.
The most basic background check includes a criminal record search. This can reveal whether the applicant has a history of crimes, but the truth is, it’s only sometimes accurate.
Depending on the job, an employer might conduct several other forms of background checks. They can include checking the candidate’s social security number, past address history, and other factors. These checks are governed by the Fair Credit Reporting Act, which mandates that employers give the applicant a chance to dispute any inaccuracies.
A sexual offender check can help mitigate the risk of sexual misconduct in the workplace. It also helps prevent hiring someone with a history of sexual offenses. This is especially important for positions where sexual offenses could lead to workplace violence.
Whether hiring a new employee or making a background check on an existing employee, you’re likely to see a fair share of criminal records. In fact, a federal criminal background check may reveal severe “white collar” crimes that might be overlooked in your typical state and local searches. As a result, a federal criminal background check may be the best way to screen a wide range of applicants.
An excellent way to do this is to hire a third-party background screening firm. In addition to standard screening services, a company may include position-specific searches, abuse registries, motor vehicle records, and more. This is an effective way to ensure that all your applicant’s information is accurate and compliant with state and local laws.
National Criminal Database Searches
Whether hiring for a new position or evaluating a job candidate, a national criminal database search will help you find out more about a candidate. These background checks are crucial to reducing hiring costs and creating a safer work environment.
The National Criminal Database search is a nationwide background search that includes records from court records, administrative offices of the courts, prison records, release files from state agencies, sex offender registries, and more. These databases are also known as multi-jurisdictional databases.
A national criminal database search with other background screenings can provide a comprehensive picture of a candidate’s past. It provides information about a person’s education, employment history, and other elements of their past to help you make an informed hiring decision.
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Legal Protections For People With Criminal Records
Whether a private or a public employer, you must understand how to protect yourself from criminal record discrimination when hiring employees. There are specific laws in New York and some protections for employees with expunged and sealed records.
For public employers, it is illegal to deny employment based on a criminal record. There are exceptions, however. In some cases, a public employer may be able to make a denial based on the nature and gravity of an offense and on the public policy interests in hiring people with prior convictions.
Applicants may also be eligible for remedies in state court if they have been denied employment due to a conviction. This can include a certificate of good conduct issued by the court, which may lift the bars of a criminal record.