Frequently Asked Questions
Does a criminal background check
include checking into a person's credit rating and personal finances?
No. The criminal background checks that we perform are for criminal
background information only.
Why conduct criminal background checks?
The safety and welfare of your citizens must be your top priority.
Employers have become very aware of the consequences of bad hiring
decisions. Conducting criminal background checks promote a safe and
secure environment at our workplace and in our community. Simply having
a criminal background check program in place discourages applicants with
a criminal history or falsified credentials. Many employers have
discovered the hard way that relying on instinct alone is not enough.
Municipalities and private businesses must exercise Due Diligence. All
employers, whether in the public or private sector have a reasonable
duty of care in the hiring process. This means an employer must take
reasonable steps to determine whether an employee is fit for a
particular job. For example, if a town recreation league hires a coach
and does not take reasonable efforts to determine if the coach has a
criminal record, it could be found liable if that coach assaults a
player and a reasonable background check would have discovered the prior
assaults. Having a criminal background check program in place
demonstrates due diligence and provides an employer with a great deal of
legal protection.
Why should a municipality or private business outsource this service?
Conducting criminal background checks are a time consuming and detailed
task that requires highly specialized knowledge and resources. It is
also subject to numerous legal regulations. Many municipalities and
businesses have found that it is an inefficient use of their time and
resources to attempt to perform a service that a specialist can do
efficiently and cost-effectively.
Even municipalities with fully staffed Human Resources or Police
departments have found that outsourcing this service is more efficient
and allows them to focus on tasks that can only be performed inside the
business or local government. Many HR and Police professionals also
prefer that a new employee's first contact with their organization not
be a background check. Also, outsourcing this service does not leave a
new employee feeling that confidential information about them is being
obtained by others in the municipality or business.
Do I need a release from the job applicant or volunteer?
You should obtain a signed release from any applicant or volunteer that
will be subject to a background check.
What basic information should an employer know before making an offer
to hire an employee or allow a volunteer?
As a first step, all employers, whether in the private or public sector
should have a policy in place to conduct criminal background checks.
Consistency and confidentiality are most important in this process. If
the employer is conducting criminal background checks, he or she must do
them on all volunteer or job applicants, not just some. Whatever one is
obtaining from these checks, whether it is a reference check, or
criminal background check, it is mandatory that one maintain the utmost
confidentiality. Making sure the records are maintained in a place where
only a limited number of people have access to them so there is no
potential for their dissemination is critical. The employer should have
forms that the applicant signs, putting him on notice that the employer
is following up with such checks so there is no mystery. The applicant
can then make an informed decision as to whether they should apply for
the position. He or she cannot complain about an employer's following a
standard procedure. Many towns and municipalities have already passed
ordinances requiring that criminal background checks be performed.
What level of care must an employer in the public or private sector
take in determining whether a candidate might be harmful to others,
either physically or psychologically?
You have to take the care a reasonable person would take in that
particular situation. Much depends on the facts of the individual case.
If an employer interviews a person who has a criminal background of
abuse or violence, you are certainly not going to be allowing that
person into a child care or a senior care situation where people are
vulnerable and unable to protect themselves. With the same reasoning, if
you hire someone in an office setting, where there are other protections
in place, that issue may not be as significant. The key here is to have
a policy that outlines how an employer reviews applications and
evaluates potential volunteers and job applicants. If you consistently
apply those policies, even if someone slips through and there is a
claim, you have an available defense of liability.