Does My Employer Have Access to My Criminal Records?
1. What is a criminal record?
First of all, a criminal record is documentation of a person’s criminal history compiled on local, state, and federal levels by law enforcement agencies. The record usually lists non-expunged offenses including traffic violations.
2. When are criminal records used?
Criminal records are typically used by potential employers, lenders, and other parties to determine the extent of an individual’s criminal activity. In order to obtain your criminal record, the safest and most accurate way is to request the criminal record from the jurisdiction in which you were convicted. The process for doing so varies by jurisdiction, so you must check with the police department or court in that jurisdiction for information on the process.
3. Can employers use criminal records upon making hiring decisions?
Yes, employers have access to your criminal records and can use the records upon making hiring decisions. When making this type of hiring decision, the employer must show that there was “business necessity” for making the hiring decision. There must be some showing that the employer’s policy is reasonably related to the job requirements.
4. What process must an employer use to gain access to an employee’s criminal records?
However, an employer must first follow a certain procedure in order to gain access to an employee’s criminal records. The Fair Credit Reporting Act is the federal law that requires employers to provide notice when accessing your credit report or criminal record. In order to access a candidate’s criminal record, the employer must ensure the report is used for a permissible purpose, and have authorization to use the report. Before using a criminal record in a hiring decision, the employer must provide the candidate with a copy of the report and a summary of his rights.
5. Why do employers use criminal records during the hiring process?
Many employers conduct pre-employment background checks to protect themselves against lawsuits for negligent hiring. Negligent hiring occurs when an employer knew or should have known that an employee was dangerous or unfit for a particular position. If an employee harms another person while working, the employer may be the one to blame.
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Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/criminal-records-workplace#1
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