What is a Criminal Background Check?
A criminal background check is a process by which an individual’s criminal history is checked for the purpose of reviewing their records for any past criminal convictions. It is often conducted by employers, landlords, and various other organizations and institutions to verify the individual’s identity, assess their character, and determine their suitability for a particular job or task.
They can also be requested by individuals who want to check their own criminal history or the criminal history of someone else.
Do You Need to Get Permission to Conduct Criminal Background Checks?
In most cases, individuals or organizations that want to conduct criminal background checks on someone else are required to obtain the person’s consent before doing so. This is typically done by having the person sign a release form that allows the organization to access their criminal records.
In some cases, however, criminal background checks can be conducted without the person’s consent, such as when they are required by law or when the person is applying for certain types of jobs that are subject to background checks as a condition of employment.
It’s also worth noting that the laws governing criminal background checks vary from place to place, so it’s important to be familiar with the specific laws and regulations that apply in your jurisdiction.
What Information is Collected and Processed During Criminal Background Checks?
The information that is collected and processed during a criminal background check can vary depending on the specific purpose of the check and the type of records being searched. Generally, criminal background checks will include a review of an individual’s criminal history, which may include records of arrests, charges, convictions, and other interactions with law enforcement. Some common types of information that may be included in a criminal background check are:
- Personal identifying information, such as the person’s name, date of birth, and social security number
- Arrest records and charges, including any outstanding warrants
- Convictions and sentences, including any time, served in jail or prison
- Traffic offenses and violations, such as DUIs or reckless driving
- Sex offender registry record
How Are County Searches Conducted for Criminal Background Checks?
County searches involve searching the records of a specific county or jurisdiction for information about an individual’s criminal history. This can be done by accessing the county’s electronic database of criminal records or by manually reviewing hard copy records at the county courthouse or other record-keeping facility.
You can hire a professional background check company to conduct the search on your behalf. These companies typically have access to a wide range of databases and records that they can search to compile a comprehensive report on an individual’s criminal history. Another option is to conduct the search yourself by visiting the county courthouse or other record-keeping facility and manually reviewing the records.
How Are Criminal History Search Results Delivered?
Top background screening companies generally deliver the results in the form of a written report. This report will typically include a summary of the information that was found during the search, as well as copies of any relevant documents or records. Some companies may also offer additional services, such as verified results or in-depth analysis of the information that was found.
What Happens if You Need to Use the Information From a Criminal History Check to Reject the Job Applicant?
In general, employers are allowed to consider an applicant’s criminal history when making hiring decisions, but they are also required to follow certain rules and regulations that are designed to protect the applicant’s rights and ensure that the hiring process is fair.
One key rule that employers must follow when using criminal history information to make hiring decisions is the requirement to provide the applicant with an “adverse action notice.” This means that if you decide not to hire an applicant based on their criminal history, you must provide them with written notice of your decision. The notice must include a copy of the report that you used to make the decision, as well as information about the applicant’s right to dispute the accuracy of the report.
There are certain types of criminal history information that employers are generally not allowed to consider when making hiring decisions. It’s important to familiarize yourself with the specific laws and regulations that apply in your jurisdiction to ensure that you are following all of the relevant rules and requirements when using criminal history information to make hiring decisions.
Do Criminal Traffic Offenses Show Up on Criminal Background Checks?
In general, criminal background checks that are conducted for employment or other types of public safety-related purposes will often include a review of an individual’s traffic offenses and violations. This can include any charges or convictions for offenses such as DUIs, reckless driving, hit, and run, or driving without a valid license. These types of offenses are often considered relevant to an individual’s character and suitability for certain types of jobs, such as jobs that involve operating a vehicle or working with children or vulnerable adults.
Why Shouldn’t Companies Use “Instant” National Criminal Background Checks?
One of the main concerns with “instant” national criminal background checks is that they may not be as accurate as more thorough checks that are conducted by professional background check companies. This is because these types of checks often rely on databases that may not be up to date or complete, and they may not include information from all relevant sources.
Another concern with “instant” national criminal background checks is that they may expose a company to legal risks if the information that is provided is incorrect or used in a way that is not consistent with the law. Therefore, it’s often a better idea for companies to use more comprehensive criminal background checks that are conducted by professional background check companies.
Criminal background checks are a useful tool that can help individuals and organizations verify the identity, character, and suitability of an individual for a particular job or task. However, it’s important to work with seasoned professionals who are aware of the specific laws and regulations that apply to criminal background checks in your jurisdiction and to handle the results of these checks carefully and in accordance with the law.
