Employers cannot legally impose any restriction or limitation on potential candidates’ criminal background checks in employment advertisements. They cannot say that they have no felons, have a clean record or any other conditional term. Advertisements for part time jobs don’t allow criminal background checks. Thus, there is a clear prohibition in the employment ads of criminal background checks and their preconditions.
However, this does not mean that criminal background checks cannot be done at all. Employers have the right to do a comprehensive check on any prospective employee. They can do so before posting the resume or during the pre-screening stage. They have to be informed about the potential criminal acts and their results before offering the job. They need not disclose any information if they do not want to. Employers can run criminal background checks on employees during pre-screening.
Sometimes, however, criminal background checks may be inappropriate. Sometimes employers are unaware that certain criminal acts have been disclosed. For instance, there may be an applicant who had once faced jail time, but was still eligible for a job.
The legalities and procedures for criminal background checks differ from one state to the next. Each state has its own laws on this. It all depends on the severity of the crime and the information provided by the applicant. Some of the basic laws dealing with criminal background checks are as follows: Before conducting criminal background checks, an employer needs to inform the potential employee. This must be done in writing and signed by both the employer and the potential employee.
It is important to gather sufficient information before conducting criminal background checks.
Details such as the social number of the applicant, past and present addresses, contact numbers, place of birth, age, sex, marriage, and many other details have to be collected and properly verified. Usually, criminal background checks consist of more than one set of information. All details must be verified. Even the telephone number must be verified.
After thorough background verification, the employer then informs the potential employee that he has been screened for criminal acts. The applicant then has to sign a separate document that states that he has never seen or heard about the crime. This document is known as the statement of facts. In some cases, the employee must also sign a document stating that the employer has informed him that there is probable reason to suspect him of criminal activities.
You should conduct a criminal background check before you hire someone to fill a particular position in your company. It is important to determine if the person you are going to hire is trustworthy and honest. Information can be retrieved from public records. However, the most convenient way of finding out details of the background of the prospective employee is to do a nationwide search using national criminal database.
This is possible by paying a small amount. Private companies maintain the database, which includes details about millions of people. This means that it is possible to conduct a background check on a candidate for a particular job. Besides, it will save your precious time because the whole process will only take few minutes. It is highly recommended that you use a national background checking service whenever you need to conduct a background check on an employee or for any other purpose.