Checking Conviction Records
We recommend that you check conviction records only if you need to do so to
protect your business from negligent
hiring claims. Whether you are justified in requesting a criminal record
check can be determined from:
- the type of position being filled
- the information that you had obtained from the applicant, former
employers, personal references, and educational references before you
started a criminal record search
- the ability of your business to bear the cost of the search
Where do you check? The easiest way to check conviction records is to
have a private detective agency do it for you. You can also do it by
communicating directly with:
- the state's central repository of records
- state and local criminal agencies
- any county in which the applicant may have been living
- the state's department of motor vehicles for records of driving-related
convictions and violations
- the Federal Bureau of Investigation
Legal considerations. Because conviction records can cover an array of
behavior and can sometimes unfairly affect certain groups of people, be sure to:
- comply with antidiscrimination laws, both federal
(if you have 15 or more employees) and state
- avoid violating state
laws that restrict use and disclosure of criminal records or that
require you to check conviction records based on the nature of your industry
or the type of position you are filling