Does your company have specific guidelines or a code of conduct in place for how to approach and handle arrest records? If you are in the financial, banking, or airline industry, you may have legal requirements surrounding arrest records and the qualification of a candidate.ģ. ![]() If pending charges were reported, would they concern you or affect employment if they were to be convicted? If the answer is no, then those with pending charges may not affect your decision making.Ģ. Asking yourself these questions can guide you in your decision-making process:ġ. Determining whether an applicant is disqualified for a position can be challenging. Background checks go a step further on reporting potential criminal risks associated with an applicant. Resumes, applications, and interviews are all in place to mitigate the risk a business takes on. How Much Should an Arrest Record Influence Your Hiring Decision? The Equal Employment Opportunity Commission (EEOC) acts as applicant and employee protection by ensuring that employers won’t use the background check information in a way that denies equal opportunity for a position. It’s important to understand the nuances of your state to avoid legal complications.Īlso, just because someone has a criminal record it doesn’t automatically disqualify them from a position. However, there are various states that prohibit arrest records from being reported or considered for employment purposes. When making a hiring decision, the Fair Credit Reporting Act (FCRA) grants you the ability to weigh arrest records from the last 7 years. Arrest Record/Conviction – This indicates that the individual was arrested, brought to trial, and either pled guilty or was found guilty of the charge. Arrest/Non-Conviction – The individual was arrested and accused of a crime, but the charges were either dropped or the individual was found not guilty.ģ. Pending case – This means that the individual has been arrested, criminally charged, and theirĢ. Here’s how you distinguish between the three when reviewing a background check:ġ. Arrest records can show up in three ways: as a pending case, an arrest/non-conviction, or an arrest record/conviction. ![]() But what does it really mean, and how should that information affect your hiring decision? What Might Show up on a Background Check and What Does it Mean?Īrrest records are frequently delivered in the same format as reported convictions, however, should you judge an arrest the same as a conviction? It’s important to know that arrest records do not indicate proof of criminal conduct. ![]() They may wonder, “Will I know if this person has a criminal history?” The short answer is yes. Hiring managers need to know how to interpret the information that might come up during one of these checks. More and more businesses are incorporating background checks into their hiring process. Background checks are an important tool for eliminating any surprises that might pop up with candidates and for ensuring you have all the necessary information when coming to a hiring decision. With over 73 million Americans having a criminal background (that’s about 1 in every 3 adults), it’s not if you will run into a criminal past, but when.
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