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Can HR Deny Employment Based on Criminal Records?

by Info One2verify - Published on 7/8/2021 1:32 PM

HR Denying the Employment Application

Are criminal records a factor in HR's decision-making?

Companies have full rights to see an individual's criminal record before hiring them. Nevertheless, that right has quite a few fundamental limitations. A firm's decision to not hire a candidate based on their criminal record is obliged to be related to the job. In simple terms, criminal records should indicate that the candidate could be liable for their actions in that position. Besides, in most scenarios, the employer may not use arrest records or consider crimes that have been removed from a criminal record to make decisions whether a candidate should be hired or not.  

What Is A Criminal Record?

A criminal record is documentation of an individual's criminal history composed on local, state, and federal levels by law enforcement bureaus. The document usually lists various non-expunged crimes and offenses, which includes traffic violations as well.

When Is A Criminal Record Used?

Dormant employers, lenders, and other parties to decide the extent of an individual's criminal activity commonly use criminal records. Some authoritarian agencies also use them to verify and determine the eligibility for job-related licenses. In the case of job-related requests, strict agencies confirm if an individual was convicted of an offense that bears fitness to be licensed for that specific occupation.

Why Does HRD Conduct Background Checks?

Human resource departments (HRD perform background checks on employees and applicants to acquire information and learn more about them. Repeatedly, it gets a bit taxing to hiring managers that help discover everything they can learn about a person from its submitted resume, a job application, or even an interview. Conversely, Employment screening services provide additional facts that can influence the employer's hiring decision. A background check on applicants assures HRD with factual data on whether the candidate is suitable for the organization. It also provides a piece of in-depth information that determines if the applicant is a possible threat to the company's overall reputation, employees, and customers.  

How Do State Policies Factor In On Criminal Hiring?

Several states have their laws concerning criminal hiring and criminal records, more than ever, related to the sealing or expunction of juvenile records. Primarily, employers can pursue these standard protocols:

Cannot Deny Employment-Based On Arrest Records Unless:

- The arrest took place recently

- The arrest leads to a conviction

- The supposed crime would influence the job or position

Employers Cannot Consider Criminal History If:

- The conviction isn't associated with the responsibilities of the job

- The record was sealed, expunged, or dismissed

- The nature, character, or gravity of the crime does not affect the job

- A lengthened time has passed since the conviction

Based on Criminal Records, Can HR Deny Employment?

Indeed, HR can deny or reject employment based on criminal records if evaluated and assessed correctly. Employing managers can create a job-related criminal background check policy and a decision matrix hinged upon the recommended guidelines for employment screening services to determine criminal records.

Instead of a comprehensive deny-all approach, every candidate is evaluated in person to see if they would be great employees and safe from harm for employers.

Contact one2verify for reliable employment screening services today!

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