Background checks

mikicini

An employee came to me and said that he had applied to do some work on the weekend and was told that he was rejected because he had a “criminal record.” He knows nothing about this and wants to know how he can find out. We have never done background checks as an employer. Does anyone know how to go about finding out what could have precipitated such a finding? Does he go to the police? Any ideas?

Theresa Gegen TX

If the background check was done by a third party (not the new prospective employer), the employee may have a right to see the information and to rebut it under the Fair Credit Reporting Act.

The employee may just want to send a letter to his prospective employer asking it to disclose the information gained on the background check about the criminal record. The employee could mention the Fair Credit reporting act in the letter and this may get the prospective employer to respond. Depending on your state law, he may also have some rights to see the background check.

This could be something as simple as the employee having the same name as someone with a criminal record or a mistaken in the social security number of the employee, that is written the same as someone with a criminal record. It could also be that the employee has an outstanding warrent (like for unpaid tickets) that he has forgotten about. Or it could be that his identity has been stolen.

Without knowing the scope of the check that the prospective employer did, it will be hard for the employee to track the "criminal record" that they are talking about -- especially if it is a mistake.

Good Luck.

Mel in CO

I guess that my first question would be why did someone tell him that he was declined for a position because of his criminal record if you don't run background checks -- how did anyone know that he has a criminal record? Did they have outside information that shouldn't have been brought into the workplace or did he offer that information during the interview process?

It is my understanding and practice that if someone has not been convicted of a crime then they cannot be declined for a position (if they met all other qualifications for the position and if there is not a pattern over the years). If you do utilize a background check company, then the employer is responsible for sending the applicant a copy of the release authorization and the results. A background check company such as Avert will charge a fee to an applicant and run them a copy of their own background report. The applicant can also contact the police department or a private credit report organization. Some companies can run both criminal and credit reports. Hope this helps out -- good luck.

Paul in Cannon Beach

Interesting post! I hope you will let us know what happens.

There are a number of ways that you can get a criminal history check. I believe if the employee contacts the state police, he could request a copy of his criminal history (or lack of). I think there are some internet companies that would tell you anything you want to know for a price.

I haven't tried that myself. My record is clean. I prefer to watch "America's Most Wanted" over being actually ON the show.

[email]paulknoch@hotmail.com[/email]

valentine

I do criminal offender record investigations (CORI) on all new hires. It is sent to the Massachusetts Criminal Offender Registry and they send me back the background results. However, CORI is strictly confidential between person being investigated and the CORI officer doing the check for the company. If a background check comes back unsatisfactory, the person is called in and given a copy of the record which they sign that they have received. In Massachusetts the person is entitled to receive a copy of his record.