Criminal background checks

HRLASS · February 2004

We are putting together a new policy regarding background checks and the question has arisen as to how far back can we go with criminal background checks. I'm in NM and the NMDOL said 7-10 years; the statutes said only valid convictions and misdemeanors involving moral turpitude. As far as I can tell from federal law, there is no time limit. Our business involves going into homes to read utility meters and work on appliances. I would be interested to hear from others as to your policy and/or practice.

Don D · February 2004

Meter readers don't typically go into homes, although to work on appliances I'm sure they would. One exception would be the stoves on the front porches in Arkansas, but I digress. If I were you, I would push the envelope to the edge of the state's limits. We don't have a limit in this state and I would go back as far as the history could be obtained. Your state law makes no sense. Call and ask your legislator why he voted for it.

Cinderella · February 2004

Don - DARN TOOTIN'!

HRLASS - The company I used to work for in WA went back 7 years on the b.g. check (that was the state limit). They did criminal b.g. checks on everyone they offered employment to, no matter if they were the janitor or a VP or a customer service rep. None of the ee's went into homes on company business. Although I can't remember the exact wording of the policy, the idea was that they did b.g. checks because of access to company info, customer info (ssn's and credit card #'s), workplace violence prevention, etc.

Cinderella

deniseE · February 2004

When we established our "policy"...we signed on with our state police to provide the background information. Like your state PA seems to dictate what type of information we may and may not receive. If you go through another state agency, such as the state police, you'll know that the information you receive is credible and exactly what you're permitted to have. It may help avoid headaches in the future. I recently attended a seminar that discussed some third-party investigation services and indicated that we should be wary of using them...many obtain information illegally and we have no method of verifying the accuracy of the information.

On another point...make it clear to the applicant that you will be checking his background. He may withdraw the app and save you $$$ in background checks.

Finally, if you plan to implement this policy for the existing workforce, I suggest coming up with a method for releasing it to the ee's and setting up a clear line of what is/is not acceptable. You may have ee's that performed without incident for 20 years only to have a conviction on the record from their 18th birthday...decide in advance what will matter to you, put it on paper and stick to it.

good luck!

Bobster · February 2004

You have gotten some bad info somewhere. Other than child care facilities and certain caregivers, there is no regulation on criminal background checks applicable to private employers in New Mexico. You can check back as far as you wish, and in my view you should go back as far as the source you are using can . After all, do you really care whether an applicant molested a child 10 rather than 5 years ago? One caveat. The EEOC takes the position that you may consider only felony convictions.
All employers who employ individuals with regular contact with the public should do background checks to protect against negligent hiring or retention claims. You are one of those, particularly since your employees are alone in the homes of your customers.

Don D · February 2004

Not entirely true about the EEOC and Felonies. Many hiring decisions turn on the existence of misdemeanor convictions, which in some cases are more 'glaring' than felonies. One example is DUI convictions, misdemeanors in the USA. Another is theft or shoplifting for a third. If that's the EEOCs position, I would disregard their position as irrelevant.

marc · February 2004

Our approach is very similar to the one Denise, PA described. We go through the County Sheriff to process the fingerprints and get the State information, then through the Highway Patrol for the Federal information.

We get all we can - misdemeanors can still lead to questions you should have asked and followed up on. As Don suggested, some misdemeanors can indicate liability exposure you might not want to live with as an employer.

Criminal background checks

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