Criminal Records and the Trump Era

In recent years the use of criminal background records in employment screening and tenant screening have been making headlines across the country.  The Obama Administration attempted considerable efforts in reforming the criminal justice system.  Also the Equal Employment Opportunity Commission (EEOC) has put forth a guidance on the fair, lawful and legal use of criminal records as part of the employment screening process.  Additionally “ban-the-box” legislation has been adopted in many States and jurisdictions across the USA.  All these changes and efforts are meant to discourage and even eliminate discrimination in the hiring process.  They also seek to give individuals with a criminal record a second chance at reintegration with mainstream society by getting a fair chance at employment along with being able to secure decent housing.

Now under the new Trump Administration criminal records continue to be in the spotlight.  Under the authority of the President Immigration and Customs Enforcement or ICE has been tasked with greater urgency in deporting illegal aliens with criminal records.

From the Washington Examiner (Feb. 12, 17):

Stephen Miller, the president’s policy director, said, “the cases that I’m familiar with…have to do with removing criminal aliens, individuals who have criminal charges or convictions against them. And that’s what’s been taking place all across the country. And the effect of that is going to be saving many American lives, American property and American safety. (1)

A criminal record can follow an individual for years and create a challenge for finding employment as well as housing.  Certainly, evidence of a criminal record for someone living inside the United States will cause immediate expulsion.

Swift changes in US Law by Executive Order by the Trump administration should be an eye opener for all Human Resource personnel and hiring managers to review and perhaps update their employment screening policies.  How this new administration will affect background screening and the use of criminal background checks is still unknown but making sure hiring policies and procedures are up to date and complaint is certainly worth the effort.  It is widely recommended that companies and organizations work with a professional third-party employment screening company during this process as it is considered a best practice in this industry.

To read more about this subject read recent press release found at:

Leave a Reply

Your email address will not be published. Required fields are marked *