Author Archives: Criminal Background Check

Don’t Forget About Reference Checks as Part of Employment Screening

Many employers don’t perform a thorough pre-employment background check as many don’t perform reference checks as part of a complete employment screening program. Criminal background checks and social security validation don’t always give a complete picture of a potential employee. Reference checks completes the background screening process by validating certain information provided on an employment application.

Professional reference checks include previous employer verification, education verification, licenses and certifications verifications and also personal and professional reference checks. Additionally other information can be verified as well such as military service records.

Reference checks are a critical part of a pre-employment background check, but sometimes they are forgotten or overlooked or not taken as seriously as one might expect.

Don’t forget about Reference Checks…

Reference checks are a critical component in background screening, one that is vital in verifying information provided by applicants. Sometimes certain kinds of reference checks can take days to complete as the person needed for the reference check may not be readily available. However, when making a long-term decision such as hiring someone it is worth the wait to acquire all the information necessary before making a permanent hiring decision.

From theBalanceCareers.com (Apr. 17, 19):

Many employers check references as part of the hiring process. A reference check is when an employer contacts a job applicant’s previous employers, schools, colleges, and other sources to learn more about his or her employment history, educational background, and qualifications for a job. thebalancecareers.com/what-is-a-reference-check-2062974

As with any part of the pre-employment background screening process, a reference check, in most cases, must be allowed or given permission by the applicant. Generally, an applicant will sign a release form which will allow for HR or a third-party background screening agency to conduct a reference check. Explicit permission must be granted by the potential employee/applicant in order to use an “investigative consumer report” which may include information about the character of the person, general reputation, personal characteristics and mode of living. This information may be obtained by interviews from people acquainted with the person being investigated.

To read more about why reference checks are such a critical part of the overall pre-employment background screening process and how they paint a more accurate picture of an applicant read recent CriminalBackgroundRecords.com press release: But What About Reference Checks as a Part of Pre-Employment Background Screening

New Push by SHRM Aims to Help Formerly Incarcerated Individuals Gain Employment

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The Society of Human Resource Management (SHRM) says that communities become safer when people are able to earn a decent living.  They think that formerly incarcerated individuals (those with criminal background records) don’t recidivate because of their character, they do it because they can’t find employment and decent living conditions and therefore can’t provide for themselves or their families.

There have been several initiatives in the USA in the last decade or so to help aid ex-cons find gainful employment.  The most famous of which is the ban-the-box movement which eliminates the question of criminal history on certain employer’s job applications.  At this point it is clear that the majority of people in this country are willing to help individuals with certain criminal pasts get back on their feet and reintegrate into mainstream society in a positive way and getting these people good jobs becomes a top priority to complete a successful transition into a healthy and crime free societal way of life.

Housing and employment are critical in keeping formerly incarcerated individuals from going back to jail.

From a recent article in USA Today (Mar 19, 19):

“I think it’s the perfect storm,” Taylor {Johnny Taylor, CEO of SHRM, Society of Human Resource Management} says, noting that communities also become safer when people are able to legally earn a living. “People aren’t recidivating (or returning to criminal activity) simply because they’re bad actors. They’re recidivating because they can’t provide for their families.”  usatoday.com/story/money/2019/03/19/business-commitment-hiring-those-with-criminal-record/3091463002/

In recent years efforts have been made to legislate the question of criminal history from the front end of pre-employment background screening by removing the question for the initial application.  However, States like California and organizations like the SHRM are going even beyond that.

Recent surveys sponsored by SHRM have suggested that the general public is open to working with companies that hire formerly incarcerated individuals.

From FastCompany.com (Apr. 04, 19):

The Koch Institute and SHRM collaborated on yet another poll. It turns out that 78% of Americans are comfortable buying goods {sic} or services from a company who hires ex-cons to directly interact with them. Logically, that’s not surprising. Why wouldn’t people who are okay hiring ex-offenders or working alongside them also be fine patronizing places that acted similarly?  fastcompany.com/90329075/whats-holding-companies-back-from-hiring-people-with-criminal-records

Recently SHRM launched a new initiative and guidance for hiring organizations.

From FastCompany.com (Apr. 04, 19):

SHRM countered that in late January 2019 by launching Getting Talent Back to Work, an initiative that offers an online tool kit and additional guidance for all types of organizations.  ibid

The action taken by SHRM will certainly push the industry toward hiring and rehiring formerly incarcerated individuals.  And with this action a renewed focus on fair and equal pre-employment background screening will take place.  Criminal background checks will remain an important tool in the hiring process, but where and when criminal background records are reviewed will change, as will the pre-conceived stigma attached to criminal history.

To read more about this subject read recent press release found at:SHRM Pushes for Greater Inclusion of Formerly Incarcerated, a Step that Could Greatly Impact Hiring; Opines CriminalBackgroundRecords.com

Prospective New Law in California Could Wipe Out Certain Kinds of Criminal Conviction Records

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California legislators are looking to introduce AB1076, a new law that would automatically expunge or clear past criminal background records that were misdemeanors or certain non-violent felonies. The purpose behind this new law is to help ex-offenders have an easier time finding employment, getting higher education and finding a decent place to live. Under such law it should make it easier for these types of individuals to be reintroduced to society and minimize the possibility of recidivism.

This potential new law out of California if passed would automatically expunge or clear past criminal misdemeanor or low felony convictions as a means of easing entrance back into society.

Eliminating certain non-violent convictions will remove a criminal history and could allow for easier access to employment, education, and renting for formerly incarcerated individuals.

AB1076 would allow for the automatic expungement of many misdemeanors and certain non-violent felonies and, subsequently, ease reintroduction to society for those with this type of conviction.

From the San Francisco Chronicle website (Mar 07, 19):

People arrested or convicted of crimes in California could have their criminal records automatically cleared under a proposed law announced Thursday by San Francisco District Attorney George Gascón and Assemblyman Phil Ting.

AB1076 would wipe out eligible convictions for people who have completed local sentences and eliminate many arrest records that have not resulted in convictions. Offenders already are eligible to petition the courts for the relief, but less then {sic} 20 percent take advantage of the program… sfchronicle.com/crime/article/San-Francisco-s-Gasc-n-Ting-propose-13671420.php

A criminal history remains a significant challenge that prohibits or greatly impedes reintegration to society. Across the country a movement called “Ban-the-Box pushes to legislate the question of criminal history off applications. The action in California looks to be the next evolution in criminal justice reform within the USA. If the law passes it will allow individuals with certain kinds of criminal background records to clear their history which according to this new bill will make it so the individual’s criminal past never occurred at all.

To read more about this subject see the recent press release: Potential California Law May Affect Use of Criminal History Information

Time for Professional Background Screening of Ride Sharing Drivers

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As ride sharing services like those provided by companies like Uber experience tremendous growth across the country it is time to perform thorough background screening on the part-time drivers.  Just as employment screening of full-time employees helps mitigate risk and determine if a potential employee is qualified for a position the same kind of background screening should be performed on part-time ride sharing drivers as well.

Just because a person isn’t designated as a full-time employee doesn’t mean they don’t pose the same risks as a full-time employee.  These ride sharing drivers are entrusted with the lives of those they drive around and the safety of these passengers should be paramount.  Screening out potential ride sharing drivers that could pose a significant risk due to past behaviors is the best course of action for the overall safety of ride sharing customers.  These part time workers should be vetted the same as full-time employees prior to letting them drive around customers.

Whether at the airport or around town ride sharing (or ride-hail) has had explosive growth over the past decade.  Uber, Lyft and other related companies dominate the short drive hire industry, an industry once dominated by taxi cabs.  The millions of people that use these services have grown to trust them for their safety.

And yet controversy lingers over the hiring of ride-hail/ride-share drivers.  Seemingly on a daily basis the news on the internet is filled with stories about attacks from drivers for ride-share companies.

A recent report by CNN suggests that incidents with Uber drivers have forced the company to create a Special Investigations Unit.

From CNN.com (Jan 22, 19):

According to CNN, the memo stated that the SIU team “manages nearly 1,200 cases per week,” and noted, “Although some reports shared with the SIU are frivolous and later found to have no merit or constitute fraud, we were told that most of the cases reported have some basis of substantiation.”

In the case of violence toward women, the number of instances that have already come to light—even compared to the total number of rides, which Uber estimates at 2 billion over the past two years—is cause enough for alarm.  forbes.com/sites/janetwburns/2019/01/22/report-uber-investigators-faced-trauma-and-huge-caseloads-according-to-memo/#66b70cb427bd

Thorough background screening of many drivers would be a considerable challenge and yet remains an essential task.  The very essence of background screening is risk mitigation.  Public safety should be a primary concern for ride-sharing companies, subsequently risk mitigation would be a critical outcome, and background screening would be an integral element within that risk mitigation program.  With so many ride sharing drivers out there and continued growth in this sector now is the time to mandate professional background screening on all drivers before they are allowed to cart around passengers.  The safety of the customers must be paramount for these ride sharing companies in order to prevent casualties and abuse.

To read more about this subject read recent press release: Thorough Background Screening of Ride Sharing Drivers Could Better Serve the Public; opines CriminalBackgroundRecords.com

New Clean Slate and Expungement Legislation May Alter Employment Screening

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Across the USA over the last several years has seen the emergence of ban-the-box laws in an attempt to help the large portion of American’s with a criminal background record get a job.  Literally these laws ban an employment application from asking the question, “Do you have a criminal record”.  However, States and Jurisdictions are going beyond that and have started initiatives to help those with a criminal past clean the slate and even get their older criminal conviction records expunged and behind them forever.

With the rapid expansion of Ban-the-Box legislation and the subtle transition from banning the box about criminal background to greater Clean Slate and expungement policies, background screening may be poised for significant change in 2019.

Across the country laws and attitudes governing criminal background records, as used in pre-employment background screening and expungement, overall have changed.  Momentum has increased with further updates to the criminal justice system and, subsequently, reform continues.

From MiamiHerald.com (Jan 06, 19):

Prison reform advocates are asking lawmakers to pass legislation that would expunge the records of many convicts.

The “Clean Slate” legislation would eliminate the criminal records of people once they are released from prison and have stayed crime-free for a significant period of time.

Advocates suggest three years for misdemeanors and five years for non-violent felonies.  miamiherald.com/news/politics-government/national-politics/article223995375.html

In Massachusetts a local District Attorney is looking to control the expungement of criminal records.

From PatriotLedger.com (Dec 13, 18):

Marijuana is now legal in Massachusetts, but a past conviction for possession is still part of a person’s criminal record.

Now it’s one of the crimes the state will allow people to put behind them forever and Norfolk County District Attorney Michael Morrissey is working with court and probation workers to help people clear their record.  patriotledger.com/news/20181213/norfolk-da-looks-to-get-handle-on-expunging-criminal-records

Enlightening attitudes in Massachusetts regarding ex-offenders combined with the legalization of marijuana has pushed lawmakers to review criminal related policies.  The most powerful tool to assist ex-offenders achieve gainful employment is the act of expungement.  Once a criminal record is expunged it is no longer available to the general public and employers.  In Massachusetts it is seen as a means to clean up records with some misdemeanors and minor felonies. It is a tool designed to assist formerly convicted individuals reintegrate into society, and it is seen as a key tool to belay potential recidivism.

To help employers stay up-to-date and current with new and potential laws that effect employment screening it is wise to partner with a third-party background screening agency.  This strategy is key for employers to stay ahead of laws governing hiring practices and helps reduce the possibility of discrimination and ensures compliant policies.

To read more about this subject read the recent press release: ‘Clean Slate’ and ‘Expungement’ Legislation May Bring Change to Background Screening, Opines CriminalBackgroundRecords.com

The Emergence of the Gig Economy and Criminal
Background Checks

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In a country where many people want to be their own boss and with companies finding it more expensive to hire full-time employees and rising health care costs the Gig economy has become a huge phenomenon filled with short term deals and freelance work.

The Gig Economy is defined by Wikipedia as a labor market characterized by the prevalence of short-term contracts or freelance work as opposed to permanent jobs.  The gig economy as labelled is a relative new phenomenon in the economy insomuch that so many companies work under this business model.

From the Guardian (Dec. 06, 18):

The “gig” economy was supposed to be an opportunity for entrepreneurs to be their own boss. Everyone from Uber to Postmates, Lyft, Airbnb, Turo and Parklee have all sold themselves as platforms for freelancers and would-be entrepreneurs to work for themselves.  theguardian.com/business/2018/dec/06/is-the-gig-economy-what-it-has-been-cracked-up-to-be

Criminal Background Screening in the gig economy remains a critical concern, just as it would for traditional employment.  Even though these workers are basically self-employed as contractors they still interact with the companies customers and a bad experience with a freelancer and a customer could severely damage the company.

There is a legal difference between someone being an employee and someone being an independent contractor.  Many of the platforms used in the gig economy such as Uber, Lyft, and Postmates may push for the label of independent contractor as the laws governing that title can be less stringent than “employee”. Nonetheless, background screening remains a critical tool in risk mitigation within these types of enterprises.

In the gig economy criminal history records are occasionally used as part of a complete background check but the rules governing this use is not well defined and, subsequently, results can be confusing for employers and can even lead to lawsuits.

In the end the utilization of background checks are all about risk mitigation, and criminal history is an important part of that mitigation.  Criminal history information can be integral to the entrepreneur’s working part-time and even independently from their employer’s company that pays them because in some cases a criminal history report can be predictive of future behavior and although these independent contractors are not officially employees of the companies they work for they surely can be a huge risk to the company if something bad happens between them and a customer.

To read more about this subject read recent press release: Criminal Records and Background Checks in the Gig Economy

The City of New Orleans Bans the Box as does Duke University

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Just recently the City of New Orleans passed an ordinance preventing city contractors from asking about potential new hires criminal history on their job applications.  This new “Ban-the-Box” legislation adds the city to the growing list of jurisdictions currently having such laws.

The reasoning for adding ban-the-box laws is to give potential hires the opportunity to get the job based off of their skills and experience instead of immediately disqualifying them due to a criminal record.

Removing the box on a job application that asks about a person’s criminal history gives them a better chance at being considered for a job.  Ban-the-box laws like the one just recently adopted by the City of New Orleans relates to the use of criminal background records as part of the employment application process.

Typically applications include the “Box” to check if the applicant had a criminal past.  Just by checking this box is it suggested that many applicants make it no further in the process.

From the National Employment Law Project (Sep 25, 18):

Nationwide, 33 states and over 150 cities and counties have adopted what is widely known as “ban the box” so that employers consider a job candidate’s qualifications first—without the stigma of a conviction or arrest record. Borne out of the work of All of Us or None, these initiatives provide applicants a fair chance at employment by removing the conviction history question from job applications and delaying background checks until later in the hiring process.  nelp.org/publication/ban-the-box-fair-chance-hiring-state-and-local-guide/

Background checks can still be conducted but the process is delayed in the hiring process.

In a similar move Duke University has joined other Universities and New Orleans in “Banning-the-box.”

From DukeChronicle.com (Nov 01, 18):

By “banning the box”—and therefore no longer requiring applicants to disclose their criminal records when initially applying—Duke follows a number of similar policies adopted at other colleges.

The move came after other university systems such as the State University of New York system and the University of California system banned the box for all job applicants in September 2016 and July 2017, respectively. Louisiana and Maryland have also instituted statewide bans disallowing colleges from asking about crimes during the application process, and the Common Application is set to follow suit for next year’s college application season.  dukechronicle.com/article/2018/11/dukes-move-to-ban-the-box-follows-trend-established-by-other-states-universities

Although recently passed ban-the-box legislation by another city and another University doesn’t necessarily eliminate the use of a criminal background check in the employment screening or applicant screening process it certainly would delay it until for instance an initial offer was made.  Meaning that at some point background screening reports will still be used and it is still a best practice for Universities and cities to make sure when they are vetting new students and employees that they are using a well-qualified professional third-party background screening agency to do it.

To read more about this subject read recent press release found here: NOLO & Duke Join Growing List of Cities & Universities “Banning-the-box” on Employment & Academic Applications

With School in Full Swing Time for Volunteer Background Screening for After School Activities

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Now that school is in full swing that means time for after school activities.  These activities include sports, clubs and the arts like music and theatre.  These extracurricular activities usually involve volunteer parent assistance.  And anytime you have adults spending time with an at-risk population like children there should be a thorough background check.  Every school utilizing volunteers should take all the necessary steps to ensure the safety of their children.  Having a thorough vetting process that includes criminal history checks, reference checks and the proper verifications is essential to securing the safety of the students.

A best practice for schools requiring volunteers to assist in afterschool activities is a thorough vetting process, one that includes a criminal background check.

At-risk populations, such as children or the elderly, are vulnerable to victimization. Schools using volunteers that interact with children must take steps to ensure their safety.

And the reasons are clear.

In Yadkinville, NC a school volunteer was arrested for alleged malicious behavior.

From JournalNow.com (Oct 02, 18):

A Starmount High School volunteer coach was arrested after being charged with sex offenses involving a student… journalnow.com/news/crime/volunteer-coach-at-yadkin-county-high-school-charged-with-sex/article_9f219f44-9ca9-59f3-8615-4743311e0cc6.html

Things are no different on the west coast.

From theCalifornian.com (Sep 20, 18):

In Salinas California a youth football coach faces “charges of gunning down a man in Chinatown two years ago.”  thecalifornian.com/story/news/2018/09/20/salinas-coach-murder-arrest-what-we-know-now/1362358002/

A potential conviction of murder would certainly preclude an individual from serving as a volunteer but in some areas of the country certain convictions would not lead to a failed background check or rejection from a volunteer role.

In New Hampshire…”A former Winnacunnet High School assistant football coach facing burglary charges was a convicted felon when hired by the school in 2017, but officials say the conviction would not necessarily have prevented him from working in education.”  seacoastonline.com/news/20181005/ex-whs-football-coach-had-prior-felony-convictions

The requirements and legalities of a volunteer background check can vary from jurisdiction to jurisdiction.  A best practice is to work with a well-qualified third party background screening agency.

A solid and thorough background check can work as a barrier to potential predators from working around children as a volunteer.  Despite potential pushback, a best practice remains that all volunteers should be background checked by a well-qualified third-party background screening agency.

To read more about this subject read recent press release: Back to School; Back to Background Screening Volunteers

In a Time of Low Unemployment is Ban-the-Box Laws Helping Formerly Incarcerated People Find Jobs?

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As the USA has recently experienced a sustained period of low unemployment rates the question remains, is this helping formerly incarcerated individuals find gainful employment?  The answer is both yes and no depending on the source.  The combination of low unemployment rates and ban-the-box laws appear to be having an effect on potential employment with those with a criminal background record.

Currently there does not seem to be enough evidence that ban-the-box laws are actually working, however these laws combined with sustained low employment rates do appear to be effective.  With less and less available workers in the USA companies with open positions cannot be as selective as before and some of them are taking serious looks at people with previous criminal records.

As of the posting of this blog the United States has been experiencing a sustained period of very low unemployment rates.  Across the country employers are desperately seeking employees and often times struggle to fill positions.

Concurrently, Ban-the-Box laws have become increasingly popular in order to assist formerly incarcerated individuals in finding gainful employment.

Employers should remain fully aware of all laws pertaining to the hiring process, especially Ban-the-Box laws.  These laws can vary from jurisdiction to jurisdiction, and a best practice continues to be to work with a well-qualified third-part pre-employment background screening agency.

Even with low unemployment numbers in the USA there is still a segment of the population that continues to struggle.

From TurnTo10.com (Aug 10, 18):

With the largest prison population in the world, the United States has a generally unacknowledged unemployment crisis that is not only devastating individuals and their families but taking a toll on the economy.

In the last quarter, the U.S. economy grew at a pace of 4.1 percent. July marked the 94th month of continuous job growth and saw more people returning to the labor force after dropping out. But for the millions of prime working-age adults who have a criminal conviction, the economic picture has been anything but rosy.  turnto10.com/news/nation-world/unemployment-crisis-for-ex-inmates-drags-on-the-economy-amid-push-for-prison-reform

Ultimately hiring managers should continue to be stringent in proper background screening of all perspective employees and must do so in a fair and equal standing, as well as in full compliance with existing law.  Ban-the-Box laws continue to appear across the country and hiring managers should be very aware of all changes in laws that govern hiring.

Although the economic picture for adults with criminal records may in some estimation appear anything but rosy, there certainly are instances of hope.  In New Jersey a potential turnaround in unemployment for ex-cons may be occurring.

According to a recent article posted to NJTVOnline.com (Aug 10, 18) programs designed to assist in gaining employment for former offenders are finding recent success.

Most of the jobs are low wage, entry level positions. But those who have studied post-prison unemployment for years says there is a turnaround in the state.

“I don’t know if it’s attributable to the Ban the Box legislation. I’ve seen it very recently because the unemployment rate is so low,” said Reentry Coalition of New Jersey Executive Director Kevin McHugh. “I’ve been getting calls from human resources departments, employers asking me for help in connecting them with our program people to get them offenders for jobs. That’s just amazing.”  www.njtvonline.org/news/video/has-ban-the-box-legislation-reduced-unemployment-for-former-inmates/

With so many people in the USA that have paid for their offenses it is imperative that they be given a chance at getting hired for a decent job and thus can contribute to the overall economic health of the nation, and more importantly to help aid in the prevention of recidivism.  It is clear that the combination of sustained low unemployment with ban-the-box laws is undoubtedly aiding in the accomplishment of this goal.

To read more about this subject read recent press release found at:  Ban The Box Laws in Low Employment Economy: Are They Helping Ex-Cons Find Employment?

 

Booming Economy Helps Unemployment Rates and Ban-the-Box initiative

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In recent years the United States economy has been booming and the unemployment rate has dropped significantly.  The result of this situation has turned into a shortage of available employees for open positions across the country.  While hiring qualified candidates for certain positions has become increasingly more difficult that does not mean that employers should become lax in their employment screening efforts.

The situation is so prevalent that the term “employee ghosting” has become a common term used when a potential employee gets an interview or even gets hired for a job and then never shows up for work.

Another factor is Ban-the-Box legislation that prevents employers in a certain jurisdiction, State etc. from asking a job applicant if they have a criminal background record.  It is clear that with a booming economy (leaving employers with smaller applicant pools) and not being able to ask about criminal history until an initial offer is made is helping people like ex-cons find gainful employment which may lead to a reduction in recidivism and give many US citizens the opportunity they need to live a productive and meaningful life.

The effects of low unemployment have been felt across the country.

In Colorado the labor shortage has had wide-ranging affects on business and business owners.

From the Coloradoan (Aug 11, 2018):

A decade ago, L&L Acoustical averaged about 60 jobs a month.

Today, the drywall company completes 35 to 40 jobs, not because the work is shriveling up — quite the opposite. There’s enough work to do 60 to 70 jobs in Fort Collins’ robust housing climate, co-owner Gery Lockman said.

While work is plentiful, the workers are not.  coloradoan.com/story/money/2018/08/11/colorado-labor-shortage-worsens-fort-collins-housing-woes/928718002/

Another phenomenon related to plentiful employment is something called “ghosting.”

From Jacksonville Florida’s NBC affiliate, News4Jax (Jul 26, 18):

You’ve probably heard of ghosting — where people go out on a date and never hear from that person again. Well, it’s something that’s become more common in the professional world.

People are landing an interview or a job and then turn into a no-show.

Business owners and staffing agencies say they are dealing with “employee ghosting” now more than ever before.  news4jax.com/news/employee-ghosting-spooking-business-owners

It is certainly the case that some employers have altered pre-employment background screening policies in order to fill open positions but employers should remain diligent in their hiring policy.  Even with low unemployment rates and smaller applicant pools it still remains a best practice to work with a professional employment screening agency before hiring anyone.

To read more about this subject read recent press release found at: Booming Economy Helps “Ban-the-Box”