6 Tips On How To Find Out If Someone Has A Criminal Record Before Hiring Them

Last Updated on August 7, 2023

The hiring process can be a long and difficult one. There are many things to consider, and oftentimes, you have to filter through a lot of different applicants. One of the many things that job employers must consider is doing background checks on the individuals they interview. This is done for several reasons, from employee safety, to protecting the company from potential risks. But before you go out and start looking into your candidates’ potential criminal history, there are a few things that you should consider.

Is It Necessary For The Job?

The first thing that you need to figure out as an employer when you are looking into doing potential background checks is to know if it is needed for the position you are hiring for. As much as you would like to know about your applicant’s possible criminal history, criminal record checks are not always necessary for all jobs. It is still important to do employment checks to review an applicant’s work history, but this will often suffice the requirements and standards you have of your potential employees. If you do feel it necessary to do such a check, you have to determine it is necessary for the position you are hiring for and the performance of the job. Examples of relevant criminal history to a job or position and the reasoning why would be someone that is applying for a position in finance and handling money, who has been convicted of criminal charges for embezzlement as the person would potentially be directly involved in a position with large sums of money being transferred. Again, the position has to clarify the reasoning for the criminal check and why it is relevant to know this information.

It Must Be A Fair And Equal Process

You cannot legally single out any one individual, asking for a background check from a potential employee that you are suspicious of. You must create an equal opportunity process that follows all the procedures and regulations of your local laws when it comes to employment. So if you are interviewing for a position you are hiring for, and you demand a background check be done, you have to ensure that you do those checks are cleared with every potential employee that you interview and that no individual person is targeted or singled out. If you are not fair in doing so, you will put your business and company in jeopardy for legal action to be taken against you for potential discriminatory practices and prejudices. If you’re unsure about what questions are appropriate, check out these Massachusetts background checks.

Communicate To Them About Potential Criminal History

If you are trying to find out if someone has a criminal record during the hiring process, you have to communicate with that person beforehand. This is because you cannot legally do a criminal record check without that individual’s consent. It is important that you state your intentions prior to doing any sort of official inquiry or investigation. With most hiring processes, the potential candidate is often open and willing to provide that check for their employer. If you do communicate about their past, they may reveal any concerns to you upfront, which would then save you time if that information would be significant in your decision. Once you have communicated your intentions to formally do a criminal background check, you will need to process that officially. You will do this with written consent of the potential employee. You have to attain this consent because getting this information is private and in many places, illegal to do so without the knowledge and confirmation of the other party. Most hiring packages and forms will and should clarify this step, outlining exactly what is going to be checked for and have the individual sign off on it.

Provide Enough Time In The Hiring Process For Checks

If you know that you will be doing a criminal background check for the open position you are interviewing for, you should start your hiring process earlier than you normally would if your business did not require such checks. Filing for the background checks is easy but getting these them processed and verified, according to www.enhancedcheck.co.uk, will take time, requiring a few weeks. This is why it is smart to factor in this lengthy step into your hiring in order to fulfill the requirements of your interview process as promptly as possible and not leave you with empty positions for too long. If you do not factor in the time that it will take to do these criminal background checks, your hiring timeframe will be much greater than you prefer, risking your business on losing out on some potentially qualified and excellent candidates.

Keeping It Confidential

If you are planning on doing a criminal record check, as an employer or interviewer, you have to remember that all the information that is transferred and shared between individuals is private. The criminal information is meant for purposes of determining the eligibility and qualifications to work within the demands of a position and job. That information cannot be shared or made public. Breach of this information could result in legal issues with the breaching party, whether that is the interviewer, the employer, the company, or a combination of all of them.

Their Side Of The Story

The great thing about doing interviews is that the ability to have in-person discussions provides an opportunity to communicate with each other. You, as the one conducting the interview, have the chance to ask what the other side of the story is. Having this opportunity can give you enough insight to make a better decision in regards to hiring the right candidates, factoring in all the right qualifications despite the presence of criminal records.

The process of interviewing candidates for open job positions requires a lot of different considerations. If you are going to conduct criminal history checks, make sure that you take the necessary steps in order to guarantee your company is within its legal rights to do so. You are entitled to your security and safety.