Can An Employer Legally Check My Criminal Record?

Yes, typically U.S. employers can legally look into an applicant's criminal record, but what they should actually consider criminal behavior varies between states and depends a great deal on what the state laws are. In fact, in many states, companies cannot consider arrests that do not have convictions, and they generally cannot ask you information about them.

What kind of information will not be taken into consideration when an employer asks to check my criminal record?

Most arrests without convictions have to do with being found not guilty or when the case was dismissed, the case was no papered, or the case was not prosecuted.

Supposedly an employer can only consider convictions that relate to the whether the applicant is suitable for a job or not, but we kind of know how that goes. An employer cannot ask about any juvenile criminal records a candidate may have.

Why do employers need to check my criminal record?

Most employers want to keep their work environment safe. Unfortunately with the onslaught of terrorist activity, and violent activity, employers cannot be sure about who their employees are unless the perform a criminal background check. The business world has become very nervous about these types of situations.

Another reason why they need to check your criminal record is because many large companies have been sued for being negligent in the hiring process. So they want to be sure to do their job right, and avoid major problems for themselves later on down the road.

How long will criminal appear on my record when an employer goes to check my criminal record?

Any criminal judgment will remain on your record for a period of 10 years, although if the criminal activity happened when you were a juvenile. Employers usually cannot ask about juvenile criminal records.

Are some employers required by law to check my criminal record thoroughly?

Yes, employers in certain fields are required to do thorough background checks on their employees. Especially in fields like childcare, security fields, education, home healthcare, nursing, and any field that may involve children or elderly people.

What will an employer take into consideration when he asks to check my criminal record?

* An employer will take into consideration any arrests and convictions, and will study the reason for these and how severe they were.

* He should also consider how long ago the conviction happened. He will not take a conviction that happened as far back as nine years ago as seriously as one that recently happened.

How do employers get my criminal record?

An employer will usually hire an investigative service to acquire this information for them. Some companies have internal departments that will conduct the entire process for them.

Unfortunately in this day and age there is no real way to get around this. There need to be new laws and regulations that govern the processes by which a company can hire someone who has a criminal record.

Criminal Record