How Far Do Employers Check a Criminal Background?

Job applicant

Many employers rely on background checks to screen job applicants for workplace violence, theft and other liability issues. If you--as a job applicant, current employee or volunteer--have agreed to a background check and signed a disclosure, you might be worried that something buried in your past, maybe a teenage shoplifting incident or a long-ago major traffic offense, might come back to haunt you.

Abitrary Assessment

It may be that a criminal background check is never done. Background checks are conducted arbitrarily, usually only on the final candidates for a job, even when disclosure forms have been filled out by all applicants.

Limited Reporting

Although the federal Criminal Reporting Act (CRA) allows the reporting of criminal convictions regardless of how long ago the conviction occurred, state laws may limit the reporting of a conviction to a specific number of years from the date of conviction, end of parole, or release from prison. To check your state's time frames for criminal reporting, contact your state's Department of Labor office.

Sealed Records

Some states allow people to seal their criminal records if they have been acquitted or the charges were dismissed. When such a criminal record is sealed, it's as though it never existed. If you were acquitted or you had charges dismissed, contact the clerk of the court for the county in which the case was processed to get information about and forms for sealing the case.

Juvenile Records

In most states, juvenile criminal records are not available to persons or entities searching court files. After a juvenile satisfies the requirements of probation, that criminal record is expunged. To confirm this holds true for your state, contact the court clerk of the county where the case was processed.

Be Proactive

Know what's on your criminal background report before you apply for jobs, especially if you have an arrest record. To obtain your criminal case records, contact the court clerk of the county where the case was processed and review the files.

Self-Disclosure

Even if criminal activity shows up on your background report, you can discuss this with your potential employer, especially if the circumstances indicate minor involvement or other compelling facts. For example, if you were charged with shoplifting twenty-two years ago because you accompanied someone with greater culpability, take the initiative to discuss that with the employer. If the crime did not involve serious bodily injury or great moral turpitude, being forthright and sincere can trump words on paper.

References

• United States Departments of Labor by location

Resources

• The Art of Self-Disclosure