• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Submissions
  • About Us
  • Contact Us
  • Jun 6, 2023
  • Startup
    • Creating a Plan
    • Funding a Startup
    • Franchise Center
    • Getting Your Office Ready
    • Making Your Business Official
    • Marketing Your New Business
    • Personal Readiness
  • Run & Grow
    • Customer Service
    • Human Resources
    • Innovation
    • Legal
    • Operations
    • Risk Management
  • Leadership
    • Best Practices
    • Communication
    • Green Initiatives
    • Open Culture
    • Strategic Planning
    • People Skills
  • Sales & Marketing
    • Advertising and Lead Generation
    • Marketing Innovations
    • Marketing Plans
    • Online Marketing
    • Relationships
    • Sales Activities
  • Finance
    • Budgeting and Personal Finance
    • Payments and Collections
    • Tax and Accounting
    • Pricing Strategy
    • Working with Investors
    • Working with Lenders
  • Tech
    • eCommerce
    • Hardware
    • Software
    • Security
    • Tech Reviews
    • Telecom
  • Shop

SmallBizClub

Helping You Succeed

taxbandits banner
Home / Ask SmallBizClub / Human Resources / How can I do a background check on an individual, to see if they have a criminal record?
How can I do a background check on an individual, to see if they have a criminal record?

How can I do a background check on an individual, to see if they have a criminal record?

2468 Views

Aug 30, 2013 By Bill Wortman

How can I do a background check on an individual, to see if they have a criminal record?

 
Answer:
General criminal record search tools: We assume that you are an employer seeking to do a background check on an employment applicant and we have provided information, considerations, and resources below. However, if you want to do a general criminal background check on an individual, you can use state and other online resources like the following examples (we cannot attest to the accuracy of this information):
  • Criminal Records Search: usa-people-search.com
  • Free Criminal Record Searches: blackbookonline.info

 
Job applicant criminal background searches: Background checks are usually done after an interview or interviews and in conjunction with a job offer that is contingent on the background check not revealing any problems or issues that would disqualify the candidate. Also, by law conducting a comprehensive background check on a candidate requires the candidate to consent to the check. However, if your company engages an employment agency to locate prospective candidates, then the employment agency will typically have conducted some form of preliminary background check of candidates before they are presented to you for the interview process.

 
From a general business perspective and as discussed in the government and HR industry information below, criminal records can be used to help avoid potential negligent hiring problems and certain other employment situations. However, a criminal record does not disqualify an individual from every type of job and discriminating against job applicants with criminal records is, of course, illegal. You can review government and HR industry information on the permitted use of criminal record in employment situations at the following websites:
  • Perform Criminal Background Checks At Your Peril: wsj.com
  • Criminal Background Checks Cannot be Used to Discriminate: thetastforceblog.org
  • Consideration of Criminal Records in Employment Decision: eeoc.gov
Negligent hiring considerations:
  • EEOC Guidance to Avoid Negligent Hiring: stites.com
  • How to Avoid Negligent Hiring: arsbackgrounds.com
  • Negligent Hiring Law & Legal Definition: uslegal.com

 
Job applicant background check considerations: The approach to employee background checks varies based on a company’s in-house resources, the information required in connection with the job responsibilities and several other factors: work experience, driving record, criminal record, financial data, drug and alcohol tests, etc. Also, laws vary regarding confidential information access, usage, and required employee written approval. Employee background checks can be done in-house or through outside agencies; however, it is important for you to be aware of the laws regarding treatment and handling of confidential employee information. To develop a better understanding of the background check process and develop your employee background check procedures, you can review information and tools for the handling of personal background checks at the following websites:

  • Small Business Owner Background Check Guide: privacyrights.org
  • Background Check Precautions for Pre-employment Screening: about.com
You can perform employee background checks (including reference checks) yourself and some free background information may be available from former employers, personal and professional references, the DMV or other government agencies, and other sources; however, paying for a professional and comprehensive background check is often a good investment. In terms of background check procedures, employers must ask for the recruit’s permission to conduct a background check on a form separate from the job application or other paperwork. If a potential employer wants to talk to a recruit’s friends, associates or neighbors, they must obtain a separate consent for what is known as an investigative consumer report. In addition, if an employer wants to see a recruit’s medical records, the recruit must give specific consent. While you can locate sample employment application and consent forms at websites like the following, we recommend that you have your drafts reviewed by local legal counsel to assure that they comply with federal and any state specific laws governing background check procedures:

  • Sample Job Application Form: about.com
  • Job Application Printable Download: docstoc.com
  • Background Check Authorization Form: ecriminalrecords.com
  • Consent for Drug/Alcohol Testing: ilrg.com
In terms of reference checks, the same discrimination laws that apply to interviewing apply, generally, to reference checking, so you should not ask or answer questions about marital status, age, disabilities, religion, ethnicity or other personal issues. As to interview and reference check questions, the following information includes samples and suggestions for developing your questions and provides examples for checking previous employer references:
  • Re-Recruit Your Top Performers: rismedia.com
  • Ask Right to Hire Right: about.com
Links and references to samples and template documents have been provided pursuant to your request. Templates and sample documents can be very useful but businesses should exercise caution in the use of such documents. Sample employee handbooks for example may not include every topic needed to address your particular fringe benefit programs, compensation plans, and other circumstances. A well-conceived document will, however, be relatively easy to modify, allowing you to add and delete sections as appropriate. Due to the complexity of labor laws and the potential for liability in such areas as discrimination and confidentiality, we recommend that all employee handbooks and personnel policy statements be reviewed by a qualified labor lawyer.
Background check services: We have no direct experience with these companies, but the following are example employee background screening services that can be located through the Yellow Pages or with an Internet search:
  • Background Check Services Review: toptenreviews.com
  • Employee Screening Solutions: kroll.com
  • Pre-Employment Screening: lexinexis.com

Filed Under: Human Resources

Bill Wortman

Bill Wortman

As the Chief Business Consultant at BizCoachingOnDemand.com, Bill has over 40 years of business experience. He's held multiple executive-level positions and fulfilled the role of CFO at large, publicly-held (NYSE, NASDAQA, and AMEX) corporations. In addition, he's also been an owner of several successful private ventures in real estate and in the automotive industry.

Related Posts

  • How to Grant Equity to Employees
  • Hiring Sales Staff?

Primary Sidebar

From the Editor’s Desk…

What We’re Reading

Leading With Gratitude, by Adrian Gostick and Chester Elton
Research shows that grateful bosses have happier more productive workiers and they fare better themselves. Here’s how to do gratitude right

Working From Home: Making the New Normal Work For You, by Karen Mangia
Look good on Zoom; When to accept meetings; How to pass on new workloads, and other helpful tips.

Blue Collar Cash: Love Your Work, Secure Your Future, by Ken Rusk
Guidance to those who want to skip the student loans and 4 years and pursue blue-collar careers that lead to success, from someone who did it.

Making Conversation, by Fred Dust
When work meetings become joyless time suckers, here’s advice for conversations designed to move things forward with clarity and context.

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
Subscribe to our Mailing List

Run & Grow

Guide: How to improve the recruitment process with ChatGPT

Jun 5, 2023 By SmallBizClub

15 Reasons No One Cares About Your Small Business Right Now

May 31, 2023 By Jeremy Bowler

4 Things to Keep In Mind When Choosing Your Next Vehicle

May 30, 2023 By Becky Wilson

The Power of Collaboration: Why It’s Essential for Small Businesses

May 25, 2023 By SmallBizClub

taxbandits banner

Footer

About Us

Small Biz Club is the premier destination for small business owners and entrepreneurs. To succeed in business, you have to constantly learn about new things, evaluate what you’re doing, and look for ways to improve—that’s what we’re here to help you do.

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

Copyright © 2023 by Tarkenton Institute, Inc. All Rights Reserved | Terms | Privacy