How Far Back Can Employers Check Criminal Background?
As an employer, it’s essential to ensure that you’re hiring the right candidate for the job. One of the ways to do this is by conducting a thorough background check, including a review of a candidate’s criminal history. But how far back can employers check a criminal background?
What is a Criminal Background Check?
A criminal background check is a process used by employers to gather information about a candidate’s criminal history. This can include information such as:
• Arrests
• Convictions
• Sentencing
• Probation or parole
• Expunged or sealed records
How Far Back Can Employers Check?
The answer to this question varies depending on the jurisdiction and the type of background check being conducted. Here are some general guidelines:
• Federal Laws: The Fair Credit Reporting Act (FCRA) and the Equal Employment Opportunity Commission (EEOC) guidelines state that employers can only request information from the past 7 years. However, this may vary depending on the type of crime and the state where the crime was committed.
• State Laws: Some states have their own laws regarding the disclosure of criminal records. For example:
- California: Employers can only request information from the past 10 years.
- Florida: Employers can request information from the past 7 years for non-violent crimes and the past 10 years for violent crimes.
- New York: Employers can request information from the past 7 years for most crimes, but up to 10 years for sex offenses.
• Exceptions: There are some exceptions to these guidelines, including: - Felony convictions: Employers can request information on felony convictions regardless of the time frame.
- Sex offenses: Employers can request information on sex offenses regardless of the time frame.
- Professional licenses: Employers may be able to request information on criminal convictions related to a professional license, even if the conviction is more than 7 years old.
When Can Employers Check a Criminal Background?
Employers can check a criminal background for various reasons, including:
• Pre-employment: Employers can conduct a background check as part of the hiring process, but only after obtaining the candidate’s consent.
• Post-employment: Employers can conduct a background check after an employee has been hired, but only if there is a legitimate reason for doing so, such as a security breach or a violation of company policies.
• Contractor or vendor: Employers can conduct a background check on contractors or vendors who will be working on their premises or with sensitive information.
Best Practices for Conducting a Criminal Background Check
When conducting a criminal background check, employers should:
• Obtain consent: Ensure that the candidate or employee has given consent for the background check.
• Use a reputable background screening company: Use a reputable company that follows the FCRA and state laws.
• Limit the scope: Only request information that is relevant to the job and the company’s needs.
• Follow up: Follow up with the background screening company to ensure that the information is accurate and complete.
Conclusion
In conclusion, the answer to the question "How far back can employers check a criminal background?" is complex and depends on various factors, including federal and state laws, the type of crime, and the employer’s specific needs. Employers should ensure that they are following the proper procedures and guidelines when conducting a criminal background check, and that they are using a reputable background screening company to gather information.
