Criminal Background Checks For Employment Show An Outstanding Warrant - Now What?

BusinessManagement

  • Author Chris Harmen
  • Published December 10, 2010
  • Word count 505

For any hiring manager, it would be surprising to find that after running criminal background checks for employment of new personnel, that a potential hire would have a conviction record or even an outstanding warrant. This would be a difficult situation for any hiring manager, but a hit on a criminal record check does not disqualify a person from being hired automatically. In fact, that would be discrimination to deny employment to a person solely based on the basis of a prior record.

If a criminal record check does return past convictions or an outstanding warrant, there are many different approaches to take.

What Criminal Background Checks For Employment Tell A Hiring Manager

There is a certain social stigma that comes with having a record, but that aspect of a candidate's history is not the whole story. Thorough screening procedures look for a complete employment history along with Social Security number verification, degree earned, driving records, license and credential verification, credit profile information, and drug test results. Each result only tells a part of the story.

In the case of an outstanding warrant, this fact does not mean an applicant is a dangerous fugitive hiding out from the law. In many cases, it just means that there is an outstanding legal issue, such as a failure to appear at a court date for a driving violation. In total, the contents of a criminal record check will determine whether or not it should disqualify a person from employment.

When NOT To Hire An Applicant Who Fails A Criminal Record Check

For any criminal background checks for employment, if a candidate has a conviction for a crime that would interfere with their job, then the hiring manager is within their rights to deny employment. This situation might occur if a person has had drug charges and they were applying to work in the pharmaceutical industry. Violent crimes might prevent a person from excelling at customer relations or from working as a caregiver or in another healthcare profession. Major motor vehicle violations could disqualify someone who would have to drive as part of the position.

If an outstanding warrant applies to a violent crime, it is best to contact the authorities and never confront the applicant.

When To Hire An Applicant Who Fails A Criminal Record Check

So if the criminal record check shows a conviction that would not interfere with the job being offered, there is no reason to deny the job to an otherwise qualified person. Applicants who self-report their prior crimes are also demonstrating a degree of trust and responsibility about prior actions.

Be open with the applicant and tell them that they are qualified for the job, but they need to resolve their outstanding warrant before they can be hired. There is no need to pass on an otherwise perfectly qualified candidate.

At the end of the day, always be mindful of company policy and local laws to make sure any final hiring decision is within the bounds of the law and company policy.

Chris Harmen is an author for AccuScreen, the industry leader in the criminal record check since 1994. AccuScreen provides a comprehensive criminal background checks for employment.

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