Today, employers are more concerned than ever about arrest records.
They want to be sure that a criminal background check will reveal these records and, equally as important, that it will fill in the details of the arrest. Typically, a new arrest will show up on an Employee Criminal Background Check in Buffalo within twenty-four hours of the arrest.
As an employer, it is important to keep in mind that an arrest is not a conviction. Of course, you can still eliminate an applicant from consideration based on the arrest, and, in most cases, you can terminate or suspend a current employee for an arrest as long as your action is reasonable.
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http://www.metro-check.com/blog/employee-criminal-background-check-buffalo-ny/
What Type of Arrests Show Up on an Employee Background Check
1. What Type of Arrests Show Up on
an Employee Background Check?
2. When it comes to background checks, it is
important to uncover arrest records.
While an arrest is not a conviction, it
should raise red flags. Employers can deny
employment or terminate employment
based on arrest records, within reason.
Why Look At Arrest Records?
3. 1. Pending Case
2. Arrest Without Conviction
3. Arrest With Conviction
Three Arrest Designations to Understand
4. Pending Case
This designation indicates a person has
been arrested and charged with a crime.
However, there has been no trial or plea
bargain entered into record. If the nature of
the crime concerns you, you may want to
reconsider the employee. If the crime does not
concern you, you may choose to overlook it.
5. Arrest Without Conviction
This means the individual was arrested for a
crime but the charges were dropped or the
individual was found not guilty at trial.
6. Arrest With Conviction
This designation indicates that the individual
was arrested and either pled guilty to the crime
or was prosecuted and found guilty at trial.
7. Can You Legally Consider Arrest Records?
In most cases, yes. Employers may consider
arrests within the last seven years.
The Fair Credit Reporting Act (FCRA) permits
employers to use arrest records in hiring
decisions, however, some states actually do not
allow it. Always check with your legal advisor
when considering arrest records.
8. Be Aware Of Anti-Discrimination Laws
Despite the FCRA, The Equal Employment
Opportunity Commission (EEOC) cautions
employers to have a good reason for denying
employment based on an arrest.
It is always wise to check with your legal
advisor before using arrest records as a
reason to deny employment.
9. Should You Check Arrest Records?
There are some industries that require
checking arrest records, such as:
• Financial services
• Banking
• Airlines
• Education / Childcare
• And more
10. What If Your Industry Doesn’t Require Arrest Record Checks?
It is still wise to check arrest records. Certain
types of convictions or patterns of behavior might
make a person unsuitable for your opening.
For example, someone with convictions for fraud
might not be the best candidate to have access to
client payment information.
11. How To Navigate The Legal Minefield of Arrest Records
Pre-employment background checks can give you
new perspective on a job candidate. However,
everyone deserves a second chance, and it’s
difficult to know the circumstances of an arrest.
Denying employment based on an arrest can put
you in legal hot water, as well.
It is always best to work with an expert.
12. Who Can You Turn to for Help?
The right screening company can help you gain access to
the most accurate records, helping you see clearly whether
someone was arrested or convicted for a crime.
They can also ensure you are not seeing
the same case multiple times.
Once you have the proper records, you can provide
your legal advisor with accurate information
as you make hiring decisions.
13. Looking for the Most Accurate Background Information?
Metrodata Services Inc. is one of the leading
pre-employment screening firms in Buffalo.
We are here to make sure that you are getting accurate arrest
information so you can make the best possible hiring decision.
Learn more about our screening services to
ensure you hire right, the first time.