Top Questions about Criminal Record Check

 Even if you’ve served your time, a routine background check that uncovers a criminal record can be used against you, making it more difficult to get a job, rent an apartment, or simply live your life as a responsible citizen.

You may be interested in removing something from your criminal history — and you might be able to do so. Your best bet is to talk to an experienced attorney about what steps to take.

Our legal team has answered the most frequently asked questions we receive regarding criminal records and background checks so you can explore your options.

Here are a few questions you should know the answers to when conducting a Criminal Records Check :

1. What is a criminal record?

Sometimes called a rap sheet, your criminal record is a list of your criminal history. Your rap sheet includes nearly everything about your past illegal activities, such as:

  • Convictions for misdemeanor and felony crimes
  • Sentencing information for any convictions
  • Current charges
  • Prior arrests
  • Previous charges

2. Why do firms undertake a ‘criminal record check’?

Problems can arise when after the selection process, the hired employee indulges in activities antithetical to good conduct and acceptable workplace behavior, manifested in workplace violence, sexual misconduct, financial malfeasance, theft, etc.

The inclusion of criminal background check questions protects firms from claims arising from hiring done without due process. There are instances of firms having hired without the required due diligence of criminal background checks and the offending employee when asked to leave, slapping the firm with large damages claims and, often, even retention claims.

3. Who is to be subjected to a criminal record check?

Usually, criminal record checks are conducted for new hires. However, criminal background checks can also be performed for current employees, sometimes as a matter of periodic routine checks or before a promotion, a transfer, or while effecting changes to some terms and conditions of employment.

4. Are there any regulations governing the checking of criminal records?

In India, there is no law specifically dealing with criminal records or background checks. However, for conducting criminal records checks, the Indian Contract Act, Indian Penal Code, and Information Technology Acts of 2000 and 2005 are often used as benchmarks. Companies that fail to keep personal data obtained on employees confidential may face penalties under the Credit Information Companies (Regulation) Act of 2005.

5. What databases can I use to look for criminal records?

Litigation-related information can also be found via the National Crime Records Bureau and the CBI’s Most Wanted Lists, in addition to district magistrate, state, and Supreme Court public records. The list of defaulters can be found in databases maintained by SEBI, RBI, the Registrar of Companies, and the Central Vigilance Committee’s list of corrupt officials.

6. How do firms undertake the criminal record check of applicants?

Usually, the services of external, third-party firms specializing in providing criminal history checking are availed of. Due to their specialized competencies, they are better equipped to undertake a thorough, accurate, and comprehensive check.

Over time, these firms may also provide feedback on shortcomings in the system and on measures to improve the job application criminal background checking process.

The efficacy of the process is also dependent on the ability of the firm’s HR team to understand the nuances of the criminal record check process.

Suppose the HR team is aware of the extent of the criminal record data held with various agencies and the level of access that the agencies permit. In that case, it helps ease any friction that may arise between the firms requesting and providing the background check service.

7. What should you do if you come upon anything negative?

One of the most basic steps in recruiting the best individuals is to run a criminal background check. After a thorough investigation of the applicant’s background, a hiring decision should be made. Before making a hiring choice, it’s a good idea to offer the employee an opportunity to explain the negative finding.

8. How can the HR manager confirm that the criminal background check on the job application is accurate?

The greatest criminal background checks are those that are accurate, thorough, quick, and obtained legally. The inclusion of criminal background check questions in the job application is the first step in conducting a complete criminal record check.

The checks can take a long time, cost a lot of money, and necessitate a lot of diligence. For interstate and international hires, the problems multiply. The HR manager should not let any financial or time restrictions allow the criminal background records check process to be shortened.

The content is added from the blogs of Kent Collins Law firm,  mimoiq, and SpringVerify India. 

Comments

Post a Comment

Popular posts from this blog

How to play pictionary?

  Let’s learn how to play pictionary on microsoft teams and other platforms. COVID-19 has led to an explosion of virtual happy hours, coffee bars, and other digital events as organizations look for ways to boost morale and keep spirits high during an uncertain time. At APQC, we are privileged to be able to hear strategies and insights about what our members—some of the most successful and resilient organizations in the world—are doing right now to help their newly-remote workforce take a breather and have some fun. We were inspired by a recent Human Capital Management webinar we hosted with Lisa Ryan (chief appreciation strategist at Grategy), who discussed remote Pictionary among other ideas as a fun way to keep morale high and engage employees during the COVID-19 crisis. As we began planning this activity, we had a hard time finding instructions or directions for how to get the game set up for remote play. We did the work so you don’t have to—Below are the steps we took to get t...
Read more

Making social impact with corporate volunteering

Image
Making social impact with corporate volunteering A good employee volunteer program encourages employees to volunteer in the community by donating their time, skills, and resources to make a positive impact in society. These activities help employees develop new skills, improve team collaboration, and become champions of the company mission. Whether you’re launching a new corporate volunteering initiative or expanding an existing one, look no further. We have compiled company volunteering ideas to assist you in initiating or expanding your employee volunteering efforts.  We have also included a checklist toward the end of this article to help teams execute a purposeful corporate volunteering event . Top 12 Corporate Volunteering Ideas for 2023 Virtual volunteering ideas Virtual volunteering enables employees to support global causes, regardless of their location. Employees can show their support through various virtual means such as Disaster relief aid 1. First-aid kit supply driv...
Read more

What can you see in a background check to assess its reliability?

  What can you see in a background check to assess its reliability? Accuracy in background screening is critical to your hiring process. Without it, you’re wasting valuable time and financial resources, and you’re increasing hiring risk. An accurate background check provides you with the assurance you’ve taken extra steps to understand the people you hire and protect your customers, patients, and workforce. However, selecting just any background screening provider doesn’t guarantee accuracy. In fact, it may even result in hiring decisions based on erroneous or incomplete background information. Signs You’re Not Getting Accurate Background Checks  In the 2021 Professional Background Screening Association (PBSA) and HR.com employer background screening survey , respondents named quality and accuracy the most important factors when considering a background screening provider. However, some employers find quality and accuracy difficult to achieve, especially when working with a s...
Read more