ESR performs state based criminal record searches where available directly from the agency legislatively designated to maintain those records.
Note that there are only a few states that meet the best practice standard of courthouse searches largely due to state records being incomplete, not having identifiers or records not being updated (at least on a monthly basis). Where state records are not court house equivalent, they are suitable as supplemental to expand the level of due diligence but not sufficient as a stand-alone criminal search. There are also states that do not make state repository records available to the public without a regulatory requirement. In states with a unified court system (equivalent to hands-on search) the statewide system may be used in lieu of individual county searches enhancing the scope and thereby increasing level or due diligence.
Wise use of statewide records based on what they actually provide can be part of an effective part of a safe hiring program.
An employer must make certain they understand all of the rules and limitations about the fair, appropriate, and non-discriminatory use of criminal records. A 2012 Guidance from the Equal Employment Opportunity Commission (EEOC) has laid out in detail the process employers should utilize in order to make sure that criminal records are used fairly.
ESR makes extensive material available to clients on the fair and proper use of criminal records. Under no circumstances can an employer automatically reject applicants on the basis of a criminal record.
Contact ESR for More Information.
Employment Screening Resources® (ESR) is a global background check firm that is a strategic choice for employers who need accuracy and compliance in their background screening programs.
ESR is accredited by the National Association of Professional Background Screeners (NAPBS®) and undergoes yearly SOC 2® audits to ensure the privacy, security, confidentiality of consumer information.
ESR founder and CEO Attorney Lester Rosen wrote the book on background checks with “The Safe Hiring Manual.” To learn more about services and solutions from ESR, please fill out the form to the right.
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