Adding state based criminal searches to your screening program increases your level of due diligence
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.
Use of Arrest Records in Hiring Decisions
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.
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