Can you use Criminal History Records?

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Practical answers to your perplexing federal and state labor law compliance questions on Criminal History Records are just 2 minutes away:
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Acquiring criminal history records from a background check seems logical based on the statistical evidence that 5% of screening reports reveal serious criminal records and 35% of resumes contain falsified or embellished information. If that weren't enough, workplace violence is the second leading cause of on-the-job deaths in the United States, and in 1992, workplace violence cost employers an estimated $4.2 billion. In addition, employees steal about $400 billion annually from U.S. businesses.

But, using criminal history records is not as clear-cut as it may seem. Even if information is legally contained in a criminal history report, the employer may not be legally allowed to use it in an employment decision. State law controls what information an employer may consider when making an employment decision. For example, at least 12 states prohibit an employer from using an applicant's arrest record when making an employment decision, and most states also restrict an employer's use of criminal history records that are sealed, annulled, expunged and/or pardoned by the governor.

Get the Specifics on the Criminal History Records
HR.BLR.com is the most complete source for practical human resources advice and plain-English compliance analysis available anywhere. No matter what the HR topic - from termination to criminal history records - you’ll find hands-on help you can count on.

As the laws in different states on Human Resources get more difficult and complex, keeping current can spell the difference between success and disaster for your business. The HR.BLR.com editorial staff monitors a host of private and government sources to keep you up-to-date on all the important human resource developments.

The HR Library has more helpful criminal history records resources like these:

7 Steps to Avoid Hiring a Criminal

State Laws Concerning Criminal History Records

What’s Changed Since September 11

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