The records must show that during the past 20 years for a felony, and the past 10 years for a class A or B misdemeanor, the person has not been convicted of, or sentenced to deferred adjudication for, an offense against a person or a family, an offense against property, or public indecency. A check done in compliance with these requirements entitles the person's employer to a rebuttable presumption that the employer did not act negligently in hiring the person.
Recommended : do such checks on anyone who will be going into a person's home, garage, yards, driveways, or any other areas where the employee could come into contact with people at their homes. With respect to applicants younger than 18, if possible, secure written permission from the child's parent or guardian to conduct background or drug tests. Unless a law requires such a question, do not ask about arrests, since the EEOC and the courts consider that to have a disparate impact on minorities - a company can ask about convictions and pleas of guilty or no contest.
If an EEOC claim is filed, the employer must be prepared to show how the criminal record was relevant to the job in question, i. Conducting a job-relatedness inquiry involves treating each applicant as an individual - the employer must be able to articulate how it determined, with respect to an individual applicant, in light of the applicant's criminal history, and concerning the job in question, that hiring the person would have involved an unreasonable risk of possible harm to people or property.
In Texas, asking only about "convictions" will not turn up some forms of alternative sentencing - for example, under the law of deferred adjudication, if the person given such a sentence satisfies the terms of probation, no final conviction is entered on their record, and the person can legally claim never to have been "convicted" of that offense - however, they would have pled guilty or no contest to the charge such a plea is necessary in order to qualify for deferred adjudication , so if it is necessary job-related to know about about convictions and guilty or no contest pleas, the question would have to be rephrased - see the discussion directly above about the job-relatedness of an offense.
In the case of Kellum v. Sample question about criminal history: "During the past fill in the number years, have you been convicted of, or have you pled guilty or no contest to, a felony offense? If yes, please explain in the space below. Answering "yes" to this question will not automatically bar you from employment unless applicable law requires such action.
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Try to consider only criminal history that is recent enough to be relevant, given the nature of a particular offense, the nature of the job, and the corresponding level of risk of harm - the remoteness of an offense is a factor in the job-relatedness determination noted above. To minimize the risk of an EEOC claim, and to be as fair as possible, try to keep the following in mind:. If an exclusion based on criminal conduct would have a disparate impact on minorities, EEOC expects the employer to develop a "targeted screen" that takes into account the nature and gravity of the crime, how much time has passed since the crime occurred, and the specific functions of the job in question.
Any person excluded by such criteria would then have an opportunity for an individualized assessment to determine whether the criteria as applied are job-related and consistent with business necessity. The individualized assessment would involve notice to the individual that the criminal record may result in him or her not being hired, an opportunity for the applicant to explain why the exclusion should not be applied under his or her particular circumstances, and consideration by the employer of whether the individual's new information justifies an exception to the exclusion and shows that the policy is not job-related and consistent with business necessity in the applicant's specific situation.
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Never ask an applicant to take a polygraph exam, unless your organization is statutorily required to do so - that would be a violation of the Employee Polygraph Protection Act of , a federal law. An employer may require an applicant to be responsible for submission of official records, transcripts, certificates, and licenses. Using an agency for employment purposes that doesn't comply with FCRA guidelines can result in a lawsuit for your business and fines.
To determine the best background check services in , we researched and analyzed several companies. Here is an explanation of our selection process. We began our search with an initial list of more than background check services. Some of these companies we found through online searches, and some were agencies that reached out to us asking to be considered.
Next, we researched each provider, investigating its services, reviewing sample background check reports, reading user comments and interviewing small business owners. We also considered pricing. After narrowing the list further, we contacted each company's customer service department, posing as a small business owner.
We visited company websites, read online reviews and made calls to customer service representatives. If some services had live chat on their website, we tested their live chat support. We analyzed each service based cost, types of criminal searches conducted, ease of use, how easy the reports are to access and understand, how long searches take, Better Business Bureau complaints, National Association of Professional Background Screeners NAPBS accreditation and compliance with the FCRA.
For household employer services, we used a similar methodology but only for those services that stated they cater to household employers. At Business News Daily, we are dedicated to finding the best services and products for your small business.
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We understand that your time is valuable; therefore, we invest dozens of hours into researching and testing the best background check services, so you don't have to. We strive to keep our reviews up to date.
Each year when we update our reviews, we report on new industry changes. In addition, we evaluate any new services. In addition to our recommendations this year, below are two companies we previously selected as best picks:. Here is a condensed list of the top background check providers we recommend.
This alphabetical list includes our best picks. A-Check Global A-Check Global is a background check company that offers great customer care and customizable background screening solutions to its consumers. This agency conducts several searches like Social Security number traces, address history checks, criminal history checks, sex offender registry checks, professional license verifications, motor vehicle records checks, and education and employment verification.
AccuSource AccuSource provides employers with customized employment background checks. It offers several features, including drug and alcohol testing, international background screening and credit checks, among others. AmericanChecked Inc.
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With more than 2, integration options, it can service businesses of any size or complexity. It uses advanced technology to conduct several searches like criminal history, reference checks and employment verification. Background Screeners of America Background Screeners of America provides employers with customizable background check services and caters to a variety of small business employment screening needs. ClearStar ClearStar provides employers and hiring managers with a mobile-friendly platform where they can purchase fast, easy-to-use background check services.
ESR is a Strategic Choice.
Their services are available across the globe. It offers industry-specific plans and specialty screening like international, social media and drug screening. Corra Group Business owners can conduct a variety of background check searches, depending on your business's needs. Crimcheck Crimcheck allows businesses of all sizes to run background checks on potential employees.
Employers Choice Screening Employers Choice Screening provides services that comply with state and federal regulations. It offers pre-employment screening to a variety of industries. Their background checks comply with the FCRA. This background screening service offers FCRA-compliant solutions to organizations of all sizes. Types of services include drug testing, Social Security number traces, address history, criminal records checks, domestic and global terrorist watch list checks, sex offender list checks, professional license verifications, motor vehicle records checks, and education and employer verifications.
HireRight HireRight is a great background check agency that offers services to a variety of industries. It provides employers and hiring managers with helpful background check information and online resources. Intelifi Intelifi offers background check services to employers looking to screen potential employees. In addition to standard background checks, this agency offers advanced screening services like drug testing.
Justifacts Justifacts Credential Verification Inc. OneSource OneSource offers a combination of standard and unique background check services, like pre-employment screening, tenant screening, certified contractor screening, volunteer screening and TotalCheck learning.
Pre-employ Pre-employ has several years of experience offering a variety of background check services. In addition to standard screening, it also provides drug screening, and volunteer and student checks. It also offers additional resources like drug screening and online training. Businesses can choose from multiple screening services or create their own customized search. Reliable Background Screening Reliable Background Screening provides its clients with a variety of background check services.
These include employee and volunteer screening, as well as membership and potential tenant screening. Shield Screening Shield Screening not only has comprehensive background check services and features, it provides users with hands-on customer service.
Its self-service division, SterlingNOW, is the agency we recommend for businesses wanting a DIY option for conducting background checks. It offers quick, reliable pre-employment screening reports. The Koleman Group The Koleman Group offers pre-employment screening services for business owners to help them make the right hiring decisions. Its services have a variety of useful features. This agency prides itself in its accuracy and level of detail.
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TruDiligence TruDiligence offers pre-employment screening, tenant screening and personal background checks. It also offers background checks based on industry type. After receiving a business communication degree from Arizona State University, she spent nearly three years living in four states and backpacking through 16 countries. During her travels, Skye began her blog, which you can find at www.
She finally settled down in the northeast, writing for Business. She primarily contributes articles about business technology and the workplace, and reviews remote PC access software and collection agencies. Read Review. Best for Very Small Businesses. Best for Household Employers. Best Technology. Summary GoodHire has everything a small business could need from a background check provider, offering comprehensive reports at affordable rates. Its online portal allows users to quickly and conveniently access their background check reports in one place.
GoodHire serves several industries, including construction, healthcare, nonprofits, retail, staffing and technology. This agency offers three preset search packages.