HR & Payroll

Overview:

Companies are understandably concerned about the safety of their workers and customers as well as their own assets and public image. But today, many employers are finding that the best approach to hiring individuals with criminal backgrounds is not so different from the hiring approach they use for everyone else: to evaluate each candidate on his or her merits. However, many Employers are considering reducing or eliminating the criminal background screening process. This is a mistake and could result in negligent hiring.

Before hiring a job candidate, screening the applicant’s background helps employers make safe and well-informed decisions about whether they will be a trustworthy and competent employee.

Criminal background check guide

Criminal background checks are often part of this process and may even be required for new hires if your company is in certain regulated industries or serves vulnerable populations, such as children, the elderly, or the disabled.

You might have missed it, but the prohibition against employers with federal contracts asking about a job applicant's criminal history—part of a defense funding bill signed in late 2019—took effect in the last days of 2021

Different searches might produce different records. For example, if an employer only searches a state’s criminal records repository, the employer will only receive information about any convictions and arrests that are contained in the state’s criminal justice system.

Employers might instead elect to complete nationwide searches to find criminal record information from multiple states or perform searches in every county and state where an applicant has lived. But what happens when Employers use social media as their screening process?

What is a Criminal Background Check?

When CRAs conduct criminal background checks for employment, they gather and analyze background information from municipal, state, county, and federal criminal records databases for job applicants.

The types of information that might be reported include misdemeanor and felony convictions and pending criminal matters.

Different searches might produce different records. For example, if an employer only searches a state’s criminal records repository, the employer will only receive information about any convictions and arrests that are contained in the state’s criminal justice system.

Employers might instead elect to complete nationwide searches to find criminal record information from multiple states or perform searches in every county and state where an applicant has lived.

Session Highlight:

·       What new regulations about criminal background checks have been added to the Federal regulatory industry

·       Learn how criminal background checks are a critical part of onboarding and avoiding negligent hiring

·       Learn what the negative implications are of using social media as a screening process

·       Learn what types of criminal background searches can put an Employer at risk

·       Learn what the impact is when Employers

·       Learn why regulations are protecting formerly incarcerated individuals in the workplace

·       Learn what states have Ban the Box mandated protections

·       Learn what the process is when conducting a criminal background check

·       Learn what the requirements are when you rescind an offer of employment after learning about the results of a criminal background check

·       What are the proper requirements if you reject a candidate after the results of a criminal background check

Why Should You Attend:

Employers who use criminal records in their hiring decisions need to be aware of applicable federal and state laws. Additionally, the Fair Credit Reporting Act (FCRA) governs how employers obtain and handle consumer reports, which include standard background checks. Legal compliance with these laws is key when considering formerly incarcerated applicants for hire. Many Employers are considering reducing or eliminating the criminal background check due to the labor shortages.

BAN-THE-BOX LAWS:

Several state laws and local ordinances limit the use of arrest and conviction records by prospective employers. Commonly referred to as "ban-the-box" laws, these restrictions prohibit the employer from asking an applicant any questions about criminal records on the employment application or early in the screening process. Other state laws restrict the employer's use of arrest or conviction data in making an employment decision, except in limited circumstances, or the laws may require that criminal history questions be asked only after an offer of employment has been made. Employers should investigate any state or local laws prior to asking about an applicant's criminal history.

Benefits For Attending:

This training will provide you overall information regarding new criminal background check regulations in 2023. In addition, each training I offer free customized compliance tools for all attendees. Also get:

·       SHRM Recertification & HRCI PDU Credits

·       Free customized compliance tools in the form of guides, templates, policies, toolkits

·       Additional Supplemental Slides

·       Free answer to all questions even after the training ends

Who Should Attend:

·       All Employers

·       Attorneys

·       Business Owners

·       Company Leadership

·       Compliance Professionals

·       HR Professionals

·       Office Managers

·       Legal Counsel

·       Managers/Supervisors

·       Employers in all industries

Ask your question directly from our expert during the Q&A session following the live event.