Background checks are a vital part of the pre-employment process for many employers. These checks help ensure workplace safety, protect company reputation, and reduce legal risks by confirming that candidates meet the necessary qualifications. However, to ensure accuracy, fairness, and legal compliance, it’s essential to follow best practices and use reliable, professional services when conducting background checks.
Best Practices for Conducting Criminal Background Checks
- Obtain Written Consent: Before conducting a criminal background check, employers must obtain written consent from the candidate. According to the Fair Credit Reporting Act (FCRA), employers are legally required to notify applicants and secure their permission before checking their criminal history.
- Use a Professional Background Screening Service: It’s important to use an accredited, professional background screening service that complies with FCRA regulations. These services provide thorough and up-to-date reports, ensuring that the information is accurate, comprehensive, and legally compliant, which public databases like CCAP may not offer.
- Consider the Role: Not all criminal convictions are equally relevant to every job. Employers should assess whether an applicant’s criminal history directly impacts their ability to perform the duties of the role. For example, a driving offense might be relevant for a delivery driver but not for a marketing position. Employers should also be mindful of “ban-the-box” laws, which prohibit inquiries about criminal history at certain stages of the hiring process.
- Maintain Confidentiality and Legal Compliance: Employers must handle background check information with the utmost confidentiality and in compliance with state and federal laws. Background check data should only be shared with authorized personnel and stored securely to protect applicant privacy.
Why Not to Use CCAP (Wisconsin Circuit Court Access Program)
Although CCAP is a free, public online tool for accessing court records in Wisconsin, it has several limitations that make it unsuitable for pre-employment background checks:
- Incomplete and Outdated Information: CCAP may not include all cases, particularly those that are expunged, dismissed, or sealed. Additionally, the records available may not be regularly updated, leading to outdated or incomplete information.
- Lack of Context: CCAP only provides basic details such as the charge and final court disposition, without offering context about the case. Employers may misinterpret this limited information, leading to incorrect or unfair hiring decisions.
- Legal and Compliance Risks: CCAP is not designed to meet the legal standards required for employment background checks, including FCRA compliance. Employers using CCAP may expose themselves to risks, including the possibility of negligent hiring claims, as the tool does not provide a full and verified criminal history.
To ensure a comprehensive, accurate, and legally compliant criminal background check, employers should use a valid screening service such as InCheck. InCheck is a trusted provider that offers professional, FCRA-compliant background checks. These services help employers mitigate risks, avoid legal issues, and make informed decisions while maintaining fairness and transparency in the hiring process.
aHRrow can assist your company by implementing effective background check processes that lead to better hiring decisions and a safer and compliant workplace.