Criminal Background Checks

How far back should you search criminal backgrounds for your applicants and employees? What are the restrictions in place? Should you search a different length for different job positions? 

Understanding the reporting period of your criminal background checks can be confusing. There is a patchwork of federal and state laws that limit how far back you can search in your background check.

Happy New Year!

Another year is in the books. Continued challenges face the healthcare industry, including a nursing shortage fueled by high burnout and turnover, hybrid workforces, inequities in access to care, and of course COVID-19.

Traditionally, the background check process is performed in tandem with skills assessments and final interviews during the hiring process. However, in 2021, about 19% of organizations conducted post-hire background checks, according to survey data from the Professional Background Screening Association (PBSA). That's up from 12% in 2020.

Millions of Americans have changed or quit their jobs in recent years, leading to a movement now known as the “Great Resignation.” Over 38 million U.S. workers quit their jobs in 2021, and about 20 million quit in the first five months of 2022.

Running an employment background check is an integral part of the hiring process. A quick turnaround time on these checks is vital to a smooth onboarding process for your candidates and your organization.

What can you do to help speed up the time it takes to receive your completed results? And what should you consider if it’s taking longer than you expected?

What affects turnaround time?

When Placing an Order

Missing or incomplete information is the primary cause of a delayed background check when placing the order.

While employers are evaluating background screening services or making policy decisions about employment background checks, there are multiple references to “seven years.” This can create confusion for employers using background checks in hiring, as not all background checks are created equal. Depending on the context, this common window of time may refer to:

2020 was an unprecedented year reminding us how rapidly change can affect the workplace; 2021 proved to be just as challenging for employers. On the employment background screening front, employers must ensure these changes are reflected in their screening policies. Having an updated company policy in place gives clarity to a background check and protects your company from potential liability around the use of background screening information.

Employers that use background screening methods to vet potential employees are likely aware of their obligations when making employment decisions based on a report’s findings. However, recent laws in states and cities across the U.S. are adding to the list of requirements for communicating adverse actions to applicants. As a result, an employer’s current adverse action policies may no longer be compliant with state and local legislation.

A year of unprecedented challenges resulting from the global pandemic has dramatically shifted how we all attract, hire, screen, and onboard new talent.

Employers across the globe have had to quickly adapt to a new world of hybrid or work-from-home environments, converting to virtual hiring processes in order to complete daily tasks such as interviews and onboarding.

A growing number of states are beginning to implement new identity protection rules that may impact employer background screening. As more court records have personal identifying information (PII) like driver’s license numbers and birth dates removed, background checks will become increasingly difficult.

Here are a few changes that are currently on the horizon:

Michigan Courts to Shield Personal Identifying Information Starting in 2022