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10 Key Considerations When Using Criminal History in Hiring Decisions

Minimize the risk of negligent hiring liability by considering these key best practices.

Choose a Reasonable 'Look-Back' Period

Several states have regulated the length and/or the beginning date for this look-back period by state statute.

Avoid Asking About Convictions in the Application

While there are exceptions, job postings or announcements generally should not refer to criminal background checks.

Confirm All Conviction Data From the Original Source

Any reliable report must search the records available from the courts in the county and/or state where the candidate resided.

Consider All Evidence Relevant to Rehabilitation 

The EEOC identifies several factors that are appropriate to consider when assessing an applicant's fitness for the position.


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