Checking Criminal Records
You'll need to protect your business from liability by doing criminal background checks on applicants who will:
- be bonded because of access to money or valuables
- carry a weapon
- drive a company vehicle
- have access to drugs or explosives
- have access to master keys
- have a great deal of contact with the public, patients, or children
- be filling a position that requires a criminal record check under state law
Checking criminal records is a sensitive issue.
- There are legal restrictions under federal law and under many state laws as well.
- Checking conviction records is generally permitted.
- Checking arrest records is generally not permitted, except for special circumstances.
- Our case study illustrates the reasoning courts may follow when evaluating whether a denial of employment based on criminal records was proper.




