Conducting a comprehensive background screening to identify potential issues with a candidate’s criminal, employment, educational, or financial history remains a foundational step in responsible and informed hiring. Even so, pre-employment screening only grants employers access to an employee’s criminal record and legal status at a single moment in time. In the event that an employee is later convicted of a crime that would disqualify them from employment with your organization, lack of access to this information could lead to serious workplace safety issues, diminished productivity, and/or lawsuits and increased liability resulting from the employee’s actions.
For these and other reasons, more organizations are implementing post-hire background checks to remain fully informed of changes to employees’ criminal history throughout the entire employee lifecycle. According to the Professional Background Screening Association, nearly 20% of organizations currently use post-hire background checks, a figure which has significantly risen from 11% in 2018. Although some organizations use intermittent post-hire background checks, continuous monitoring is emerging as the most reliable method for ensuring workforce safety and protection from liability.
Continuous monitoring is a vital component in modern crime prevention and security management. Getting it right involves not just using advanced tools and techniques but also understanding best practices, staying updated, and integrating it seamlessly into daily operations. With the right knowledge, businesses can ensure safety, compliance, and mitigate risks.
As more employers consider implementing sustained, real-time monitoring of employee criminal history, they must weigh the benefits of different types of post-hire background checks.
Broadly speaking, post-hire background checks increase the likelihood that an employer will be notified when an employee is convicted of a crime. In some cases, employers are legally entitled to consider an arrest with a pending charge, or to consider an arrest based on the relevancy to an employee’s position and job responsibilities. Our state resources page offers additional information and guidance regarding these jurisdictional concerns and ban-the-box regulations.
When an organization implements post-hire background screening through re-screening, it establishes designated intervals for performing background checks on existing employees after they are hired. Often, the interval between background checks may be as long as three or five years. The obvious disadvantage of this approach is that it risks leaving employee criminal convictions completely undetected between these lengthy intervals. This could allow an employee with a conviction that would disqualify them from employment to continue working with your organization. Especially in industries like healthcare, education, or finance, this screening-related oversight could leave patients, clients, or other members of the workforce vulnerable, whether it’s resulting from an act of abuse, fraud, theft (identity, company data, or financial), or another crime. Through continuous monitoring, your organization can detect these issues in real time, avoid harm to clients or employees, and minimize the likelihood of liability, financial penalties, and reputational harm.
Although continuous monitoring represents an investment in the safety and well-being of your clients, it also increases security and safety for your employees and workplace. When you’re quickly alerted about criminal convictions, it empowers your organization to take prompt action to protect other employees, meet necessary safety requirements, and remain legally compliant. Additionally, productivity and employee engagement are likely to improve due to increased employee confidence in the safety of the workplace and fellow employees.
Improving trust and transparency across your workforce also impacts your reputation and credibility with clients and the general public. Concretely, with continuous monitoring, your organization is much less likely to deal with damaging lawsuits resulting from workplace incidents, illegal activities, or claims of negligent hiring or monitoring. Unlike one-time pre-employment screening or re-screening every few years, continuous monitoring ensures that you remain informed about potential risks to your employees and can intervene in a timely way to prevent serious issues for your organization and workforce.
Any continuous monitoring policy/practice must comply with the Federal Fair Credit Reporting Act (FCRA) and all other local, state, and federal laws that apply to an organization’s industry or the jurisdiction(s) where it operates. Most importantly, employers must acquire an employee’s written consent to run continuous background checks throughout their full period of employment, and the details of this process must be clearly articulated in a disclosure and authorization document. A small number of states and localities are beginning to require authorization for each background check that is performed, including for “rolling” or continuous monitoring; however, a one-time authorization for continuous monitoring is generally permissible under federal law.
National Crime Search understands the value of ensuring a secure and safe workplace, which is why we offer real-time, continuous monitoring of employee criminal records. Our subscription service automatically conducts criminal record checks on your existing employees every 30 days, providing instant notification of any changes and granting you the flexibility to activate or deactivate the service for individual employees as needed.
Ready to enjoy peace of mind about workplace safety and compliance? Learn more about our continuous monitoring services to keep your organization protected.