Often companies run background checks without considering the level of the position or the company's industry. It has been common practice to reject any applicant with a past criminal conviction. The only limitations on this practice lie in the Fair Credit Reporting Act (FCRA), which doesn't strictly prohibit an employer from disqualifying an applicant because of a conviction.
If the EEOC has its way, that could change as the organization studies the increasing number of adults who've been through the
criminal justice system. In April of 2012, the EEOC noted that in the past 20 years there had been a significant increase in the number of Americans who had contact with the criminal justice system.
There are steps that companies can take for continued use of criminal convictions while staying within the law. First, those involved in the hiring process should be aware of the specific limitations in the states in which they operate.
Second, employers should consider the responsibilities of the specific position, the nature of any criminal convictions, the time since any conviction occurred, and whether the conviction causes a real concern with the job duties. If a candidate's background check turns up a conviction, the candidate should be given an opportunity to explain the record and provide any other information that he or she thinks is relevant before making a final decision.
Additionally, employers should not reject candidates without a conviction -- arrests are not proof of criminal conduct and most jurisdictions prohibit the consideration of arrests, as well as expunged or sealed records.
