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Background Checks for Ex-offenders

Most employers do background checks on job candidates. But a less-than-perfect past is not the kiss of death. The key is for job seekers to know when to divulge details about their background, and to understand why employers need to know certain information.

All background checks and pre-screenings help employers find candidates who are a good fit for the job. Employers want to know as much as possible about a candidate before making a job offer to ensure that they are hiring a person who will represent their company well and has the right skills and qualifications for the job.

Employers want to know if a candidate:

  • Worked at the jobs listed on their resume and job applicants. Do you really have the experience and skills needed to do the job?
  • Attended and graduates from the schools and job training programs listed on their resume and job applicants. Do you really know what you claim to know about the job? Are you an honest person?
  • Is positively viewed by their personal references. What is it like to work with you? How do you handle difficult projects and everyday duties?

Employers also have a legal duty to exercise "due diligence" in the hiring process. This means that companies are responsible for checking to find out if their employees might be dangerous or unfit for a job.

When a company runs a background check on applicants, the check usually includes:

  • Social Security number trace (to verify legal name and past addresses)
  • County and federal criminal record search (convictions, not arrests)
  • Educational verification (highest level of school attended and if a diploma was earned)
  • Employment verification (dates of employment, job title and rehire status only)
  • Driving records
  • Drug test (person's system needs to be clean for seven days prior to test)
  • Personal references (find out about personality and work ethic)

Some employers also look up applicants' names on Internet search engine and review their profiles and posted information on social-networking websites.

Reality check

Just because an employer looks into a job candidate's background does not mean that a candidate will be denied a job if something negative is found.

A blemish in one or more areas of a background check will not necessarily keep an applicant from getting a job offer. For example, some areas of social services prefer to hire people with criminal records because they are able to relate to clients. And some sales companies look for candidates with a lot of credit activity because it shows that the candidate is a risk taker and eager to make money in sales.

No company can refuse to hire a person based only on their criminal records unless the company can prove a business justification. If a company makes a tentative job offer to an applicant and then rescinds the offer based on the background check, the applicant must be notified in writing.

Employers can get access to view arrest records in the State of Minnesota, but it is against federal law to use arrest records as the only basis for not hiring someone.

Because some type of background check is certain to be done, it's important to be truthful on job applications and in interviews. When asked many employers said they didn't hire a good job candidate, not because they had a criminal record, but because the candidate lied or purposely left out information about their past.

Whether they chose to check an applicant's background or not, the majority of employers have all candidates sign a release of information form as part of the application process. Refusing to sign the release form is a warning sign to employers that a job seeker has something to hide and will immediately stop considering him for a position.

Other warnings signs that might stop an employer from considering a job candidate include:

  • Incomplete or skipped answers on a job application
  • Unexplained gaps in employment
  • Reluctance to allow past employers to be contacted
  • Discrepancies between job titles or dates on application and resume
  • Interview answers that differ from information given on application
  • Failure to sign application or release of information

Work with a career advisor to find out how to fill out job applications, present yourself on your resume, the best ways to tell an employer about your criminal history, and how to understand more about the types of background checks and why they are done.

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  1. Employment history checks

    There are several ways employers can verify past employment. The most common way is through databases that are updated directly from past employer payroll records. Employers can also be contacted directly to verify employment.

    In most cases, a past employer is only allowed to reveal the dates of employment, job titles held and if the employee is eligible for rehire. Any other details, including your job performance, come from your personal reference list.


  2. Credit checks

    Checking a candidate's credit report has become a more common for companies evaluating candidates. However, an employer should have a sound business rationale for obtaining a credit report and have polices and procedures in place to ensure that the use of credit information is both relevant and fair.

    Unless the information in a credit report is directly related to a job, the use of a candidate's credit report can be considered discriminatory. Candidates and human resource personnel should refer to the federal Fair Credit Reporting Act (FERC) and any applicable state regulations.


  3. Internet search engine and social networking checks

    Many college recruiters and employers from all types of industries say that that they check candidates profiles on social networking sites, such as MySpace and Facebook. Many say that they will not consider a candidate who has posted inappropriate content or photos on sites like these.

    Employers can also do a simple search-engine check on job candidates to see what other information about them is on the Internet. Not all of the information found might be used to disqualify a candidate, but it's good for job seekers to know what information employers can find.


  4. Drug testing

    An employer may ask you to take a drug test which would indicate if an applicant had recently consumed alcohol, prescription drugs or illegal drugs.

    According to the National Clearinghouse for Drug & Alcohol Information, employers test for drugs for several reasons.

    • Pre-employment tests. Except for prescribed medications, an employer can decide to not make a job offer based on the results of the drug test.
    • Reasonable suspicion and for cause tests. When an employee shows signs of not being fit for duty, or has a documented pattern of unsafe work behavior, the employer can issue a drug test.
    • Random tests. Employers might issue drug tests to all employees at unscheduled times to discourage employees from using illegal drugs at any time.
    • Post-accident tests. An employer may test employees who are involved in an accident or unsafe practice incident to find out if alcohol or other drug use was a factor.

    Each employer has its own policies regarding drug testing, which they share with their employees.


  5. Pre-employment screenings

    Other types of common pre-employment screenings include:

    • General Knowledge — This measures the basic knowledge that an applicant has of what is required to perform the job. If required, this type of screening or test is usually done at the beginning of the application process.
    • Aptitude Screening — This measures the skills an applicant has and the ability an applicant has to learn skills in the future. This can be a written test or the applicant can be asked to perform a physical task related to the job they are applying for.
    • Psychological Screening — An employer might use this as a measure of an applicant's ability to handle the situations and environments of the job or company.

    Some of these screenings and checks might seem intrusive, but they are means for an employer to determine if an applicant will be a "good fit" for the company.

    Being asked to undergo these screenings can be a positive sign. Because some of these checks and screenings take a lot of time and cost the employer money, they are only given to candidates who are being seriously considered for hire.

    Remember that you are more than just what your background check says about you. Show the employer that your skills, experience and professional attitude prove that you are worthy of a chance.