Criminal Record Check Helpful Guide For Hiring Managers
When you hire someone, you should ask them about their criminal background before hiring them. There are several reasons to do this, including compliance with the law, demonstrating due diligence, and protecting your employees, clients, and members of the public. Knowing what these records reveal about a candidate may have negative implications for the hiring manager. If you are an employer in Canada and want to know more about this process, here is a helpful guide for hiring managers:
Criminal record Checks are one of the most essential steps in employee hiring. They provide employers with critical insight into a potential employee, allowing them to feel more comfortable hiring them. Whether you’re hiring a new employee for a new position or want to avoid a potential conflict of interest, criminal record checks can help you make the right choice. A bad hire can cost a company a lot of money, and it is essential to protect yourself by conducting a background check.
The DBS has reviewed their fees, and the UK Government has approved plans to reduce the cost of primary and enhanced criminal record checks. Under the new regulations, basic DBS checks will be cheaper by 20% and enhanced checks by 5%. The changes will take effect after the UK Parliament has approved them on 16 March 2022. The enhanced criminal record check fills a potential gap in a basic criminal record check.
A criminal record check is a legal process that employers must comply with before hiring anyone. The Rehabilitation of Offenders Act of 1974 establishes the rights and responsibilities of employers and employees. This act allows employers to request a person’s criminal record and gives them the right to inspect it. It also provides the employer with the right to see the details of any unspent convictions a person may have.
The basic disclosure check, free of charge, uses the Police National Computer database to determine a person’s criminal past. This includes convictions and cautions. The results are typically returned within five to ten days. Business days, though this depends on the provider. In addition to Basic Disclosure, employers can also request an Enhanced Disclosure to ensure that a person is safe to work with vulnerable people.
Barred List Checks
One of the many background checks is a criminal record check from the barred list. These checks can be carried out on either an individual or an organization. They are usually brought on by specific job functions or situations. For example, an employer may want to know if a prospective employee has a history of violent crime. Another reason an employer might want to run a check on someone is if they are adopting a child.
Barred list criminal record checks can help employers prevent a dangerous employee from working in the workplace. A banned list is maintained by the Disclosure and Barring Service and contains information about cautions, convictions, and other referrals. This information is the result of a thorough risk assessment process. Employers who knowingly hire someone from this list are breaking the law. They also risk violating employment standards by engaging in regulated activities with barred individuals.
Compliant with Law
If you’re considering performing basic or enhanced criminal record checks for potential employees, you must comply with the law and ensure you do so ethically. Fortunately, numerous resources are available to ensure you’re following the law. For example, the EEOC has published guidance on properly handling criminal record checks. These guidelines cover the consideration of arrest records in hiring decisions, the automatic employment bar, and employers’ recordkeeping requirements.
Employers should adhere to the law when performing criminal record checks and be open and honest about how they commit these checks. For example, they should avoid making statements that may constitute illegal discrimination, such as asking for a declaration of no criminal history on an application form. It is also crucial to follow the law’s guidelines regarding disclosing criminal records, which require employers to obtain permission before performing such checks.