Employer Background Checks: Misdemeanors, Felonies, and What Gets Checked

When it comes to employment, background checks can be a significant factor in whether a candidate is hired or not. Employers are particularly interested in checking for both misdemeanors and felonies to ensure candidates do not pose a risk to the company or its clients. So, you might be wondering, is it common for employers to check for misdemeanors? We will delve into the details of what employers look for, legal considerations, and timelines in this article.

Misdemeanors and Felonies in Background Checks

During background checks, employers typically seek out records of both felonies and misdemeanors. The reason for this is straightforward: both types of criminal convictions can impact a person's eligibility for certain job roles. While felonies are more commonly associated with serious crimes such as violence, theft, or fraud, even misdemeanors can sometimes influence employment decisions.

It's important to note that whether a misdemeanor counts against a candidate can vary depending on the nature of the offense and the employer's policies. For example, a minor shoplifting conviction might be overlooked in a retail position, but it could be considered more seriously in a finance or security role. In contrast, a felony conviction is much less flexible and can almost always disqualify a candidate from a vast majority of positions in the United States due to its severity and public safety concerns.

What Information Can an Employer Legally Obtain?

Legally, employers are only allowed to ask during job interviews about felony convictions, and they must adhere to strict guidelines to avoid discriminatory practices. Research shows that people of color are disproportionately affected by arrests and convictions, yet not all convicted individuals are actually disqualified for employment. This is because many do not go to trial and plead guilty to lesser charges, often resulting in non-recordable justice outcomes. Therefore, the information that can legally be obtained through background checks is quite limited in scope.

Typically, a background check will reveal the complete criminal history, including convictions and arrests. However, what may show up on a report can vary based on the specific details of the case, such as the nature of the crime, the statute of limitations, and the extent of public records.

Timeline of Background Check Processing

The process of conducting a background check can be relatively quick, often taking no more than 3 to 5 days. However, the time frame can vary based on the complexity of the case and the state's regulations regarding access to criminal records. Employers often use background check agencies that specialize in this service, streamlining the process and ensuring compliance with legal requirements.

It's worth noting that while the background check may take several days, the actual review and decision-making process can take longer. Employers will have to thoroughly review the findings and determine if they align with their hiring criteria and compliance policies.

Conclusion

Understanding what employers look for during background checks is crucial for candidates seeking employment. Both misdemeanors and felonies can impact employment decisions, but the specific considerations vary. Employers must handle this process legally and ethically, and the timeline for processing these checks is generally swift, typically within 3 to 5 days. By knowing this, candidates can be better prepared for the hiring process and understand the potential implications of their criminal history.

Keywords: background check, misdemeanors, employer screening