Whether you are a job applicant, a new parent, or an employer, there are certain guidelines that you can follow to make sure that you do not hire someone with a criminal record. This article will outline the Federal Equal Employment Opportunity Commission (EEOC) guidance for employers who hire applicants with criminal histories. It will also highlight some of the resources that can be used to check criminal history information.
Fingerprint background checks
Obtaining criminal history information is a crucial part of background screening. A fingerprint background check can reveal everything from the candidate’s name and date of birth to their previous criminal arrests and employment. However, a few key factors can make fingerprint background checks less than optimal.
Fingerprint background checks were created for law enforcement but are now being used by businesses and organizations outside the criminal justice system. While they are certainly helpful, they can also be inaccurate.
The fingerprint database at the FBI is the most comprehensive in the world. It contains the fingerprints of 156 million civil and criminals. However, it must be completed and only sometimes includes the correct information.
The Government Accountability Office found several significant gaps in the database in 2015. The fingerprint database is incomplete because some criminals do not have fingerprints. Furthermore, the database is only sometimes updated.
The fingerprint database is also incomplete because many local jurisdictions do not report dispositions to the FBI. In addition, not all arrests require law enforcement to take fingerprints. This means that the database only includes some of the information that is relevant to a background check.
New York State Department of Criminal Justice (NYDCJS)
Whether you are a New York resident looking to check your own criminal history information, or an interested party, the New York State Department of Criminal Justice (NYDCJS) offers a range of online record depositories. These are organized according to jurisdictions, and criminal records information is only provided to those who qualify.
A New York criminal history report contains detailed information about an individual’s criminal history. This includes arrest records, indictments, and convictions. It does not include non-fingerprinting charges, case dispositions for individuals with only misdemeanor convictions, or out-of-state conviction records.
New York inmate records are public records and include information about inmates at state correctional facilities, including nationality, birth date, and aliases. These records are also available to the public at law enforcement agencies. Mugshots, a close-up photograph of a suspect taken by a police officer, may be included in an inmate search.
A New York arrest warrant is an official document issued by a judge authorizing the arrest of a person within the state. It usually includes the arrestee’s name and the date of arrest, as well as the place and time of the arrest.
National Crime Information Center (NCIC)
Designed by the Federal Bureau of Investigation, the National Crime Information Center (NCIC) is a computer database that provides crime-related information to law enforcement agencies. It was initially created in 1967 to help law enforcement agencies find wanted persons and stolen property. It has since grown to include information on missing persons, foreign fugitives, gangs, and terrorists.
Currently, NCIC provides records to over 80,000 law enforcement agencies nationwide. The information is accessible through regional computer systems and state computer systems. The documents are secured through physical and administrative safeguards. NCIC also maintains a database of digital photographs, which is useful in identifying people and property.
NCIC is a multilayered computer network that is operational 365 days a year. NCIC maintains 17 separate databases and has more than ten million records. NCIC also provides crime data from non-law enforcement agencies. In the fiscal year 2005, NCIC processed 1.6 billion transactions.
NCIC provides information on federal, state, and local criminal justice agencies. It also maintains a national prison registry and a convicted sex offender registry.
National Instant Criminal Background Check System (NICS)
Developed in 1998 by the Federal Bureau of Investigation (FBI), the National Instant Criminal Background Check System (NICS) is used by gun dealers to check whether a prospective buyer is legally eligible to purchase a firearm. NICS was created under the Brady Handgun Violence Prevention Act and is a federally mandated system. NICS was designed to make background checks faster and easier.
NICS requires a prospective gun buyer to fill out a Firearm Transaction Record form, which asks questions about the prospective purchaser’s appearance and intentions. The form also requires a government-issued photo ID. If the NICS check fails, the prospective purchaser may appeal the denial. The appeal process can be expensive and time-consuming.
NICS also requires that the federal government report information about prohibited persons. In the past few years, there has been a dramatic increase in the number of records being reported by states. However, many states still need to provide documents about those with mental health issues or other prohibiting records.
Some states have passed laws requiring the state government to report these records to NICS. However, many states need more funds to handle the burden of this process.
Federal Equal Employment Opportunity Commission (EEOC) guidance for job applicants with a criminal history
During the Obama administration, the Equal Employment Opportunity Commission (EEOC) issued Guidance on evaluating an applicant’s arrest record. It was controversial at first, and the agency was often criticized. However, after seven years of use, many employers have adopted the Guidance in their hiring practices.
For example, the EEOC recommends training hiring officials on a nondiscriminatory approach to considering criminal records. It also suggests employers do not ask job applicants about their criminal history. However, this Guidance is not a legal requirement. Avoiding liability is also unnecessary, so employers should assess their policies and practices.
The EEOC has also issued a revised Enforcement Guidance, which addresses the subject of Title VII of the Civil Rights Act of 1964. This new Guidance provides a more detailed analysis and requires employers to evaluate the merits of their policy.
The EEOC has also cited the Enforcement Guidance in court as a persuasive authority for its interpretation of Title VII. The Guidance requires employers to show a business reason for the policy. It also explains the standard for job-relatedness and the EEOC’s analysis of that standard.