Background check companies do not exist to stop job seekers from finding employment. Yet as increasing numbers of employers use background checks as part of their screening process, it certainly can seem that way, especially for the individual whose background check is not spotless.
Employers have jobs they need to fill with qualified applicants. They follow many different procedures to arrive at a hiring decision such as reviewing resumes, conducting interviews, and requiring assessment tests. The background check gets a lot of attention because it is generally one of the last requirements before a final decision is made. Often, there is a contingent offer based on the candidate successfully completing a background check and a drug test.
Employers require a background check and a drug test for a variety of reasons. They spend the money required to do a background check because they don’t want to hire someone who will steal from them or who may be prone to violence. If the position involves driving a vehicle, they don’t want the liability associated with someone who may drive under the influence of drugs or alcohol. Employers know that the best predictor of future behavior is a look back at prior behavior. But that doesn’t mean they will only hire people with a halo and wings. Employers who limit themselves to hiring angels will find a very small labor pool from which to choose, and they may even find themselves in hot water with the Equal Employment Opportunity Commission (EEOC). Employers who use background checks in making hiring decisions must be able to show job relatedness and stay consistent with business necessity. A policy that simply states, “We don’t hire people with criminal records,” in most cases is a recipe for an EEOC complaint.
The Appropriate Match
Just as employers need to match the people with appropriate skill sets to particular positions within their company, so, too, must they match candidates with less than perfect (most people) backgrounds with appropriate positions. If you are an individual with a two-year-old conviction for shoplifting, you probably won’t be a good match for an open home health aide position. Home health aides work with vulnerable people in isolated settings, so a person who has a history of stealing or violence or other inappropriate behavior may not be a good match for this position. But that doesn’t mean you couldn’t be considered for another position—one with more direct supervision and less contact with vulnerable clients. And once you have your foot in the door, that’s an opportunity to prove that whatever poor choices you’ve made in the past, you’ve put that behavior behind you and can be trusted with a better position the next time it becomes available.
Job seekers should go through a similar exercise to what employers do when making a hiring decision. Ask yourself if the job you are seeking is appropriate for you, given what you know your skills, strengths, weaknesses, and your past to be. Look at it from the employer’s perspective. If it doesn’t seem like a good match, you may not want to put yourself through the rigors of applying, interviewing and testing. On the other hand, if you truly believe your past issues are behind you and enough time has passed since your last conviction or infraction to convince an employer you shouldn’t be considered a risk, then there are some things you need to consider before starting the job seeking process:
Know what your record actually looks like. Understanding the criminal justice process can be daunting. If your attorney advised you to accept a plea arrangement with the prosecutor, he or she may have said this was the best way to make the charges “go away” or something similar. Don’t assume this means you do not have a record and a potential employer won’t discover it.
Research the job you’re applying for and know what the essential functions of the job are. If it involves driving, assume the employer will check your driving record. If the position requires a college degree or special license or certification, assume your credentials will be verified.
Many states now prohibit employers from asking about criminal records on an initial application for employment but they usually can ask in an interview. Be prepared for the question and above all, tell the truth. If you hide even a minor criminal record and the employer later discovers it, your chances of being hired are much less than if you had come clean and offered an explanation.
If you have a criminal record, be prepared to explain. If you were young and this was a “youthful indiscretion,” the employer will want to hear that you realize this was wrong and you’ve matured greatly since then. If you were going through a messy divorce and your spouse made false accusations, let the employer know the drama now is behind you and you have an otherwise spotless record. But don’t lay all the blame on your ex—accept your share of responsibility, as well.
Each employer decides how extensive of a background check to conduct and each makes their own hiring decisions. There is no “standard background check” and there is no formula that states if a person has a conviction for X, then they shouldn’t be hired for job Y. Don’t assume because you were hired for a similar job by an employer who required a background check that you’ll be okay with a different employer this time.
Don’t make the background check process more difficult on the employer. Be as precise as possible when providing information requested by the employer. Don’t guess at your dates of service with past employers. Provide up-to-date telephone numbers and who best to contact.
Don’t give a buddy’s cell phone number and ask him to pose as your employer. Background check companies are already suspicious of calls to cell phones, and chances are your friend will mess up at least one of the questions he’ll be asked. Getting caught using a paid service or a friend posing as a former employer is always fatal to the hiring process.
If the background check company contacts you, return their call promptly. It may need additional information only you can provide. If the employer is considering more than one applicant, it may hire the one whose background check is completed first.
Have patience. Most information contained in a background check report can be obtained quickly, but some things take time. The most common delay is caused when a previous employer doesn’t return calls to verify that you worked there. Call your old company and tell them they may be contacted. Ask who the best person to provide verification is and what is the best way to contact them. Provide this information to your potential new employer.
If you are asked to take a drug test, do it quickly. Most companies will require you to go within 48 hours. Don’t worry about prescription medications as these will be verified later if you test positive for one of the substances the employer is testing for. Bring positive ID with you to the testing center and don’t drink more than 8 oz. of any liquid within two hours of the test. It may cause a “dilute specimen,” which could disqualify you or require a second test.
Know your rights. Some states have more stringent requirements than the federal Fair Credit Reporting Act (FCRA). At a minimum, if an employer contracts with a background check company, known as a Consumer Reporting Agency (CRA), it must provide you with a pre-adverse action notice, a copy of the report, and a summary of your rights before taking adverse action (not hiring, denying promotion, etc.) Review the contents of the report. If anything is inaccurate, doesn’t pertain to you, or you just don’t understand the information, contact the CRA that compiled the report immediately. It is required to provide an explanation for anything you don’t understand, such as abbreviations or acronyms. And it must reinvestigate anything you claim to be inaccurate or out of date. The CRA must notify the employer of your dispute, as well as the furnisher of the information. Be prepared to provide any additional information you may have that will assist the background check company in verifying your claim. If anything changes as a result of the reinvestigation, both you and the employer will receive a revised report.
Background check companies are in the business of helping employers find the right match to fill open positions. Their job is not to keep you from getting a job. They want to deliver complete and accurate reports to allow the employers that contract with them to make informed decisions and place people in jobs best suited to their skills and backgrounds. If you aren’t hired for a given position due to the results of a background check, you may want to set your sights on positions with less contact with customers or more direct supervision so you may be hired, prove yourself worthy to that employer, and then move up to better positions over time.
David C. Sawyer is president of Safer Places, Inc. (http://www.saferplacesinc.com), a full-service firm based in Middleboro, MA, that specializes in pre-employment screening, security consulting, and tenant screening.
