Criminal background checks on people


Rules and Policies

The hiring official will be responsible for requesting that an applicant internal or external who is the finalist complete the Criminal Background Check Form. An applicant who refuses to complete, sign, and submit the form will be removed from further consideration for the position. If the applicant fails to provide a complete set of fingerprints on request, the applicant will not be considered for the position for which he or she has applied.

Human Resources will be responsible for obtaining a criminal background check on a current employee not otherwise an internal applicant. Human Resources may request, but is not required to do so, that the current employee complete the Criminal Background Check Form.

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If a current employee refuses to complete, sign and submit the Criminal Background Check Form in response to a request made in accordance with this policy, appropriate action, in accordance with University policies, may be taken including reassignment, discipline or discharge. When HRS receives a report indicating that an applicant for employment or a current employee has a criminal record, HRS will notify the individual that such a report has been received, provide the individual with a copy of the report, except as provided by law or DPS policy, and notify the individual of the right to challenge the accuracy and completeness of the report with the agency that provided the report and to submit additional information relating to the criminal record and why it should not affect an employment decision.

If HRS advises the hiring official that the results of the criminal background check indicate that the applicant may be unacceptable for the position being filled or for continued employment, HRS will provide an applicant with a copy of the report upon which this advice is based, except as provided by law or DPS policy, and notify the individual of the right to challenge the accuracy and completeness of the report and to submit additional information relating to the criminal record and why it should not affect an employment decision.

A hiring official may not extend an offer to the applicant that HRS has advised may be unacceptable. HRS will provide the employee with a copy of the report upon which this advice is based, except as provided by law or DPS policy, and notify the individual of the right to challenge the accuracy and completeness of the report and to submit additional information relating to the criminal record and why it should not affect an employment decision.

Shifting legislation—and attitudes

Except as outlined in section The ultimate responsibility of the decision to hire or reject an applicant or continue employment of a current employee will rest with the hiring official and the divisional Vice President, after consulting with the Office of Human Resources. The decision of the institution is final and may not be appealed.

If the individual is a current employee subject to a criminal background check, standard employee grievance procedures are available to challenge the decision. If the criminal record leads to termination, the applicable employee discipline and discharge procedures will be used. Applicants must report in writing any charges or convictions and whether registered as a sex offender or will be required to register as a sex offender , excluding misdemeanor offenses punishable only by fine, occurring after the date of application.

Employees must report to their supervisor in writing, within five business days, any criminal complaint, information, indictment, no contest plea, guilty plea or criminal convictions, and whether registered as a sex offender or will be required to register as a sex offender excluding misdemeanor offenses punishable only by fine. Subject to standard grievance and disciplinary procedures as applicable, failure to report is a violation of policy and may lead to disciplinary action as appropriate.

Subject to standard grievance and disciplinary procedures, as applicable, falsification or omission of records or failure to report as required by this policy or law is a violation of University policy and shall lead to disciplinary action. Multiple or periodic visits to an operation within the same day is one visit. Questions regarding compliance and other issues related to security-sensitive positions should be addressed to the UTEP Office of Human Resources and the Office of Institutional Compliance.

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Background Checks: What Employers Need to Know

Chapter Criminal Background Checks. Sources of criminal background check for applicants for employment. Sources of criminal background check for current employees. Any or all of the following background check sources may be used, as appropriate: The Texas Department of Public Safety DPS Crime Records Service — Public Site; Other public state, national, and international sites; or A private vendor that offers national criminal background check services. Child-care centers shall ensure that criminal background checks are conducted prior to permitting the individual to work or spend time at the center and at least every two years thereafter for: employees; final applicants; professionals; each person 14 years of age or older, other than a client in care who is 1 counted in child-to caregiver ratios or 2 has unsupervised access to children in care at the operation; interns; and each person 14 years of age or older, other than a client in care, who will regularly or frequently be staying or working at the center, if the person has 1 lived in another state any time during the previous 5 years or 2 there is reason to suspect criminal history in another state.

Sources of criminal background check by the Center for those individuals identified in What's included in an employee background check? The FCRA defines a background check as a consumer report.


  1. The Complete Guide to Background Checks.
  2. Fact Sheet - Criminal History Background Check?
  3. How Do You Run an International Background Check?.
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  5. Before an employer can get a consumer report or run a credit check for employment purposes, they must notify you in writing and get your written authorization. In some states, there are limits on what employers can check. Employment History Verification Your employment history includes all the companies you have worked for, your job titles, and the dates of employment and salary earned at each of your jobs.

    Employment background checks are being conducted by employers more frequently than in the past. That's for several reasons, including concerns over negligent hiring lawsuits. Job Applicant Credit Checks It's becoming more common for companies to run credit checks on job applicants as well as employees being considered for promotion. Find out what information companies are allowed to check , how to handle a credit check, and how it might impact hiring. What's in your credit report and why is it relevant to employment?

    Information available from your credit report can hamper your job search and can be grounds for knocking you out of contention for a job. Especially when it comes to jobs where money and financial information is involved, bad credit can be an issue. Drug and Alcohol Tests There are several types of drugs and alcohol tests that candidates for employment may be asked to take. Hiring can be contingent upon passing pre-employment drug tests and screenings.

    Review information on the types of tests used to screen for drug use , what shows up in the tests, and how employment drug screening can impact hiring decisions. Criminal Records and Background Checks Laws vary on checking criminal history depending on your state of residence.

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    Why Criminal Background Checks Are Necessary

    Some states don't allow questions about arrests or convictions beyond a certain point in the past. Others only allow consideration of criminal history for certain positions. Employment Verification When hired for a new job, employees are required to prove that they are legally entitled to work in the United States. Employers are required to verify the identity and eligibility to work for all new employees. An Employment Eligibility Verification form I-9 Form must be completed and kept on file by the employer. One of the questions job seekers frequently ask is "What can an employer say about former employees?

    However, that's not the case.

    FREE Online Criminal Background Check - Criminal Background Checks - FREE Tips

    While most companies will refrain from badmouthing a former employee to a prospective employer, they are legally allowed to do so. Be aware of what a former employer might say before you begin the job interview process. The information contained in this article is not legal advice and is not a substitute for such advice. The Balance Careers uses cookies to provide you with a great user experience.

    How Do You Run an International Background Check?

    By using The Balance Careers, you accept our. Job Searching Job References. By Alison Doyle.

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