Employment Screening Background Checks Annual Criminal Statistics

Various organizations publish their annual criminal “hit tariff,” showing how many applicants subject to background screening had criminal records or other discrepancies. On one hand, these facts are extremely valuable because they confirm an already compelling case that background checks are critical for any employer that wants to exercise due diligence and protect its workforce and the public. In fact, as Employment Screening Resources has been advising employers for sometime, without a system of pre-employment screening, it is a virtual statistical certainty that an employer will hire someone with a serious issue that has the potential to make a legal and fiscal nightmare or cause workplace violence.

On the other hand, as with all statistics, these yearly reports need to be taken with a grain of salt. First, not all criminal records come as a surprise to employers. Given the number of Americans with some sort of criminal records, many employers are still willing to hire someone for an apt position, providing the applicant was not dishonest in the application. In fact, certain industries by scenery of their workforce are extra likely to draw upon a pool of potential applicants that may tend to have higher levels of past criminal conduct. Examples might be construction or firms that grant employment for entry level staff.

A statistic that would be very fascinating but much harder to obtain is how many criminal records were learned where the applicant was dishonest about past conduct. Of course, that gets complicated by the fact that an applicant may have been genuinely confused about what is or is not reportable on an application.

A related issue is that not all criminal records have the same impact. A criminal record for underage drinking is not in the same league as a conviction for armed robbery.

In reviewing these types of statistics, employers also need to keep in mind that not all of the criminal records located are job related. Employers should NOT automatically deny employment to an applicant with a criminal record unless there is a business justification that takes into account the scenery and gravity of the crime, the scenery of the job and the age of the crime. As noted in a recent blog on this site, the EEOC takes the position that the overuse of criminal records without a business justification can make a disparate impact, and therefore can be discriminatory. See: http://www.esrcheck.com/wordpress/1057/new-eeoc-lawsuit-for-discrimination-based-on-credit-report-and-criminal-records

Irrevocably, it is hard to draw firm conclusions from the statistics without knowing the search methodology. Depending on how the searches were conducted, it is entirely possible in fact that such annual statistics may even understate the number of criminal records applicants had. The most accurate criminal record searches are done by accessing in rank directly from the county courthouse level, either by physically going the court, or by use of the court computer system that is the functional equivalent of going to the courthouse. That is the method used by Employment Screening Resources. Databases on the other hand, although much wider in scope, are not nearly as accurate, do not have all courts or jurisdiction, may not be updated, or may not contain sufficient identifiers.  To the boundary any searching was done by the use of databases, the numbers could potentially be understated.

The bottom line: These statistics are an brilliant reminder that employers need to be precise in hiring. But, as with most statistics, there is extra to the tale. Contact Employment Screening Resources for additional in rank.