Checking Conviction Records

April 13, 2006

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We recommend that you check conviction records only if you need to do so to protect your business from negligent hiring claims. Whether you are justified in requesting a criminal record check can be determined from:

the type of position being filled
the information that you had obtained from the applicant, former employers, personal references, and educational references before you started a criminal record search
the ability of your business to bear the cost of the search

Where do you check? The easiest way to check conviction records is to have a private detective agency do it for you. You can also do it by communicating directly with:

the state's central repository of records
state and local criminal agencies
any county in which the applicant may have been living
the state's department of motor vehicles for records of driving-related convictions and violations
the Federal Bureau of Investigation

Legal considerations. Because conviction records can cover an array of behavior and can sometimes unfairly affect certain groups of people, be sure to:

comply with antidiscrimination laws, both federal (if you have 15 or more employees) and state
avoid violating state laws that restrict use and disclosure of criminal records or that require you to check conviction records based on the nature of your industry or the type of position you are filling