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Checking Criminal Records

April 13, 2006

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You'll need to protect your business from liability by doing criminal background checks on applicants who will:

• be bonded because of access to money or valuables
• carry a weapon
• drive a company vehicle
• have access to drugs or explosives
• have access to master keys
• have a great deal of contact with the public, patients, or children
• be filling a position that requires a criminal record check under state law

Checking criminal records is a sensitive issue.

• There are legal restrictions under federal law and under many state laws as well.
• Checking conviction records is generally permitted.
• Checking arrest records is generally not permitted, except for special circumstances.
• Our case study illustrates the reasoning courts may follow when evaluating whether a denial of employment based on criminal records was proper.

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