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Learn How a Certificate of Relief will Help You Safely Hire Ex-Offenders

Imagine this…..you have found someone you think will be a perfect fit for your company and the job. They have all the right qualifications and they interviewed well. And while you have no reason to think you will find anything negative, it is time to start the background check process to make sure.



This exact scenario has happened to me many times, and it may have even happened to you. 





When it comes to criminal history, the usual best practice is to consider convictions, not arrests, when making your employment decision. Arrests do not determine guilt, so it makes sense they should not be part of the hiring equation.

“When you have evidence of a conviction (especially those verified through a quality background check company), you know the record is that of the applicant and you know the outcome of the case. Only then can you make a truly fair and informed determination of the applicant’s suitability for the job”, excerpt from “Why Checking an Applicant’s Criminal Past Should be About Convictions, Not Arrests!”.

But with a pending or active case, there is no such determination of guilt.





I believe in the employer’s right to know. That is why my practice is to include pending and active cases in my background check reports.   



For example, there is likely to be one or more scheduled dates where your applicant will have to appear in court. If hired, they would need to take this time off.

If your new hire is simply found not guilty, or the charges are dropped or withdrawn, time off for court may be as far as it goes.



If they are sentenced to jail time, you will have to start the entire hiring process all over ~ wasting the time and money you spent in vetting and training your new hire. 

Even if granted probation, or a sentence requiring county or state sponsored rehabilitation programs, your hire will most likely miss work to fulfill this part of their sentence. This is also a drain on your finances and on the other employees who must cover your absent employee’s work.






But what if, despite knowing of these open charges, you still want to hire this applicant?

Then hiring them on a conditional basis may be a good idea. Your employee could then be placed on a probationary status pending the final outcome of the case.

You will also have the opportunity to "pre-plan" how you will handle possible absences due to their court case obligations.

On the positive side, you will also be giving someone with a troubled past a second chance. Face it, people make mistakes. Being solely defined by those mistakes, however, serves no one..



Find out more about safely hiring ex-offenders in, “Once a Criminal, Always a Criminal ~ Why We Need to Believe in Second Chances”.


The key here is going in with your eyes wide open and fully aware of the potential outcomes when the case is finally decided.








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Authored by Kimberly Kline, API

And no wonder! Looking for a job is a nerve wracking and anxious time ~ and the thought of an employer scrutinizing you and your past just adds to the stress.

Even if you have nothing to hide, you can feel anxiety about the whole background check process.

You might spend time wondering “What is an employer looking for?” and “What will they discover?”. 


Many job seekers have the same questions when it comes to employment screening.    

By focusing on 5 of those most frequently asked, I hope to provide the answers you need and help alleviate some of the stress that can drive you crazy while you search for your dream job.

Created by Kimberly Kline, API

• How far back do employment background checks go?

It is standard for most employers to go back 7 - 10 years when it comes to background checks. This time frame is recommended by FCRA (Fair Credit Reporting Administration) and EEOC (Equal Employment Opportunity Commission) guidelines. Compliant employers and background check companies will follow this time frame.  

This can vary depending on the industry. Some companies, by law, are required to search for your entire past criminal and work history. Examples of this are jobs in finance, working with children, the elderly, or disabled, and in the transportation industry.

While these guidelines do dictate how far back to go in searching for your criminal offenses, there are none when it comes to past employments, education, etc. An employer is free to go back as far as they deem necessary. 

• What Shows Up on a Background Check?

This depends upon the scope of the background check requested. Many times the extent of the screening depends upon the position being filled. For example, an entry level job usually requires a more basic background check than one for a management or supervisory position.

However, when most job seekers ask this question, they are really thinking about the criminal check.  The 7 -10 year rule applies here too (with the exception of the regulated industries). This means that criminal offenses beyond that parameter are not supposed to be considered ~ whether they “show up” or not.

If the background check is done internally, HR should follow this guideline. If it is outsourced to a reputable screening company, then only those offenses that fall within the time parameters should be reported.  

Court records are most often checked at the county and state level. Federal court records may also be requested.  

During a criminal check, cases will be found that resulted in both findings of not guilty and those where you were convicted. Even cases that were dismissed or are currently active (with no disposition) are uncovered. Traffic cases are rarely considered (unless a company car or driving is part of the job description).

Beyond the criminal check, the following information will be discovered if requested by the employer:

Education ~ dates of graduation and degree earned are most common.  Class rank or GPA (QPA) are not usually requested.

Employments ~ dates (start to end) and title of your most recent position are checked. Your reason for leaving is also commonly asked.



Making sure your resume is “background check ready” is a great way to start. Verifying that all the information listed is true and accurate is key.
   

Getting a background check on yourself before you even apply for a job is also a smart move. Knowing in advance that nothing will be uncovered that could keep you from getting the job simply makes sense.

• What kind of Criminal Record will keep me from getting the job?

No matter what kind of criminal history information may be uncovered during the background check, EEOC guidelines require most employers to only consider convictions when making their employment decision.

For many employers, felony convictions are automatic red flags. Also of concern is any past criminal activity that may jeopardize the safety of their customers, employees, and their assets.

Convictions for violent offenses are especially problematic. But, depending on the job, guilty verdicts for crimes like embezzlement, drug trafficking, or theft may also effect whether you get the job. 

Even if a record is found, you have rights.There are definitive steps that an employer must take if they are considering not hiring you because of your criminal history.  These include notifying you (in writing) if adverse information was found in your background check and giving you the chance to deny or mitigate those findings.

Learn more about your rights here!

It is important to note that not all employers will automatically eliminate you from consideration if you have a criminal record. EEOC guidelines actually recommend that employers only take into account offenses that directly pertain to the job.

But if you do have a criminal past, your best defense is to be ready to plead your case. Own your criminal past, share any circumstances that lead to your conviction, and show what you have done since then to turn your life around.

• Will an employer find out I lied about…..

Whether you have lied about your education, past employments, or anything else listed on your resume, the answer is YES!!!!

More and more employers are doing employment background checks. And be assured, these screeners know what they are doing. Your lies will be found out.

When that happens, you lose.  

According to employers, resume lies can cost you the job!  



Even if the employer initially decides to hire you anyway, there will always be the lingering question about your honesty. This can effect future promotions or raises.

Read more about what happens when your resume lies are discovered in “Employers Share ~ Lie on Your Resume and You Lose!”.

• How long is Marijuana detectable with a drug test?

With an increasing number of states legalizing the use of medical marijuana, and some extending that to recreational use, job seekers are justifiably interested in how that will translate to drug tests and employment.

It is important to know that employers still have the right to require a “drug free” workplace. This includes using drug tests to deny employment or fire anyone that is impaired.

To that end, many employers require pre-employment drug tests. And many others also practice random drug tests of current employees.

The length of time that marijuana will stay in your system can vary. It depends on the kind of test used, how long since you last used, how often you use, and your own body.


Urine Test (most common)
Single Use: up to 5 days
Moderate Use (4 times / week): up to 7 days
Daily Use:  up to 15 days
Long Term Use:  up to 30 days

Blood test:
Low to moderate use:  up to 3 days
Frequent to Long Term use:  approximately 2 weeks

Hair Follicle test:
Single use - doubtful it will show up
Regular use (more than once a week) to More frequent use - weeks to months

Another available test, the Saliva test, is not yet widely used. However, it is able to detect current use, even if you have only used marijuana for a day or two.

Marijuana use becomes slightly more problematic when approved for medical use. Employers cannot discriminate against employees who test positive for marijuana when it’s prescribed by a physician. However, employers in many states are still allowed to reprimand employees who are impaired on the job, even if it is due to medically prescribed marijuana.

It is also important to remember that marijuana use is still illegal under federal law. Any employer that receives federal funding, or is subject to federal regulations, is required to consider marijuana a prohibited substance.

Find out more about Marijuana and the Workplace in “Marijuana, Employers, and Drug Testing ~ What You Need to Know”.



It gives them the opportunity to put their applicants at ease and make the hiring process much less stressful. It also allows an employer to establish an open and honest channel of communication with their potential new hires from the start.


Learn more in “Ready to Hire?  What Your Applicant Needs to Know”!




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What You Need to Know about Expunged Records and Hiring!

It can impact their ability to rent an apartment or own a home, get a student loan, and even to volunteer in their child’s school.




However, the most serious problem for an ex-offender is finding a job. There are many employers that steadfastly refuse to even consider hiring someone with a criminal record, despite laws designed to give these offenders a second chance.

Regulations stemming from the Fair Credit Reporting Act (FCRA), and set as guidelines by the Equal Employment Opportunity Commission (EEOC), address this issue of criminal records and employment. These laws seek to delay the background check and restrict how far back an employer can go when considering a past criminal record.

Some states are looking to go even further.



These states are passing legislation that will expand the ability of ex-offenders to have their record expunged.  

In many cases, it will be is as if their conviction never existed. A job applicant would be then be able to legally state that they have never been convicted of a crime.

Many believe it is a way to give an ex-offender a second chance. Others feel it is simply a way for those convicted of a crime to hide their past.   

Many of these laws have even expanded the types of crimes permitted to be expunged. Most states restrict it to those who have committed non-violent felonies and misdemeanors. This includes such offenses as vandalism and criminal trespass.

All of these states require that the terms of the offender’s sentence must have been completed and, in order for an expungement to be granted, for there to have been no additional offenses for a determined number of years.

Proponents believe expungements are a way to prevent a minor criminal from continuing to be plagued by their past. The goal is to get them back to work and decrease the chance that they will re-offend. 



Questions arise as to what some state legislation considers a non-violent offense. In Kentucky, for example, cases of reckless homicide, stalking, torturing animals, or even assaulting a police officer can be categorized as non-violent.

Another worry is that the nature of the crime, or any possible special circumstances surrounding that crime, has no bearing on whether an expungement is granted. Many states give judges no discretion to consider anything other than whether the ex-offender meets their state’s expungement criteria.

Also at issue is the lack of communication among states and localities. It is conceivable that a person who has been granted an expungement in one state, can then go on to commit a crime in another state. Then, upon meeting that second state’s criteria, can be given another expungement.  Because of the original expungement, there would be little chance of a link existing that shows this person has re-offended.

Even legally obtained expungements do not always keep past criminal records from surfacing. It is not practical or realistic to believe that these records will automatically be removed from all databases in which they exist. 



As a background check provider, I am expected to avoid reporting any record that has been expunged. Because I use direct court records to generate my report, this requirement is a little easier.

However, screening services that either maintain their own database or use another online database to research criminal records can fun afoul of this law. When the expunged record has not been removed from the database and it is included, these companies are not assuring the maximum possibly accuracy in their report, as required by the FCRA of all background screening services. 

Opponents also worry about keeping a criminal record from employers. They believe that a employer should know their applicant’s criminal history in order to make an informed hire.

My take….

I believe in second chances. Making a mistake, especially a one time mistake, should not keep you from having a future. And there is no better way of helping someone earn a future than by giving them a job.
Read more about this in, “Once a Criminal, Always a Criminal ~ Why I Believe in Second Chances”!

However, I also believe that employers should have all the information possible to make an informed hiring decision. Expunged records will only make the hiring process more problematic.



The EEOC requires you, as an employer, to differentiate between arrests and convictions, wait to run a background check until a conditional offer of employment and, if a record is found, examine that record on a case by case basis to see if it should prohibit you from hiring them.

And in many cases, a criminal history cannot be used to deny employment unless it is relevant to the job. In addition, guidelines limit the records that can even be considered to the past 7 to 10 years. 

In effect, these existing EEOC and FCRA guidelines already make a long ago record, arrests, or minor offenses irrelevant to hiring.

Find out more about these laws here!

It is also important that you know your applicant’s criminal history so you can determine if they are safely able to do the job. And that means knowing if their criminal past could pose a threat to you or your company. 

There is also the question of employer liability when hiring someone with a criminal record, whether you know about it or not. Lawsuits where the employee is held liable for the behavior of their employees are not unheard of.


I think that instead promoting expungement, the best option is to fully enforce existing FCRA and EEOC requirements concerning criminal backgrounds and employment.

The current screening laws need to be more vigorously monitored and, if infractions occur, employees should be held accountable. This includes laws concerning banning the box, individual assessments, and applicant rights in employment background checks.

This would help ensure that ex-offenders are being given the chance to become productive and successful. And there is no doubt that having a job goes a long way towards accomplishing that goal.

Instead of expanding expungements, there is also a better way to address employer liability. It starts with giving employers immunity from prosecution for hiring someone with a criminal record. Knowing that you will not be held accountable goes a long way towards giving you the peace of mind to take a chance on hiring an ex-offender.

Increasing the number of programs that teach convicted criminals needed job skills are equally as important. It is also crucial to form partnerships with companies willing to hire these trained ex-offenders. 

These ideas only work, however, if you are able to hire with the full knowledge of your applicant’s criminal past. Then you can be more careful where you place these employees and that you monitor them more closely.




Whether or not expungement rights exist in your state, as an employer, you should consider periodically re-screening your existing employees. This can help protect you in case your employee either re-offends or offends for the first time.

Discover more about re-screening your existing employees here!

If the ability to expunge records is available, it shouldn’t be done with the “one size fits all” approach. Using the idea of individual assessments instead makes sense. This would allow judges to look at each request on a case by case basis.  

It would be wise to look at what the ex-offender has done since committing their crime. Have they taken any steps to try and better themselves?

It is also crucial to be vigilant about checking for any other instances of criminal behavior, and not just in the court where the last offense occurred.  

These steps can work beyond the arena of employment and into the areas of student loans, voting rights, home ownership, and many others where having a past criminal history impedes future rights.

Taking the time to look at each case individually, instead of making blanket assumptions, makes sense.  





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API Can Help You Hire Safely!

#SmallBiz #Hiring #JobTips

In this challenging job market, many ex-offenders feel like they don't stand a chance against job seekers with clean records.

It is important to keep in mind that most employers will screen for criminal history. Existing “Ban the Box” laws and other guidelines may dictate when and how employers can use that information, but being screened is still a reality for anyone seeking employment. 

That is why it is important that you deal with your criminal record head on!



One of the most common areas of concern for ex-offenders is whether or not to Self-Disclose their criminal past.

Laws exist that dictate when and how an employer can use your criminal record in deciding employment. It is important to remember that those laws are there to protect you.  

Equal Employment Opportunity Commission (EEOC) Guidelines state that you cannot be denied employment based solely on your criminal record history (except in certain industries as required by law). Instead, an employer’s decision whether or not to hire you must be based on “business necessity”.  

• The nature and gravity of your offense or offenses.
• The time that has passed since your conviction and/or completion of the sentence.
• The nature of the job you are seeking.

Learn more about criminal histories and hiring here!

#SmallBiz #Hiring #BackgroundChecks

The important questions then become; When, What, and How to do it right!

• When Should You Tell Your Potential Employer about Your Criminal History? 

The best time for you to self-disclose is either after the interview (if an interview is part of the hiring process) or when you receive a conditional offer of employment.

In either case, by then the employer has had the chance to get to know you, access your skills, and is interested. And in most cases, it is at this point when a background check is imminent.

That is why taking the time now to talk about your criminal past makes sense.  

• What Should You Disclose about Your Criminal History?

Convictions that occurred in the past 7 to 10 years.
Current employment laws and guidelines have focused on the validity of using convictions and not arrests as part of the employment screening process.  In most cases, that is where your potential employer will place the greatest weight. 

You can find out more about Convictions vs Arrests in Employment Background Checks here!

• How Should You Explain Your Criminal History to a Potential Employer?

My #1 recommendation is that you focus on what you have learned from your past.  

Take responsibility and be ready to explain any circumstances that lead to you committing your crime(s). When you are  truthful, it is much more likely that the employer will put your past in context.  

But don’t let your conviction be the focus – stress what you’ve learned from the experience.   

Take this time to explain what you have done to reform. Share clear examples of any training programs you have completed or any certificates you have earned (even those earned while you may have been incarcerated). 

You should also include any letters of recommendation from employers, mentors, or even support group leaders. Be sure to emphasize any examples of your reliability and trustworthiness.  

What your potential employer is really looking for is anything you have done to show you have moved on and have done the work to improve yourself.

While sharing this personal information may be difficult, it can go a long way towards getting you a second chance and showing you have moved on.

For many employers, finding out you lied can be a bigger deal breaker than discovering you having a criminal history. That is why being prepared and  ready to take responsibility is crucial.   

Employers realize that not everyone looking for a job is squeaky clean. So when you take it upon yourself to be open up front about what you have done, they are more likely than ever before to give you a second chance.  



Being proactive and taking the initiative to Self-Disclose will leave a much more favorable impression than if you let your employer find out only after the criminal check!

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