Pathway 2
How should we plug in these numbers for better outcomes?
In practice, a background check should be conducted after a conditional
job offer is extended, based on a preliminary conclusion from the initial
screening and interview that the applicant is qualified for the position.
If a background check reveals criminal record information, the employer must assess whether it is relevant to the job by determining if it does have a direct and adverse relationship to the duties of the job the applicant is to be hired for, using a subjective analysis guided by specific questions:
- What is the NATURE of the offense for which the applicant was convicted, what was the harm caused, seriousness of the crime, whether it occurred while employed and/or on the job?
- How much TIME has passed since the applicant committed the offense or completion of sentence?
- Does the NATURE of the job or its working conditions pose increased risk based on the conviction? For example, embezzlement may be relevant for financial roles, DUI for driving jobs, or drug charges for pharmaceutical handling. Other factors include level of supervision, work location (e.g., isolated settings or client homes), autonomy, and customer interaction.
When is a Criminal Record Relevant to the Hiring Decision?
The Importance of Ban the Box