Use Of Criminal Background Checks Research Articles

Criminal records and post-prison employment in Ghana: Formal and informal means of performing criminal background checks

This article contributes to the discussion on criminal record-keeping and post-prison employment from the perspective of a developing country. We present and discuss the results of a qualitative research based on interviews with 13 employers in Ghana about the use of criminal background checks in the hiring process. Data suggest a perceived lack of trust towards formerly incarcerated individuals primarily rooted in traditional cultural and moral values. Participants perceived that being associated with people with a criminal record is largely disapproved at the societal level. As a result, formerly incarcerated individuals are discriminated against in the employment setting. We also found that community dynamics and relations manage to overcome the lack of accuracy and reliability of state-provided criminal history information. Due to the absence of reliable access to criminal records through official channels, employers resort to informal means relying on community ties to get access to information about the past and character of job applicants. We conclude by discussing the implications of our findings for research, policy and practice.

The Global Rise of Criminal Background Checks

The extensive use of criminal background checks—the request for information on prior convictions for non-judicial purposes—creates obstacles to a fair reentry of individuals with criminal records. Previous research has documented the growth in the use of criminal background checks in Western jurisdictions. However, much less is known about the evolution of criminal background checks in other parts of the world. In this study, I present and analyse an original dataset with information on requests for official criminal record certificates for non-judicial purposes in 52 countries. The results show that the reported use of criminal background checks for non-judicial purposes is rising in nearly every country measured. These findings advance our knowledge about the international character of a previously-ignored dimension of the globalisation of punitiveness.

The Exception as the Rule: Negligent Hiring Liability, Structured Uncertainty, and the Rise of Criminal Background Checks in the United States

The threat of negligent hiring lawsuits is thought to play an important role in the widespread use of criminal background checks among US employers. This article examines the construction of negligent hiring within the trade literature of the human resources (HR) field using a qualitative content analysis. While courts tend to view criminal record checks as unnecessary for occupations that do not carry foreseeable risks, the article finds that the HR field has broadly endorsed criminal record checks as the default practice for screening job candidates. The article argues that this divergence stems from the structured uncertainty of compliance under the common law tort of negligent hiring, which shapes organizational behavior in ways that defy the substantive clarity of relevant case law.

The next Pandora’s Box of criminal background checks

The use of criminal background checks (CBCs) – requests for information on previous convictions during the employment recruitment process – is growing worldwide. This article seeks to explain the proliferation in CBCs by examining whether novel legislation introducing mandatory requests for some jobs also leads to an increase in requests for CBCs for jobs outside the scope of the law. The present research makes use of survey data collected from individuals requesting criminal records certificates before and after the introduction of new CBC regulation in Spain – EU Directive 93/2011/EU – which established the obligation to request a criminal record certificate covering sexual crimes for jobs involving frequent contact with children. The analysis detects only a small and unsustained growth in non-mandatory checks following introduction of the new law. However, the results suggest that the danger of the new legislation lies in employers requesting certificates with a higher level of disclosure than is required for the positions on which checks were made mandatory by the new law. In addition, the growth in non-mandatory CBCs observed during this period seems to be related not to the new legislation but to the emergence of tech companies, raising alarm regarding the role of novel forms of policy mobility and the new collaborative economy in limiting the re-entry of individuals with criminal records to the labour market.

HOW STATES CHANGED REGULATORY REQUIREMENTS FOR ASSISTED LIVING STAFF SINCE 2003

In 2003, the Assisted Living Workgroup (ALW) published quality improvement recommendations for states’ regulations, including 26 regarding staffing/workforce. We reviewed states’ 2003 and current regulations to identify the presence of ALW standards. Over half of states’ regulations reflect 7 of the 26 staffing/workforce recommendations. Those most often added after 2003 concern criminal background checks, with a 58.8 percent increase in states that added federal background checks and use of criminal background checks to inform hiring. At least 40 states’ regulations reflect the ALW recommendations for administrator and direct care staff training. Very few states require staff performance evaluations (n=13), human resource policies to improve retention (n=1), or management practices to improve retention (0). The 10 ALW recommendations concerning staff who administer medications have been adopted by fewer than 23 states. These findings can inform future policy analysis and research on staffing/workforce in assisted living communities.

Crime and punishment

PurposeA surprisingly large proportion of the working population of the USA consists of individuals with felony convictions. Moreover, the issue of employability of these individuals is compounded for minorities. This paper aims to present two experimental studies investigating whether minorities with felony backgrounds have a more difficult time being selected for employment than identically situated white applicants. The authors ground the paper in realistic group conflict theory. Results indicate discrimination is more acute against minorities with felony backgrounds than whites with the same background and shed light on the mechanisms leading to this discrimination. Theoretical and practical implications are discussed.Design/methodology/approachThis paper involves two experimental studies involving working adults engaging with realistic survey situations using mTurk.FindingsResults of both studies indicate discrimination is more acute against minorities with felony backgrounds than whites with the same background, and shed light on the mechanisms leading to this discrimination.Research limitations/implicationsOne limitation of the methodology is that the authors used fictional candidates and jobs. This may have led to understating the effects of discrimination on minorities because it allowed applicants to answer in socially desirable ways (e.g. absent of racial bias) without suffering any of the anticipated negative consequences of actually hiring individuals about whom they hold negative stereotypes.Practical implicationsThis research has several important implications for practice. First, organizations should be keenly aware of the potential for subtle and unconscious bias to affect the job application process even among well-intentioned hiring managers. Second, as the bias is often triggered by threats, organizations should share with their employees the nature of the threat involved with former felons.Social implicationsOrganizations should deliberately address issues associated with the use of criminal background checks. For many organizations, a felony conviction in an applicant’s background automatically eliminates that person from employment. However, a substantial amount of the workforce now has a felony in their background. Indeed, the Equal Employment Opportunity Commission (2012) has issued guidelines that detail important factors that organizations should consider on a case-by-case basis when considering employment for former felons. Organizations may consider updating any blanket exclusions regarding the hiring of ex-felons – not only because it makes good policy but also because it may help the organization hire the best people.Originality/valueThis research studies an important – and growing – societal problem related to the hiring of convicted felons, and the related issue of racial discrimination that affects black convicted felons particularly hard. There has been very little work in the management area on this topic. Moreover, there has been very little work in all areas that includes experimental methods. The use of such methods is particularly useful to eliminate confounds found in field data.

Analyzing CACREP-Accredited Programs’ Utilization of Criminal Background Checks

Counselor educators and supervisors are ethically bound to not endorse any counselor-in-training (CIT) for certification, licensure, employment or completion of an academic program when they believe a CIT is not qualified for the endorsement (American Counseling Association [ACA], 2014). particular, educators are required to screen all counseling program prior to admission and to continually and thoroughly evaluate and appraise students during their progression through the program (Erwin & Toomey, 2005). It has been suggested that utilizing criminal background checks (CBCs) with students should be part of the gatekeeping process in behavioral health programs (Brodersen, Swick, & Richman, 2009; Cowburn & Nelson, 2008; Erwin & Toomey, 2005). fact, government agencies and private and public employers are increasing their use of CBCs as a screening mechanism (Sheets & Kappel, 2007). CBCs may be conducted to determine if an individual is a potential threat to clients, vulnerable populations or fellow employees. According to Sheets and Kappel (2007), Because most consumers are not in the position to run CBCs . . . they depend on professional licensing boards to conduct appropriate screening of applicants (p. 64). This could be a concern, however, because CITs work with clients while they are in their training program. Counseling programs that do not have access to CBC data may be left without critical information to help best protect vulnerable populations. Therefore, the responsibility of having CBC results might more appropriately fall on educators (ACA, 2014).All 50 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands require a CBC for school counselors (American Counseling Association, Office of Public Policy and Legislation, 2011). According to ACA (2010), as of 2010 six states (i.e., Arizona, Maine, Mississippi, Missouri, Montana, Tennessee) required a CBC as part of the licensure application process. North Carolina requires to sign a statement authorizing the licensing board to conduct a full criminal record search, including state and federal records (North Carolina Board of Licensed Professional Counselors 2013). The state of Washington requires to submit fingerprints as a means to perform a professional criminal background check. Given that passing a CBC is a criterion for certification or licensure for professional counselors in some jurisdictions, it seems important to examine if education programs are utilizing CBCs as part of the admission process, student evaluation for CITs, and ultimately as a tool for gatekeeping.Gatekeeping in the FieldAccording to Kerl and Eichler (2005), In the field of education, gatekeepers are the professionals whose responsibility it is to open or close the gates on the path toward becoming a counselor (p. 74). The Council for Accreditation of Counseling and Related Educational Programs (CACREP) requires counseling programs to start the gatekeeping process at the onset of screening for admission. Unfortunately, there is ambiguity about specific ways to gatekeep during the admission process, which may prompt inconsistencies between those operating as gatekeepers. Several studies have examined barriers to effective gatekeeping (Brear & Dorrian, 2010; Brodersen et al., 2009; Brown-Rice & Furr, 2014). Some of the barriers include a need to meet desired enrollment, inconsistent screening procedures, likability effect, inadequate training on how to be a gatekeeper, social loafing, the leniency effect, and the empathy veil effect (Brear & Dorrian, 2010; Brown-Rice & Furr, 2014). The previous findings support the need to examine the current use of objective measures that may diminish some of these described obstacles.Swank and Smith-Adcock (2014) examined the screening and gatekeeping methods used by 79 master's- and doctoral-level CACREP-accredited counseling programs. …

No Woman No Crime: Ban the Box, Employment, and Upskilling

A sizable number of localities have in recent years limited the use of criminal background checks in hiring decisions, or banned the box. Using LEHD Origin-Destination Employment and American Community Survey data, we show that these bans increased employment of residents in high-crime neighborhoods by as much as 4%. These increases are particularly large in the public sector. At the same time, we establish using job postings data that employers respond to ban-the-box measures by raising experience requirements. A perhaps unintended consequence of this is that women, who are less likely to be convicted of crimes, see their employment opportunities reduced.

Banning the Box: Restricting the Use of Criminal Background Checks in Employment Decisions in Spite of Employers’ Prerogatives

Banning the Box: Restricting the Use of Criminal Background Checks in Employment Decisions in Spite of Employers’ Prerogatives

The Effect of Hawaii’s Ban The Box Law on Repeat Offending

The social stigma accompanying an official criminal record hinders the ability of an individual to acquire quality and stable employment, which is problematic because of the often reported nexus between unemployment and criminal behavior. Ban the box laws that limit an employer’s use of criminal background checks during the hiring process are being established across the country to help integrate ex-offenders into the labor force. The current study investigates whether Hawaii’s 1998 ban the box law reduced repeat offending in Honolulu County. Logistic regression results show that a criminal defendant prosecuted in Honolulu for a felony crime was 57 % less likely to have a prior criminal conviction after the implementation of Hawaii’s ban the box law. By mollifying the social stigma attached to a criminal record during the hiring process, Hawaii’s ban the box law proved to be extremely successful in attenuating repeat felony offending.

Overview of: “A Signaling Perspective on Employment‐Based Reentry Programming: Training Completion as a Desistance Signal”

Overview of: “A Signaling Perspective on Employment‐Based Reentry Programming: Training Completion as a Desistance Signal”

The Use of Criminal Background Checks in Social Work Education

This article reports the findings of an electronic survey regarding the use of criminal background checks, using a convenience sample with 119 BSW and 53 MSW programs responding. Requiring applicants or students to undergo a criminal background check was reported by 25% of BSW and 34% of MSW programs. An additional 66% of BSW programs and 57% of MSW programs reported that, although not a requirement of their programs, criminal background checks were required by some of their field agencies. A procedure for the use of criminal background check information was reported in only 7% of BSW and MSW programs. Safety and welfare of future clients, student privacy, and liability if background checks are not conducted were identified as the issues of greatest importance regarding criminal background checks in social work education. Implications for social work education policy and procedure are considered.

Vocabularies of motive among employers conducting criminal background checks

The use of criminal records in the recruitment process has increased dramatically in Sweden over the past decade. The article analyses the various vocabularies of motive used to account for the practice in order to examine how it is justified and legitimized by those resorting to it: employers, representatives of employers’ organizations and union representatives in the business sector who endorse criminal background checks as part of the employee screening processes. The dominant vocabulary as articulated in the interviews appealed to notions of corporate risk and security. However, it was contested by an alternative vocabulary focusing on an individual’s right to privacy and reintegration, and by a third vocabulary centring on the notion of trust. To stress their character as moral actors, employers who checked criminal records avoided relying on the risk vocabulary alone. They tended in addition to incorporate elements of the rights vocabulary to justify their actions against the values embodied in it. Even though the results of the study suggest parallels between the increase in the use of criminal background checks and a shift toward a ‘control society’ or a ‘society of exclusion’, they also show that legal rights of the individual still inform the justificatory discourses at least in Sweden.

The Use of Criminal Background Checks in Social Work Education

This article reports the findings of an electronic survey regarding the use of criminal background checks, using a convenience sample with 119 BSW and 53 MSW programs responding. Requiring applicants or students to undergo a criminal background check was reported by 25% of BSW and 34% of MSW programs. An additional 66% of BSW programs and 57% of MSW programs reported that,although not a requirement of their programs, criminal background checks were required by some of their field agencies. A procedure for the use of criminal background check information was reported in only 7% of BSW and MSW programs. Safety and welfare of future clients, student privacy, and liability if background checks are not conducted were identified as the issues of greatest importance regarding criminal background checks in social work education. Implications for social work education policy and procedure are considered.

Use of Criminal Background Checks in Counselor Education

To conduct an initial investigation into the use of criminal background checks and related issues in counselor education programs, surveys were sent to the contacts from 50 programs accredited by the Council for Accreditation of Counseling and Related Educational Programs (2001). The results of this pilot study highlight the need for more research, discussion, and discourse about the benefits and disadvantages of using criminal background checks.

Criminal Background Checks for Prospective and Current Employees: Current Practices among Municipal Agencies

The purpose of this paper is to discuss background checks and to describe local government agencies' use of criminal background checks. Although interest in protecting one's organization or public agency from negligent hiring lawsuits is growing, little is known about what government agencies are doing related to criminal background checks on new hires and current employees. We provide data indicating that conducting background checks is relatively commonplace among municipalities, depending on the type of job involved.

A Study of Public School Systems’ Hiring Practices Relating to the Use of Criminal Background Checks

A Study of Public School Systems’ Hiring Practices Relating to the Use of Criminal Background Checks