Employee Criminal Record Policy

EMPLOYEE CRIMINAL RECORD POLICY

Purpose

This policy establishes the employer's procedures for obtaining, evaluating, and using criminal record information in hiring, promotion, assignment, retention, and other employment decisions. The policy balances legitimate business needs, fairness to individuals, and obligations under applicable law. Effective date:

Scope

This policy applies to all job applicants, current employees, temporary workers, contractors, and interns. It covers pre-employment criminal background checks, periodic or role-specific background checks, and any use of criminal record information in employment decisions.

Definitions

Criminal record information means convictions, plea agreements, deferred adjudications, and other adjudicated findings from criminal courts and authorized background-check repositories. Arrests not resulting in conviction will be handled in accordance with applicable law and this policy.

Policy Statement

The employer may obtain criminal record information where it is job-related and consistent with business necessity. Criminal history alone will not automatically disqualify an applicant or employee. Decisions will consider the nature and gravity of the offense, the time elapsed since the offense or completion of sentence, and the nature of the job held or sought.

Background Check Procedure

Background checks will be conducted only after a conditional offer for employment where required by role or as permitted by law. Where a background check is required prior to hire, applicants will be provided written notice and asked to provide written authorization.

Information obtained will be verified for accuracy, and candidates will be provided an opportunity to dispute and correct inaccurate information before a final adverse decision is made.

Consideration of Criminal Records

The following factors will be applied when evaluating criminal records:

1. The specific conduct underlying the conviction and its relevance to the job duties.
2. The seriousness and nature of the offense.
3. The amount of time that has passed since the offense and the individual's subsequent conduct.
4. The accuracy and completeness of the criminal history report.
5. The age of the individual at the time of the offense.
6. Evidence of rehabilitation, employment history, and community ties.

Disclosure by Applicant or Employee

Applicants and employees must disclose any convictions that are not sealed or expunged only when requested by the employer for purposes of a criminal history evaluation. Provide details below if disclosure is required or voluntarily provided.

Confidentiality and Recordkeeping

Criminal history information will be maintained securely and separately from general personnel files. Access is limited to authorized personnel with a legitimate business need. Records will be retained only as long as necessary and in accordance with applicable law.

Compliance with Law and Non-Discrimination

The employer complies with all applicable federal, state, and local laws regarding background checks and the use of criminal records. The employer will not unlawfully discriminate on the basis of race, color, religion, sex, national origin, age, disability, or other protected characteristics. Consideration of criminal records will be applied in a manner consistent with equal employment opportunity obligations.

Adverse Action Procedure

If information in a criminal background check may lead to an adverse employment decision, the employer will provide a pre-adverse action notice containing a copy of the report and a summary of rights. The individual will have a reasonable period to review and dispute the information prior to final action.

Responsibilities

Human Resources is responsible for administering background checks, ensuring compliance with this policy, and maintaining records. Hiring managers must not request criminal history information outside established procedures. Employees must comply with disclosure and consent requirements.

Acknowledgment, Consent, and Applicant/Employee Information

Position Information

Employment History (Most Recent)

Employment History (Previous)

Education

References (Professional)

Legal Disclosures

At-Will Employment: Employment with the employer is at-will. Nothing in this policy or any other document creates a contract guaranteeing employment for a definite term. Either the employee or the employer may terminate the employment relationship at any time, with or without cause or advance notice, subject to applicable law.

Equal Employment Opportunity: The employer is an equal opportunity employer. Decisions based on criminal record information will be made without unlawful discrimination and consistent with applicable statutes and regulations.

Authorizations and Certifications

I certify that all information provided in this form is true and complete to the best of my knowledge. I understand that false statements or omissions may disqualify me from consideration or, if employed, may result in disciplinary action up to and including termination.

I certify that the information provided is true and complete.

I authorize the employer and its agents to obtain criminal history reports and to contact previous employers and references for employment-related information.

I acknowledge that I will receive notice and an opportunity to dispute any adverse information obtained from a background check prior to any final adverse employment action.

I have voluntarily disclosed my criminal history above and affirm that the disclosure is accurate to the best of my knowledge.

Applicant/Employee Certification Text

By signing below I acknowledge receipt of and access to the employer's Employee Criminal Record Policy, authorize the specified background checks, and understand my rights to challenge and correct any inaccurate information used in employment decisions. I further understand that employment remains subject to the employer's evaluation of any criminal record information in accordance with this policy.

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