One of the clearest indications that a prospective employee might be unfit for a position is a history of criminal activity. Failing to check for a criminal record is probably the surest route to negligent hiring. However, legal issues affect both access to information about criminal histories and use of that information. Conviction information is not always readily available and should not be used to exclude all persons with criminal histories from hire. It is important to realize that the number of people in the United States who have been convicted of crimes is quite large.
The United States imprisons far more people than any other country in the world. With 5 percent of the world’s population, the United States has nearly 25 percent of the world’s prisoners. Approximately 700,000 persons are released from jail each year. It is estimated that a quarter of all adults have some type of criminal history. At the same time, more than 90 percent of employers conduct criminal background checks for at least some of their positions. Policies limiting employment based on criminal histories stand to affect significant numbers of people.
It is important to distinguish between arrests and convictions. Individuals who are arrested are often released without actually being charged. They might be picked up for questioning, mistaken identity, or any number of other reasons. The U.S. system of law operates on the presumption that persons accused of crimes are innocent until proven guilty. Thus, an arrest cannot be presumed to say anything valid about a person’s character or fitness for employment.
Criminal Records
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