january 22, 2010 background checking: conducting criminal background checks

January 22, 2010

Background Checking: Conducting Criminal Background Checks

Background Checking | ©SHRM 2010

Conducting Criminal Background Checks

2

Background Checking | ©SHRM 2010 3

Does your organization, or an agency hired by your organization, conduct criminal background checks for any job candidates?

73%

19%7%

All job candidates

Selected job candidates

No, my organization does not conduct this type of background check for any of its job candidates

Note: n = 347. Not sure” responses were excluded from this analysis.


On which categories of job candidates does your organization conduct criminal background checks?

Other

Job candidates for positions involving national defense or homeland security

Job candidates who will work in health care or with access to drugs (e.g., hospitals, nursing homes, clinics, pharmacies, rehabilitation centers, etc.)

Job candidates who will work with children, the elderly, the disabled and other vulnerable populations

Job candidates for positions for which state law requires a background check (e.g., day care teachers, licensed medical practitioners, etc.)

Job candidates who will have security responsibilities (e.g., security guards, etc.)

Job candidates who will be employed in safety-sensitive positions (including operating heavy equipment, transportation, etc.)

Job candidates for senior executive positions (e.g., CEO, CFO, CHRO, etc.)

Job candidates who will have access to company or other people's property or otherwise placed in a position of financial trust (e.g., information technology, administrative services, etc.)

Job candidates who will have access to highly confidential employee information (e.g., salary, benefits, medical information or other personal information about employees, etc.)

Job candidates for positions with fiduciary and financial responsibility (e.g., handling cash, banking, accounting, compliance, technology)

0% 10% 20% 30% 40% 50% 60% 70% 80%

15%

25%

32%

33%

40%

43%

48%

55%

60%

68%

78%

Note: n = 60 .The data in this figure represent organizations that conduct criminal background checks on select job candidates. Percentages do not total to 100% as respondents were allowed multiple choices.


When conducting criminal background check on job candidates, how influential is/would be the discovery of each of the following in your decision to NOT extend a job offer?

Arrest records that did not result in conviction

Convicted non-violent misdemeanor (e.g., criminal offense that is less serious than a felony and generally punishable by a fine, a jail term of up to a year, or both.)

Convicted violent misdemeanor (e.g., criminal offense that is less serious than a felony and generally punishable by a fine, a jail term of up to a year, or both.)

Convicted non-violent felony (e.g., fraud, embezzlement, etc.)

Convicted violent felony (e.g., murder, rape, etc.)

0% 20% 40% 60% 80% 100%

37%

3%

1%

0%

0%

32%

24%

6%

2%

0%

26%

51%

35%

24%

5%

5%

22%

58%

74%

95%

Not at all influential Not very influential Somewhat influential Very influential

5Note: n=312.


When conducting criminal background check on job candidates, how influential are/would be the following factors in relation to the criminal activity (regardless of whether it resulted in conviction or not) in your decision to NOT extend a job offer?

The age of the job candidate when the criminal activity occurred (i.e., if it occurred during adulthood as opposed to youth, the less likely to hire)

The length of time since the criminal activity (i.e., if more recent the less likely to hire)

The relevance of the criminal activity to the position applied for

The number of convictions (i.e., higher number of convictions the less likely to hire)

The severity of the criminal activity (i.e., the more severe the less likely to hire)

0% 20% 40% 60% 80% 100%

8%

2%

3%

2%

2%

10%

3%

4%

3%

1%

50%

39%

20%

20%

16%

31%

56%

73%

75%

81%

Not at all influential Not very influential Somewhat influential Very influential

6Note: n=309. Other information that influences decision not to extend job offer is non disclosure of criminal activity prior to background check.


What are the primary reasons that your organization conducts criminal background checks on job candidates?

Other

To assess the overall trustworthiness of the job candidate

To comply with applicable State law requiring a background check (e.g., day care teachers, licensed medical practitioners, etc.) for a particular position

To reduce/prevent theft and embezzlement, other criminal activity

To reduce legal liability for negligent hiring

To ensure a safe work environment for employees

0% 10% 20% 30% 40% 50% 60% 70%

4%

12%

20%

39%

55%

61%

Note: n = 310. Percentages do not total to 100% as respondents were allowed multiple choices. Respondents were asked to select top two options.


Does your organization allow job candidates, in certain circumstances, the opportunity to explain the results of their criminal background check that might have an adverse effect on an employment decision?

63%

25%

12%

Yes, after the criminal background check is conducted prior to the decision to hire or not hire is made

Yes, after the decision to hire or not hire has been made

No, not at any time

Note: n = 308.


Demographics: Organization Industry

Industry

Health care, social assistance (e.g., nursing homes, EAP providers) 18%

Services—professional, scientific, technical, legal, engineering 12%

Manufacturing—other 11%

Educational services/education 8%

Government/public administration—federal, state/local, tribal 5%

Financial services (e.g., banking) 5%

Transportation, warehousing (e.g., distribution) 5%

Insurance 5%

Retail/wholesale trade 4%

Construction, mining, oil and gas 3%

Other services (e.g., nonprofit, church/religious organizations) 3%

High-tech 3%

9

Note: n=312. Percentages may not total 100% due to rounding.


Demographics: Organization Industry (continued)

Industry

Telecommunications 3%

Utilities 3%

Services—accommodation, food and drinking places 2%

Publishing, broadcasting, other media 2%

Arts, entertainment, recreation 2%

Consulting 1%

Manufacturing—auto/auto-related 1%

Real estate, rental, leasing 1%

Association—professional/trade 1%

Pharmaceutical 1%

Other 1%

10

Note: n=312. Percentages may not total 100% due to rounding.


Demographics: Organization Sector

Government sector

Publicly owned for-profit organization

Nonprofit organization

Privately owned for-profit organization

0% 10% 20% 30% 40% 50%

8%

25%

25%

43%

11

Note: n = 319. Percentages may not total 100% due to rounding


Demographics: Organization Staff Size

Small (1-99 employees) Medium (100-499 employees) Large (500 or more employees)0%

10%

20%

30%

40%

50%

60%

70%

7%

28%

65%

12



Demographics: Organization Region

West

Northeast

South

Midwest

0% 10% 20% 30% 40%

19%

20%

29%

32%

13



Demographics: Organization Operations Location

Primarily nationally based

Primarily locally based Primarily state based Primarily multinationally based

0%

10%

20%

30%

40%

50%

43%

24%

18%14%

14



Background Checking

• Response rate = 19%• Sample comprised of 433 randomly selected HR

professionals from SHRM’s membership• Margin of error is +/- 5 • Survey fielded November 18 – December 4, 2009

15

Methodology

january 22, 2010 background checking: conducting criminal background checks

Documents