The entire post on this topic can be found at MyScreeningReport.com.

● Work only with a reputable and legally compliant employment background check service – those who require you to go through an extensive certification process prior to utilizing the service and who limit use of their reports to a specific or Permissible Purpose – employment screening in t his case.

● Avoid ads or posts designed to screen (disqualify) applicants up front based on criminal history or derogatory credit.

● Do not ask about criminal records in the initial employment application.

● Make the background check the last step in the employment process – subsequent to a conditional offer subject to completion of a satisfactory background check.

● Require applicants to complete and sign a separate disclosure and authorization form (separate from the employment application) – disclosing that a background check will be conducted and authorizing you (the employer) to do so. Note that employment screening disclosure and authorization forms may vary by state.

● Avoid use of credit reports unless credit is truly job related. A rapidly growing number of states prohibit use of credit reports for employment purposes unless that information is “substantially job related”. Use of credit for executive level positions, positions in finance or that involve access to cash or sensitive personal information are generally fine.

● DO NOT use records of arrest. Avoid a blanket policy regarding criminal convictions. Develop a list of offenses you believe are pertinent to the position (not as hard as it sounds). Consider mitigating factors presented by the applicant and avoid use of old convictions – the date of final disposition of which is more than seven years old.

● Provide a copy of the employment background check report to all applicants – whether or not adverse action is taken.

● Advise applicants that you are considering taking adverse action based on the content of the background check report BEFORE you take that action – to give them a chance to provide mitigating factors – yourself a chance to consider those factors.

● Advise the applicant if or when you decide finally to take adverse action based on the content of the report.