Today, many hiring managers are using criminal background checks to verify the integrity of potential applicants. While a few mistakes in the past might not tell you the whole story of a potential employee, it is a good place to start. With workplace violence and theft related incidents an issue, employers are seeking ways to help diminish negligent hiring claims. If you are considering background checks as part of your hiring process, there are a few key elements you should utilize:Follow the Laws of Your State
In an effort to prevent employers from denying employment based on arrest records, many States have implemented Ban the Box rules on job applications. This means that an employer should utilize conviction records only after a job offer has been made. If the relevance or severity of the crime does not relate to the job, an employer cannot discriminate just because of a conviction itself. There must be some correlation between the two. You will need to weigh your business needs against the risks involved with hiring an employee who may not have a stellar background.

Use a Third Party Administrator
Outsourcing your background checks to a reputable service provider will ensure that you are receiving a thorough and consistent report on each applicant. Attempting to perform your own criminal background checks is not only time consuming, but you run the risk of non-compliance and inconsistency. If you check for felony convictions on one applicant, you must check for felony convictions on all applicants as per protocol. Having been convicted of felonies in the past can mean that the potential employee might not be suited for hire. A third party administrator can offer you the experience and expert knowledge needed to implement a fair and compliant policy.

Get Written Authorization
Don't just assume you can retrieve an applicant's personal information without proper written authorization. If you plan to take adverse action based on someone's criminal background, you also need to explicitly explain your reasons for denying them employment. Applicants must be given an opportunity to address their background check reports. A background check policy written in clear, easy-to-read language must be included as part of your criminal background check paperwork.

If you have decided that your business needs could be strengthened by weeding out less desirable employees, enforcing a criminal background check might be your answer. Keeping in mind that labor and discrimination laws can be complex, there are many resources available to help guide you in creating a viable criminal background check program. Checking with your local Labor Department or the Equal Employment Opportunity Commission (EEOC) are two reliable sources that you should start with.