Can an Active Warrant Keep You from Getting a Job?

If you have an outstanding warrant for a misdemeanor or felony, that means you could be arrested for the crime at any time. A warrant can complicate your life in countless ways. If you are searching for a job, it may or may not cause an employer to decide not to hire you.

How an Employer Might Look at an Outstanding Warrant

Many, but not all, employers conduct pre-employment background checks. If an employer conducts a thorough background check, a warrant will most likely come to light. Depending on the nature of the charged offense, the type of job you applied for, the company’s policy, and the supervisor’s discretion, you may or may not be hired.

For many employers, the type of crime you are charged with will be key to the decision on whether to offer you a job. If the job would require driving and you have an outstanding warrant for driving under the influence of alcohol or drugs, an employer would almost certainly not hire you. If a supervisor knew about the warrant and offered you the job, and then you caused an accident that damaged one or more vehicles or injured other people, the company could face a wrongful hiring lawsuit.

If you applied for a job working with vulnerable populations, such as children, senior citizens, or disabled individuals, and you have an outstanding warrant for assault or domestic violence, an employer most likely wouldn’t feel comfortable hiring you. The company’s or organization’s primary concern would be the safety of the people in their care. If you were hired and abused someone on the job, the employer could be sued.

If you have an outstanding warrant for a minor crime, such as petty theft, and the job you are seeking would not give you access to money or credit cards, an employer might be willing to give you a chance. A supervisor might take the view that you are innocent until proven guilty or might think that you would be unable to commit such a crime in the position you applied for and would not pose a risk to the company.

How to Handle a Warrant

If you have an active warrant out for your arrest, hire a lawyer and post bail if required. When you fill out a job application or go for an interview, answer all questions honestly. An employer may be willing to hire you with an outstanding warrant, but you will automatically be rejected for a job if you get caught in a lie.

Check Applicants’ Backgrounds

If you are an employer, you need to make informed decisions to protect the safety and interests of your business and customers. Depending on the nature of the alleged crime, a warrant may or may not be a reason not to hire a job applicant.

DataCheck can conduct thorough background checks to provide you with all the relevant facts you need to make hiring decisions with confidence. Contact us today to learn more.

Is Your Small Business Falling Behind in HR Compliance?

Staying compliant when it comes to business functions can be a giant undertaking – especially for small businesses with little resources – but it’s absolutely necessary. Being up to code with constantly changing industry standards and knowing the rules for everything from finances to hiring practices, is critical to operate successfully.

Small Business Compliance Issues

If you’re a small business, perhaps it’s been a while since you took a look at some of your HR functions and how they’re operating. Now’s a great time to ensure that you’re in compliance or risk hefty penalties.

One recent survey found that smaller businesses are lacking confidence when it comes to HR functions today in issues including overtime laws, youth standards and laws around employee classification.  Of all the core functions in the Human Resources role, survey respondents said they we’re least sure about the rules when it came to onboarding, handbooks and background checks.

Importance of Background Checks

Bringing on new employees involves a lot more than finding someone whose resume matches with a job opening. Employers today must find candidates who have the proper training and education, fit in with the company culture, and who meet requirements based on their backgrounds to remain compliant. The only way to be sure all of this is happening, and that all information provided is accurate before you onboard a candidate, is with background checks.

Depending on the industry, everything from criminal history, to drug tests may be needed. What’s most important is to work with a company that specializes in obtaining the pertinent information to assure your company will make the right decision. This can also protect the company and workplace from risks or other losses.

DataCheck offers employment screening as well as information, education, and training on “all things background checks.”  Our goal is to promote a safe workplace that both employers and employees benefit from. Contact us today to learn more.

New Legislation Could Affect School Bus Drivers

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Earlier this year, federal legislation was introduced that would impact how school bus drivers are hired.

It all comes down to background checks. It’s called The Safety for the Schoolchildren Act. The legislation would instruct all states and school districts nationwide to obtain FBI background checks on all new job applicants, including potential school bus drivers.

The bill would also prohibit local education officials from hiring people for school bus driver positions who have been convicted of or plead guilty to drunk driving or a serious moving violation. The proposal also covers any new school job applicant who has been convicted of sexual assault against a minor.

The law would also add an amendment to the Elementary and Secondary Education Act. It would also cover teachers, substitute teachers administrators, cafeteria workers, custodians or any contract employees that work in a school district.

The National School Transportation Specifications & Procedural Manual will recommend school districts check both state and national criminal identification agencies for record of any criminal activities among school job applicants. School districts will also be encouraged to check the driving records of school job applicants.

This is just another reminder of the importance and wide-ranging impact of proper background checks.

Holiday Background Checks

BadSanta

The holiday season can be a busy hiring time for businesses that depend on seasonal employees. We’re talking about everything from extra counter and sales help to store Santas. The demand is high and positions need to be filled.

This is why this is such an important time of year for background checks. Employers need to exercise good judgment when making those seasonal hires. They should also consider the importance of thorough background checks.

Temp workers will often have access to an employer’s place of business. It’s like trusting someone inside your home. Those temporary employees may have access to some intellectual properties and receive training on specific business practices.

It goes beyond business practices. Stores, malls and charity organizations that hire seasonal Santa Clauses need to sure about hiring for a position that call for a great deal of time to be spent with children. Thorough background checks conducted by professionals are essential. Google searches won’t cut it. It’s all too easy to skip a background check in the interest of saving time. Yet, the same due diligence that would be done on an employee being considered for a full-time position should also be done on a part-time or seasonal employee. Employment classification should not matter.

Employee background checks and pre-employment screenings are an integral part of the hiring process. It’s about the safety of the employer, employee and customers. A thorough background check can prevent a negligent hiring lawsuit. It can ensure that person with a criminal background is not hired for a sensitive position, such as one that calls for spending time around children.

These are just some of the reasons it’s important to do due diligence before hiring that mall Santa Claus or adding that extra store cashier. Background checks can make for a safer holiday shopping seaso

Background Checks for School Bus Drivers

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Something new is taking place for school bus drivers in one area of the country. They will soon have to undergo background checks.

It’s happening in Aiken County, South Carolina. Public school officials say potential school bus drivers will be subject to driving and criminal-history checks.

This comes in the wake of several DUI arrests around the country involving school bus drivers. Now, potential school bus drivers in Aiken County will need to submit to a driver record check with the state’s Department of Motor Vehicles. Officials say they will also need to undergo criminal background checks with the South Carolina State Law Enforcement Division.

One official says if a potential driver has anything on their driver record that has anything to do with DUI, the potential driver is immediately disqualified from consideration. That official also says potential drivers that have more than four points against their license will also be turned away.

The criminal background checks look for any arrests or convictions.

Each state has different policies and procedures. South Carolina has a ten-year back check period. This refers to the period of time in which a DUI is relevant for sentencing. It’s also known as a “washout” period.

School officials say they are always looking for drivers and currently have about 220 drivers, all of whom have undergone the background check process.

Many states require a background check for potential school bus drivers. Some states have changed or toughened up background check requirements. Unfortunately, some of those changes took place after an accident or arrest.

Part of the background check should obviously be looking at driving records. Many states do require a check on a potential school bus driver’s driving record as part of the pre-employment screening process. It’s one of the first steps that can be taken to ensure safety and security.