If you are conducting a job interview to qualify potential job candidates there are some right and wrong ways to find out the information you are looking for. Pre employment screening helps to clarify a lot of the gray area for you; in terms of what questions you can legally ask a candidate.
Take the topic of arrests and criminal convictions, for example. It is illegal to ask a job candidate if they have ever been arrested. The arrest could have not lead to a conviction. The arrest could have been downgraded to a different crime altogether. This could mean the difference between a felony and a misdemeanor crime.
By asking about arrests, you can have a potentially negative response to a job candidate. This is an unfair stance for the candidate who may have been cleared/ found not guilty of those charges. You can be held liable for not hiring someone because you asked the wrong questions.
The legal way is to ask about any convictions. That means a court found them guilty beyond a reasonable doubt. If the court found them guilty, then this information is generally public record, which means you can have access to it, as a potential employer.
The best way to do this is to inquire on the application. This gives the applicant the opportunity to disclose any convictions and also give any explanations they feel necessary. You are then allowed to validate these convictions during your pre employment screening background checks.
To purchase Pre-Employment Screening Services or for more information on background check experts, background checks, criminal background checks, employee background checks or pre employment screening contact us at the background check company or call 1.866.914.2567