Background Checks: Charges/Arrest vs. Convictions

Question

Does anyone know when a company conducts a background check, do they only look for convictions? Do arrests and pending charges show on background checks?

Answer 1

This really depends on what the company who is requesting the check is requesting.  Each company can set their own guidelines on what they will count "against" a background check.  I have worked for major retailers who only use convictions based on certain "criteria" to make decisions ie: theft conviction- automatic termination...child related crimes- termination.

HOWEVER- even if there wasn't a conviction, we reserved the right to speak to an employee regarding "funky" things found ..child charges even if not leading to a conviction (it was a children's retail company)...shoplifting charges from other retailers that WEREN'T a conviction  etc.

We took in consideration how long ago these were among other things. If there was a shoplifting charge 9 years ago and nothing else, we would proceed with a hire. Bottom line?  Every company may have different guidelines.  Hope that helped!!

Answer 2

As a background screening professional, employers are generally only given convictions and pending charges.  In many states, the Fair Credit Reporting Act prohibits the use of arrests for employment purposes, if the arrest did not result in a conviction.  Pending cases are fair game and will almost always be reported.