No applicant can be excluded from hire simply because he or she has a criminal history. It is important to consider all information received in the official criminal history report. Information will be considered on a case-by-case basis, taking into account the following:
- Is the offense relevant to the position?
- How recent is the offense?
- What is the type and severity of each offense?
- Does the number of offenses represent a pattern of behavior?
- How much time has passed since the offense, disposition or completion of sentence?
- Are there other extenuating circumstances?
The sections below explain how Human Resources will review criminal history and determine relevance.
Is the Offense Relevant to the Position?
Human Resources will perform a total, comprehensive review of information received in the criminal history check. The information below is only a guide to the types of offenses that are generally relevant. All offenses are reviewed and considered. The following types of offenses are relevant to any position at the university:
- Theft
- Injury to person(s)
- Drug-related felony
- Weapons
- Threats
- Damage to/destruction of property
Although an offense in one of these categories is relevant, other factors, as listed above, must be considered. In particular severity of the offense, the number of offenses, and the length of time since the offense, disposition or completion of sentence, are considered.
Relevance to a Specific Position
Any offense or pattern of offenses may be considered relevant to a particular job. For example, a drug or alcohol related offense is more likely to be relevant when the job requires driving or contact with minors. Offenses involving injury to persons are always relevant and will trigger a close review. See the chart below Additional Offenses That May Be Relevant for more examples. The hiring department should notify Human Resources, Records by email when there are additional offense types for HR to review.
How Recent Is the Offense?
Human Resources will perform a total, comprehensive review of information received in the criminal history check. The information below is only a guide. All offenses will be reviewed and considered. In general, Human Resources will consider offenses that fall within this timeframe:
- Felony – 7 years
- Misdemeanor – 3 years
- Deferred adjudication – 3 years
Again, it is important to remember that these are general guidelines. The timeframe, number, and types of offenses that are considered relevant will be determined by the nature of the position for which the individual is applying. The timeframe consideration will be based upon the date of the offense, disposition, or completion of sentence, as appropriate.
EEOC Guidelines
For more information on considering criminal history information, see the EEOC publication Guidance on Consideration of Arrest and Conviction Records in Employment Decisions. The EEOC has determined that improper use of criminal history information in hiring decisions can violate Title VII’s disparate treatment and disparate impact theories. It is critical for hiring departments to consider this information in a fair and consistent manner.
Type of Offense and Recommended Action
This chart notes the severity of offenses and how long they are generally considered relevant. Human Resources will perform a total, comprehensive review of information received in the criminal history check. The information below is only a guide. All offenses will be reviewed and considered. The types of offenses listed below are relevant if the offense occurred within the time period indicated. The timeframe will be based upon the date of the offense, disposition, or completion of sentence, as appropriate.The chart Additional Offenses That May Be Relevant (below) lists additional offense types that are likely to be relevant if the position has certain job requirements.
| Offense | Time | Recommended Action |
|---|---|---|
| Felony | Within 7 years | Do not hire If the felony is relevant to position for which applicant is being considered. Categories that are relevant to most positions include:
|
| Misdemeanor | Within 3 years | Do not hire If the misdemeanor is relevant to position for which applicant is being considered. Categories that are relevant to most positions include:
|
| Pending or Deferred Adjudications (i.e., the final disposition is still pending or the original charge has not been dismissed) | Within 3 years | Do not Hire If the offense is relevant to position for which applicant is being considered. Categories that are relevant to most positions include:
|
* Offenses involving injury to persons are always relevant and will trigger a close review
Additional Offenses That May Be Relevant
| Job Requirements | Relevant Offense |
|---|---|
| Equipment Operation (i.e., driving, operation of heavy equipment) |
|
| Handling Chemicals / Pathogens / Controlled Substances |
|
| Transportation / Shipping |
|
| Financial (i.e., Cash, Purchasing, Grants, Contracts, Storeroom, Accounting) |
|
| Contact with Minors (i.e., Elementary Teachers, Child Care Workers, Camp Counselors) |
|
| Security Clearance |
|
Non-Hire Decisions
Human Resources will obtain an official report of the person’s criminal history and determine whether there are offenses which would exclude the person from being hired into the position. If there are no relevant offenses, HR will notify the hiring department by email that the individual is clear to hire. Contact Records and Onboarding (email) immediately if you receive notice that the applicant is clear for hire, but the applicant has disclosed offenses which you believe should be considered relevant.
If HR determines that there are relevant offenses, a Records and Onboarding representative will contact the appropriate representative of the hiring department to discuss the non-hire decision.
Hiring Department Review
The hiring department should review any criminal history information that the applicant has disclosed and consider whether any offenses are relevant to the job duties of the position. This step is important whether Human Resources indicates the person is clear to hire or not recommended for hire. The hiring department has a fuller understanding of the job duties of the position and may therefore be more capable to determine the relevance of a certain offense. In addition, through its contact with the finalist, the hiring department may know of mitigating or extenuating circumstances.
Contact your Strategic Workforce Solutions partner if you have questions or need assistance with determining relevance to job duties.
Notice to Applicant
Once it has been determined that the applicant has offenses which are relevant to the position, Records and Onboarding will notify the applicant in writing. The notice gives the applicant an opportunity to correct errors in the criminal history record or provide additional information. The applicant has up to five business days from the date of the letter to provide additional information.
Recruiting Hold
The hiring department is asked not to offer the position to another finalist until the five day period has expired. You will be notified immediately if the applicant indicates that he or she will not request a review. You may be able to proceed with the hiring process sooner than five days, if a review decision has been made or if the applicant indicates that there is no need for review.
While this is clearly an inconvenience to the hiring department, the applicant must be given an opportunity to provide correction or additional information. Once received, the applicant may be considered for the position if the criminal history information was incorrect or not relevant.
Rescinding an Offer of Employment
The finalist should not begin work before the background check results are received. It is recommended that you wait for the results of all required background check(s) before making an offer of employment. If you do make the offer, it is important to be clear that the offer is contingent upon the results of the background check. If the person has already started work when you receive a non-hire recommendation from HR, please contact your Strategic Workforce Solutions partner immediately.