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Date: April 29, 2024 Mon
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Results for criminal background checks
12 results foundAuthor: Rodriguez, Michelle Natividad Title: 65 Million Need Not Apply: The Case for Reforming Criminal Background Checks for Employment Summary: In recent years, the criminal background check industry has grown exponentially. Particularly in the wake of 9/11, the ready availability of inexpensive commercial background checks has made them a popular employee screening tool. In one survey, more than 90 percent of companies reported using criminal background checks for their hiring decisions. At the same time that the background check industry has expanded, the share of the U.S. population with criminal records has soared to over one in four adults. In the right situations, criminal background checks promote safety and security at the workplace. However, imposing a background check that denies any type of employment for people with criminal records is not only unreasonable, but it can also be illegal under civil rights laws. Employers that adopt these and other blanket exclusions fail to take into account critical information, including the nature of an offense, the age of the offense, or even its relationship to the job. Yet, as this report documents, based on a survey of online job ads posted on Craigslist, major companies as well as smaller employers routinely deny people with criminal records any opportunity to establish their job qualifications. For any number of entry-level jobs, ranging from warehouse workers to delivery drivers to sales clerks, employers and staffing agencies post these and other job ads that unambiguously close the doors on applicants with criminal records. Across the nation there is a consistent theme: people with criminal records “need not apply” for available jobs. Combine today’s tight job market, the upsurge in background checks, and the growing number of people with criminal records, and the results are untenable. In the end, workers are not the only ones who suffer. Employers are also disadvantaged as blanket hiring restrictions undermine the integrity of criminal background checks and artificially limit the employers’ pool of qualified candidates. While this report explores the exclusion of people with criminal records from work, which severely impacts communities of color, it also reveals a promising shift in policy and practice. Indeed, this is an opportune moment to capitalize on a recent wave of impact litigation and model state and local reforms to develop fairer and more accurate criminal background checks for employment. Details: New York: National Employment Law Project, 2011. 36p. Source: Internet Resource: Accessed April 18, 2011 at: http://www.nelp.org/page/-/65_Million_Need_Not_Apply.pdf?nocdn=1 Year: 2011 Country: United States URL: http://www.nelp.org/page/-/65_Million_Need_Not_Apply.pdf?nocdn=1 Shelf Number: 121375 Keywords: Criminal Background ChecksEx-Offender Employment |
Author: Frandsen, Ronald J. Title: Enforcement of the Brady Act, 2009: Federal and State Investigations and Prosecutions of Firearm Applicants Denied by a NICS Check in 2009 Summary: The Brady Handgun Violence Prevention Act (Brady Act) requires criminal history background checks by the Federal Bureau of Investigation (FBI) and state agencies on persons who attempt to purchase a firearm from a licensed dealer. In 2009, the FBI and state agencies denied a firearm to nearly 133,000 persons due to National Instant Criminal Background Check System (NICS) records of felonies, domestic violence offenses, and other prohibiting factors. Enforcement of the Brady Act, 2009 reports on investigations and prosecutions of persons who were denied a firearm in 2009. The report describes how the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) screens denied-person cases and retrieves firearms that were obtained illegally. Statistics presented include charges most often filed against denied persons by United States Attorneys and results of prosecutions. Investigation statistics from two states are also presented. Key statistics are compared for the years 2009 and 2008. Statistical highlights are presented in the body of the report and complete details are included in an Appendix. Details: St. Louis, MO: Regional Justice Information Service, 2011. 16p. Source: Internet Resource: Accessed April 21, 2011 at: Year: 2011 Country: United States URL: Shelf Number: 121470 Keywords: Brady ActCriminal Background ChecksGun ControlIllegal Weapons |
Author: U.S. Department of Health and Human Services. Office of Inspector General Title: Nursing Facilities' Employment of Individuals with Criminal Convictions Summary: Federal regulation prohibits Medicare and Medicaid nursing facilities from employing individuals found guilty of abusing, neglecting, or mistreating residents by a court of law, or who have had a finding entered into the State nurse aide registry concerning abuse, neglect, or mistreatment of residents or misappropriation of their property. Interpretive guidelines from the Centers for Medicare & Medicaid Services (CMS) for this regulation state that “[nursing] facilities must be thorough in their investigations of the past histories of individuals they are considering hiring.” However, Federal law does not require that nursing facilities conduct State or Federal Bureau of Investigation (FBI) criminal background checks. State background check requirements vary in terms of what must be checked (e.g., statewide criminal history databases, publically available sex offender registries) and who must be checked (e.g., direct-care workers only, all staff). We selected a stratified random sample of 260 nursing facilities from the universe of 15,728 Medicare-certified nursing facilities and requested data on all individuals who were employed by the sampled nursing facilities on June 1, 2009. To gain access to criminal history record information, we entered into an Information Transfer Agreement with FBI. We compared employee data with the criminal history records FBI provided to identify individuals with criminal convictions employed by the sampled nursing facilities. Consistent with the congressional request and objective of this evaluation, we used FBI data to determine whether individuals employed by nursing facilities had criminal convictions. FINDINGS Almost all nursing facilities employed one or more individuals with at least one criminal conviction. Our analysis of FBI-maintained criminal history records revealed that 92 percent of nursing facilities employed at least one individual with at least one criminal conviction. Nearly half of nursing facilities employed five or more individuals with at least one conviction. Forty-four percent of employees with convictions were convicted of crimes against property (e.g., burglary, shoplifting, writing bad checks), making it the most common type of crime committed. Overall, 5 percent of nursing facility employees had at least one conviction in FBI-maintained criminal history records. Most convictions occurred prior to employment. Eighty-four percent of employees with convictions had their most recent conviction prior to their beginning date of employment. Despite the lack of a Federal requirement for nursing facilities to conduct criminal background checks, most States required, and/or nursing facilities reported conducting, some type of background check. Forty-three States required nursing facilities to conduct either an FBI or a statewide criminal background check for prospective employees. Some nursing facilities located in the remaining eight States reported conducting criminal background checks even though they were not required to do so. All but 2 percent of nursing facilities reported conducting some type of background check. RECOMMENDATION After completion of our data collection, the Patient Protection and Affordable Care Act (P.L. 111-148) became Federal law. It requires the Secretary of Health & Human Services (HHS) to carry out a nationwide program for States to conduct national and statewide criminal background checks for direct patient access employees of nursing facilities and other providers. States may participate in this National Background Check Program by entering into agreements with the Secretary. In light of our findings and in carrying out the mandate for HHS to implement the nationwide criminal background check program, we recommend that CMS: Develop background check procedures. To ensure that States conduct background checks consistently, CMS should (1) clearly define the employee classifications that are direct patient access employees and (2) work with participating States to develop a list of State and local convictions that disqualify an individual from nursing facility employment under the Federal regulation and periods for which each conviction bars the individual from employment. Details: Washington, DC: U.S. Department of Health and Human Services, Office of Inspector General, 2011. 33p. Source: Internet Resource: OEI-07-09-00110: Accessed April 27, 2011 at: http://oig.hhs.gov/oei/reports/oei-07-09-00110.pdf Year: 2011 Country: United States URL: http://oig.hhs.gov/oei/reports/oei-07-09-00110.pdf Shelf Number: 121509 Keywords: Criminal Background ChecksElder AbuseNursing Homes |
Author: Frandsen, Ronald J. Title: Enforcement of the Brady Act, 2010: Federal and State Investigations and Prosecutions of Firearm Applications Denied by a NICS Check in 2010 Summary: The Brady Handgun Violence Prevention Act (Brady Act) requires criminal history background checks by the Federal Bureau of Investigation (FBI) and state agencies on persons who attempt to purchase a firearm from a licensed dealer. In 2010, the FBI and state agencies denied a firearm to nearly 153,000 persons due to National Instant Criminal Background Check System (NICS) records of felonies, domestic violence offenses, and other prohibiting factors. Enforcement of the Brady Act, 2010 reports on investigations and prosecutions of persons who were denied a firearm in 2010. The report describes how the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) screens denied-person cases and retrieves firearms that were obtained illegally. Statistics presented include charges most often filed against denied persons by United States Attorneys and results of prosecutions. Investigation statistics from two states are also presented. Key statistics are compared for the five-year period from 2006 to 2010. Statistical highlights are presented in the body of the report and complete details are included in an Appendix. Details: St. Louis, MO: Regional Justice Information Service, 2012. 18p. Source: Internet Resource: Accessed October 8, 2012 at https://www.ncjrs.gov/pdffiles1/bjs/grants/239272.pdf Year: 2012 Country: United States URL: https://www.ncjrs.gov/pdffiles1/bjs/grants/239272.pdf Shelf Number: 126647 Keywords: Brady ActCrime StatisticsCriminal Background ChecksGun ControlIllegal Weapons |
Author: Neighly, Madeline Title: Wanted: Accurate FBI Background Checks for Employment. Reward: Good Jobs Summary: At a time when millions of America's workers continue to struggle to find work in the aftermath of the Great Recession, many face an additional barrier-faulty records released by the FBI for use in employment and licensing decisions. Although considered the gold standard of criminal background checks, the FBI records routinely fail to report important information on the outcome of arrests, information that is often beneficial to workers subject to these reports. Given the massive proliferation of FBI background checks for employment-roughly 17 million were conducted last year-these inaccuracies have a devastating impact on workers, especially workers of color who are disproportionately impacted by the criminal justice system. There is a solution to this problem that would immediately result in less job-loss and financial hardship: the FBI must ensure that records are accurate and complete prior to being released for employment and licensing decisions. Key Findings of this report: - The use of FBI background checks for employment is rapidly increasing. Roughly 17 million FBI background checks were conducted for employment and licensing purposes in 2012, which is six times the number conducted a decade ago. - Despite clear federal mandates that require the background reports to be complete and accurate, 50 percent of the FBI's records fail to include information on the final disposition of the case. The missing information is frequently beneficial to job seekers. For example, one third of felony arrests do not result in conviction and many others are reduced to misdemeanors. - NELP estimates that 1.8 million workers a year are subject to FBI background checks that include faulty or incomplete information, and 600,000 of those workers may be prejudiced in their job search when the FBI reports do not include up-to-date and accurate information that would benefit them. - African Americans are especially disadvantaged by the faulty records because people of color are consistently arrested at rates greater than their representation in the general population, and large numbers of those arrests never lead to conviction. For example, African Americans were more than four times as likely as whites to appeal an inaccurate FBI record under the federal port worker security clearance program. - In conspicuous contrast to background checks for employment, the FBI searches for missing disposition information when a person seeks to purchase a gun, and the extra effort tracks down nearly two thirds of the missing information in just three days. Details: New York: National Employment Law Project, 2013. 51p. Source: Internet Resource: Accessed August 19, 2013 at: http://www.nelp.org/page/-/SCLP/2013/Report-Wanted-Accurate-FBI-Background-Checks-Employment.pdf?nocdn=1 Year: 2013 Country: United States URL: http://www.nelp.org/page/-/SCLP/2013/Report-Wanted-Accurate-FBI-Background-Checks-Employment.pdf?nocdn=1 Shelf Number: 129652 Keywords: Criminal Background ChecksCriminal RecordsEx-Offender Employment (U.S.)FBIFederal Bureau of Investigation |
Author: DeBacco, Dennis Title: State Progress in Record Reporting for Firearm-Related Background Checks: Fugitives from Justice Summary: Under the Brady Handgun Violence Prevention Act of 1993 (Brady Act), being a fugitive from justice prohibits a person from possessing or purchasing firearms. The Code of Federal Regulations defines a "fugitive from justice" as any person who has fled from any state to avoid prosecution for a felony or a misdemeanor; or any person who leaves the state to avoid giving testimony in any criminal proceeding. The term also includes any person who knows that misdemeanor or felony charges are pending against such person and who leaves the state of prosecution. Following passage of the Brady Act, the Department of Justice provided guidance for applying this prohibition. Accordingly, individuals with qualifying or prohibiting outstanding warrants in any state or federal database searched as a part of a firearms background check are ineligible to receive firearms from Federal Firearms Licensees (FFLs). As noted in this guidance, the FBI’s Criminal Justice Information Services (CJIS) Division's National Instant Criminal Background Check System (NICS) Section is not an adjudicative agency. Rather, it is tasked with making immediate administrative determinations about proposed firearm transfers in circumstances that do not permit the in-depth research necessary to determine whether the proposed transferee has fled a state. In order to meaningfully implement the Congressional mandate, the NICS Section relies on valid criminal warrants found in its supporting databases as a prima facie basis to apply a fugitive from justice prohibitor. When a firearm transfer request is submitted to the NICS Section, NICS queries its supporting databases. If the transferee's identification information matches a warrant record, the NICS Section does further research to confirm that the warrant is still active and that it is for either a criminal felony or non-traffic misdemeanor. If both these conditions are met, then NICS denies the transaction. Details: Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics, 2017. 13p. Source: Internet Resource: Accessed February 16, 2017 at: https://www.ncjrs.gov/pdffiles1/bjs/grants/250533.pdf Year: 2017 Country: United States URL: https://www.ncjrs.gov/pdffiles1/bjs/grants/250533.pdf Shelf Number: 146981 Keywords: Criminal Background ChecksFugitivesGun Control policy |
Author: Duane, Marina Title: Criminal Background Checks: Impact on Employment and Recidivism Summary: Criminal background checks continue to be a routine practice among many employers in the United States. According to a recent survey, almost 60 percent of employers screen job applicants for their criminal histories. Despite their prevalence, criminal background checks often generate flawed or incomplete reports, with some reports failing to include conviction information. Such flaws may undermine the value of the screenings to employers and prevent suitable candidates who pose no additional risk to the public from securing a job. This report examines criminal background checks as a significant collateral consequence for justice-involved people and explores the importance of employment to reducing recidivism. Details: Washington, DC: Urban Institute, Justice Policy Center, 2017. 26p. Source: Internet Resource: Accessed March 4, 2017 at: http://www.urban.org/sites/default/files/publication/88621/2017.03.01_criminal_background_checks_report_finalized.pdf Year: 2017 Country: United States URL: http://www.urban.org/sites/default/files/publication/88621/2017.03.01_criminal_background_checks_report_finalized.pdf Shelf Number: 141332 Keywords: Criminal Background ChecksCriminal RecordsEmploymentEx-Offender EmploymentRecidivism |
Author: Stewart, Peter A. Title: Middle Ground on Gun Control Summary: Each tragic shooting incident that the American news media covers highlights the problem of gun violence in the United States. However, the focus of this reporting is rarely on the largest component of total gun deaths: suicides. Suicides make up two-thirds of all gun deaths. Limiting access to firearms for individuals with suicidal tendencies could cause a significant reduction in the total number of casualties included in gun violence statics. This thesis examines the efficacy of adding more mental health information to the FBI's database of persons who are prohibited from gun purchases, and also compares U.S. gun laws to the National Firearms Agreement in Australia, which is widely accepted as an effective gun control measure. This research finds that mental health information on clinical depression and schizophrenia can be a strong predictor of suicidal tendencies, and reporting of this information could be improved in order to reduce overall gun violence. Improved mental health reporting must be a matter of federal law, because current state laws on guns vary widely and have limited effectiveness Details: Monterey, CA: Naval Postgraduate School, 2016. 83p. Source: Internet Resource: Thesis: Accessed March 4, 2017 at: https://www.hsdl.org/?abstract&did=798872 Year: 2016 Country: United States URL: https://www.hsdl.org/?abstract&did=798872 Shelf Number: 141333 Keywords: Background ChecksCriminal Background ChecksGun ControlGun Control PolicyGun ViolenceGun-Related ViolenceMental Health |
Author: Shoag, Daniel Title: No Woman No Crime: Ban the Box, Employment, and Upskilling Summary: A sizable number of localities have in recent years limited the use of criminal background checks in hiring decisions, or "banned the box." Using LEHD Origin-Destination Employment and American Community Survey data, we show that these bans increased employment of residents in high-crime neighborhoods by as much as 4%. These increases are particularly large in the public sector. At the same time, we establish using job postings data that employers respond to ban-the-box measures by raising experience requirements. A perhaps unintended consequence of this is that women, who are less likely to be convicted of crimes, see their employment opportunities reduced. Details: Cambridge, MA: Harvard Kennedy School, 2016. 38p. Source: Internet Resource: HKS Working Paper No. 16-015: Accessed May 10, 2017 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2782599 Year: 2016 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2782599 Shelf Number: 150550 Keywords: Ban the BoxCriminal Background ChecksCriminal ConvictionsEx-Offender EmploymentEx-Offenders |
Author: Saliba, Antoinette Mary Title: Beyond the Prison Walls: the role of a criminal record check in balancing risk management and reintegration through employment Summary: The role of rehabilitating ex-offenders has traditionally been understood as belonging firmly within the administration of corrections and as such governed by the state. This thesis is undertaken within the area of criminal justice studies and examines what happens beyond the realms of corrections, through the utilisation of the criminal record, specifically in relation to employment. It brings into focus the reintegration of ex-offenders into the community and the impact of their criminal record on their reception by non-government institutions, employers and the community. To this end, this thesis uses theories of governmentality and the discourse of failure as outlined by Michel Foucault. These theories are applied to the analyses of the governing of ex-offenders by non-government organisations, institutions and employers within society. Furthermore, a Foucauldian genealogical approach is taken in relation to the disjointed and, at some stages, simultaneous development of facets of the criminal record within Victoria. Quantitative and qualitative Victorian data are considered in relation to the construction and development of the criminal record. This approach is utilised to gain a purchase on the particular ways in which the criminal record is constructed and used by prospective employers as a form of risk assessment for the possible future behaviour of ex-offenders. This form of risk assessment used by prospective employers will be considered against the forms of risk assessments performed by Corrections in relation to reoffending. Specifically, an in-depth analysis will be undertaken of the Victorian Intervention Screening Assessment Tool (VISAT), to illustrate how risk assessment tools have a tendency to reduce an immense level of information into simplistic and predetermined formats. Furthermore, the growing practice of criminal record checks will be analysed for its impact on the employment options of ex-offenders. This will be presented through a critical analysis of various forms of data, including employment advertisements, employment statistics of offenders and future industry indications. Through this multi-dimensional analysis of texts relating to criminal records and Corrections data, this thesis examines the role played by non-government institutions as distinct from the role of Government itself in thwarting stated aims of rehabilitation. Finally, recommendations will be made which are aimed at improving this problematic condition. The research findings support the conclusions that the criminal record is a complex, multifaceted inscription and as such, its reduction to a simplistic predetermined form - the National Police Certificate - makes it an inappropriate risk assessment tool for prospective employers. Furthermore, this research has found that the way the criminal record is used significantly impacts on the reintegration of ex-offenders. It is argued that the inability of ex-offenders to become gainfully employed and regain full active citizenship, subsequent to participation in rehabilitation programs and correctional intervention contributes to the high rate of recidivism. It is therefore concluded that society has a critical role to play in the successful reintegration of ex-offenders and the lowering of recidivism rates. Details: Melbourne: RMIT University, 2012. 264p. Source: Internet Resource: Dissertation: Accessed May 17, 2017 at: https://researchbank.rmit.edu.au/eserv/rmit:160273/Saliba.pdf Year: 2012 Country: Australia URL: https://researchbank.rmit.edu.au/eserv/rmit:160273/Saliba.pdf Shelf Number: 131275 Keywords: Criminal Background ChecksCriminal RecordEx-Offender EmploymentOffender ReentryOffender Rehabilitation |
Author: Weisser, Michael Title: Where are all the Guns? Summary: A detailed analysis of background check data correlated with gun-violence rates and gun laws for all 50 states. Paper shows that gun-violence rates may correlate more positively with gun ownership rates than with the strength of gun regulations. Paper also covers relevant bibliography. Details: Unpublished paper, 2018. 16p. Source: Internet Resource: Accessed May 9, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3167983 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3167983 Shelf Number: 150124 Keywords: Crime RatesCriminal Background ChecksGun PolicyGun ViolenceGun-Related ViolenceHomicidesRight to CarryViolent Crime |
Author: Hartstein, Barry A. Title: Update on Criminal Background Checks: Impact of EEOC v. Freeman and Ongoing Challenges in a Continuously Changing Legal Environment Summary: The latest chapter in the ongoing saga of employment-related criminal background checks in the United States has been written, and one of the authors had some particularly strong words for the Equal Employment Opportunity Commission. On February 20, 2015, in Equal Employment Opportunity Commission v. Freeman, the U.S. Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the employer in a case involving a challenge to the employer's use of criminal background and credit history checks in the hiring process. The EEOC had alleged that the criminal checks had a disparate impact on African American and male applicants, and that the credit checks had a disparate impact on African American job applicants. In a unanimous decision by a three judge panel, the Fourth Circuit affirmed the lower court's decision, which stemmed from the exclusion of the EEOC's expert reports, noting the "district court found a 'mind-boggling' number of errors and unexplained discrepancies." A separate concurring opinion was written to address what one judge referred to as "disappointing litigation conduct" by the EEOC, including continued reliance on an expert whose testimony was "fatally flawed in multiple respects," who previously had been used by the EEOC despite a "record of slipshod work, faulty analysis, and statistical sleight of hand." The concurring opinion further cautioned: "The EEOC must be constantly vigilant that it does not abuse the power conferred upon it by Congress, as its 'significant resources, authority, and discretion' will affect all 'those outside parties they investigate or sue' - The Commission's conduct in this case suggests that its exercise of vigilance has been lacking. It would serve the agency well in the future to reconsider how it might better discharge the responsibilities delegated to it or face the consequences for failing to do so." While the Fourth Circuit's decision in EEOC v. Freeman offers some comfort to employers, the bottom line is that this is a constantly evolving area of the law, and an employer's reliance on criminal history records in the hiring or employment process continues to present significant risk, especially for employers with high attrition for hourly workers. This is aptly illustrated by two additional large-scale lawsuits filed by the EEOC on June 11, 2013, which are being vigorously litigated and most likely will continue in litigation throughout 2015. Aside from Equal Employment Opportunity (EEO) issues, employers also continue to face additional legal hurdles based on various legislative developments at the state and even the local level (e.g., Seattle, Washington, and San Francisco, California), such as "ban the box" restrictions and related limits on the use of criminal history in hiring and employment decisions. Employers also have been battling against a massive surge in class action litigation under the Fair Credit Reporting Act (FCRA) based on gathering criminal history through third-party consumer reporting agencies when conducting background checks on applicants and/or employees. This Insight provides important takeaways for employers regarding this evolving area of the law, and to put those takeaways in context, highlights key portions of the EEOC's Criminal History Guidance; reviews in detail the Freeman case and lessons learned based on EEOC systemic charges and litigation that challenge an employer's use of criminal history in the employment process; summarizes the EEOC's additional pending litigation on the topic; and reviews another key federal appellate court decision discussing criminal history. Details: San Francisco, CA: Littler Mendelson, 2015. 10p. Source: Internet Resource: Accessed January 12, 2019 at: https://www.littler.com/update-criminal-background-checks-impact-eeoc-v-freeman-and-ongoing-challenges-continuously-changing Year: 2015 Country: United States URL: https://www.littler.com/files/press/pdf/2015_2_Insight_Update_Criminal_Background_Checks_Impact_EEOC_v_Freeman.pdf Shelf Number: 154088 Keywords: Ban the BoxCredit History ChecksCriminal Background ChecksCriminal History RecordsEmployersEmployment Background ChecksEqual Employment OpportunityEqual Employment Opportunity CommissionFair Credit Reporting ActFreeman |