What do decisions about a criminal background check ultimately mean? For potential employers, the information contained in the provisions can have a significant impact on hiring decisions. If a report shows that a candidate has a harsh conviction – or even multiple convictions – the perceived risk of hiring can increase significantly. In addition, the outcome of a “pending decision” could impact a candidate`s ability to do a job in the future. A criminal background review will also uncover all ongoing cases. Keep in mind that the injunction in a pending case changes if the person is found guilty or acquitted in the future and a final injunction is made. The same applies to conditional sentences or deferred sentences. For example, if the person does not comply with the terms of their probation or treatment program, they may be sentenced in the future. Working with an accredited job test provider like GoodHire can help you access comprehensive criminal history information relevant to the position you`re hiring for, including past or current injunctions and judgments. When reviewing the criminal history of a candidate you are considering for a job, the decisions give you insight into convictions, non-convictions, and ongoing cases that may be relevant to the position.
Here are some common terms you might come across when reviewing decisions, as well as their meaning: Conviction is the legal consequence of a conviction. To understand the difference between disposition and conviction, consider disposition as an indication of a crime (or lack thereof) and condemnation as punishment. Conviction does not apply to all injunctions: if a case is acquitted or dismissed — and the person is not convicted — the conviction clearly applies. The disposition in a criminal record is the current state or end result of an arrest or prosecution. The joint provisions are as follows: The term “disposition” has two different legal meanings: DISPOSITION, French droit. This word has several acceptances; sometimes this means the effective signs of a person`s will; and on the other hand, the instrument containing these signs. 2. The provisions of man put an end to the provisions of the law; For example, if a man bequeaths his property, his disposition of it paralyzes the legal disposition, if he would have died without a will.
It is important to note that criminal records and related decisions can only appear for a limited period of time in a candidate`s report in order to conduct criminal background checks. While in some states crimes and misdemeanours may continue to appear permanently in a person`s file, other states limit this reporting to seven years for crimes and five or seven years for misdemeanours. Violations are limited to seven years under federal law. Depending on the type of searches ordered, a criminal history report may include results from national, state, state, and regional databases. Charges dismissed: A prosecutor or judge dropped the charges against the person – the case did not progress. Source: Merriam-Webster`s Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license by Merriam-Webster, Incorporated.
By making decisions based on accurate and up-to-date information about a candidate`s criminal history, you can minimize risk and ensure a safer workplace for your company`s employees and customers. GoodHire`s criminal background checks show convictions, misdemeanors, active warrants and violations, as well as appearances in sex offender files. Acquitted: The person was found not guilty. What is the difference between acquittal and not guilty, the terms “acquitted” and “not guilty” are often used interchangeably. Being found “not guilty” is not a finding of innocence. A person can be found “not guilty” because there was not enough evidence to convict. An acquittal can also occur if a judge or court of appeal decides that there is not enough evidence to go to court. *NOTE: “Closed” is not a valid decision, as each case comes to a conclusion, regardless of the decision. To help employers comply with Equal Employment Opportunity Commission (EEOC) guidelines and state laws that restrict the use of arrest records when reviewing employment, some background check providers, including GoodHire, do not report non-convictions based on background check results.
(However, GoodHire reports pending cases and convictions that are considered reportable under federal and state laws to ensure employers are aware of the applicant`s criminal record.) act of dismissal; Transfer to the care or possession of another. Farewell, alienation or renunciation of ownership. The final settlement of a case and, with respect to decisions promulgated by a court, the decision of a judge are commonly referred to as a decision, regardless of the amount of the resolution. In criminal proceedings, conviction or any other final settlement of criminal proceedings. In terms of mental state, an attitude means a predominant tendency or inclination. As you can see, these terms do not necessarily reveal whether the person in question pleaded guilty or not guilty in court – just the end result of the case. Deferred decision or diversion: A court postponed the verdict, usually as part of a settlement, to give the defendant the ability to meet requirements such as drug and alcohol treatment, probation or community service so that his case could be reconsidered and eventually dismissed. It is a common misconception that non-conviction means that a person does not have a criminal record in their background check report. A non-conviction relating to a criminal matter in court always leads to a criminal record and may appear on a background check for up to seven years; However, it is important to understand the decision or the outcome of the interaction with the court.
If you`re wondering, what does the court order mean? And what does the disposition of the crime mean? These are other disposition terms that can be used in a background check, but have a similar meaning. Injunctions always refer to a specific crime. For example, one person may be charged with three crimes in the same criminal case, and two of them are released and the other is a conviction. Pending: The case against this person is still ongoing. They are still being investigated or prosecuted. Here`s a more in-depth look at what disposition and conviction mean, how they might affect your background check process, and how you can make informed decisions while respecting labor laws. Conditional sentence: The person`s conviction was delayed, often because they were offered the opportunity to complete probation, community service or treatment program. As can be seen from a criminal history review, the information on the conviction may not be clear at first glance. In some cases, a report will clearly indicate the date and duration of the sentence.
In other cases, you may not see the specified rate. However, if you use the decision date, you should be able to review a candidate`s incarceration history and align the verdict with the decision and the offence. Understanding the information discovered during a criminal history review can be crucial for hiring managers. This allows you to make informed decisions about the people you hire to minimize risk, protect your assets and employees, and protect your company`s reputation. No charges were laid: The person was charged or arrested for a crime, but a prosecutor decided he would not pursue a case. Hiring practices should be consistent and non-discriminatory and should be clearly described in your company`s hiring policy. The EEOC guidelines propose to defer background checks and dataset investigations until after a conditional offer of employment. The EEOC also offers the following guidelines – sometimes referred to as “green factors”, after green vs. Missouri Pacific Railroad – to guide your review of a candidate`s criminal history: Verdict overturned: A guilty plea or guilty verdict has been overturned. When a sentence is overturned, the guilty verdict is removed as if the person had never been convicted of the crime. Since a candidate`s criminal past is sensitive information, it`s important to understand how to read a background check and handle the process carefully.
To conduct a criminal background check, the Fair Credit Reporting Act (FCRA) requires employers to obtain the candidate`s written consent and follow the process of adverse measures if they decide to reject a candidate based on the results of information found during a background check. During a criminal background check of potential employees, you may come across terms that are not part of your usual vocabulary. Is there a difference between acquittal and not guilty? What do the words “disposition” and “condemnation” mean? What other disposition terms are important to know? Convicted: The person has been convicted or pleaded guilty. n. the final decision of the court on a complaint or criminal complaint. In the simplest sense, an injunction is the final decision of a court in a criminal complaint. In the case of a criminal history report, the decision may relate to the current state of an arrest or the final outcome of an interaction with the court in a criminal case. For example, was the person tried and convicted, not guilty, or was the case dismissed? .