Sample Criminal Background Check Policy

The Company may conduct criminal record checks as part of the application or licensing process. This search may include appropriate court records relating to the applicant’s county of residence for evidence of felony and/or misdemeanor convictions and potentially searches of the Massachusetts criminal offender record information (CORI) database, and/or other state-by-state or national criminal databases followed by verifying county searches. Where a criminal record check is part of a general background check for employment, volunteer work, or licensing purposes, the following practices and procedures will generally be followed.

  1. Criminal record checks will be conducted in accordance with applicable law. Applicants or employees will will be asked to complete a Disclosure and Authorization form in accordance with the Fair Credit Reporting Act (FCRA) and/or CORI request form authorizing the Company to conduct a criminal record search.
  2. Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant or employee.
  3. If a criminal record is received, the authorized individual will closely compare the record provided with the information on the Disclosure and Authorization Form or CORI request form, Other personal identifiers supplied by applicant and potential employees can be referenced to insure accuracy of report.
  4. In event adverse action to be taken on a criminal background check, the applicant or employee will be provided with a copy of the criminal record, the Company's criminal background policy, and the FCRA Summary of Rights, and will be advised of the part(s) of the record that make the individual unsuitable for the position or license, Applicant or employee affected will always be given the opportunity to dispute the report.
  5. Applicants or employees challenging the accuracy of a criminal record shall be provided a copy of DCJIS’ Information Concerning the Process in Correcting a Criminal Record. The Company will make a determination based on a comparison of the criminal record and documents provided by the applicant or employee. make a determination based on a comparison of the criminal record and documents provided by the applicant or employee.
  6. If the Company reasonably believes the record belongs to the applicant and is accurate, then the Company will determine the applicant or employee’s suitability based on:
    1. Relevance of the crime to the position sought
    2. nature of the work to be performed
    3. Time since the conviction
    4. Age of the candidate at the time of the offense;
    5. Seriousness and specific circumstances of the offense
    6. The number of offenses
    7. Whether the applicant has pending charges
    8. Any relevant evidence of rehabilitation or lack thereof

Notification of findings and decision to be completed in timely fashion. All findings and information to be considered confidential and handles accordingly.

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