Background checks help employers safeguard their reputations by creating safer, more secure work environments staffed by qualified employees. It is critical that employers take advantage of this protection and adopt best practices for how background checks are conducted.
The National Restaurant Association offers several resources to help employees learn about the background check process and what they should expect when they are seeking employment. This article addresses the various background check types and whether they can be done online, since there are professional services like The Island Now which specialize specifically in this area.
Background Check Types
There are three main types of background checks conducted on individuals seeking employment:
State Criminal Records Check This check is the most common and often the most cost effective. It is performed by the state or local agency which enforces the law, typically the law enforcement agency. The individual is required to sign a release that acknowledges the authority of the agency. This is known as an Individual Certification Release or ICR. In the event that a background check reveals a conviction of a felony, the employer may require the individual to obtain a criminal records check from the Federal Bureau of Investigation. This is known as an FBI Check.
State laws vary. If the employment has no direct or indirect control over the hiring decisions of an individual who has a conviction of a felony, then the individual must obtain the appropriate clearance from the FBI. (Employment with a federal agency, state or local government is considered direct control, whereas employment with an employment agency that is controlled by an employer is considered indirect control.) The individual is not a prohibited or prohibited from receiving a firearm under state law.
The Background Check
The FBI maintains a national instant criminal background check system for all firearms sales. If the individual has a firearm-related conviction or is prohibited from possessing a firearm, the FBI must perform a background check on the individual to ensure that the information provided by the individual is current and accurate. The Background Check Check System uses records maintained by state and local law enforcement agencies as well as federal law enforcement databases, including the National Crime Information Center (NCIC). The FBI’s criminal background check system includes the following criteria, as of January 1, 2008:
An individual who has been adjudicated a delinquent child for committing any of the following felonies, or who has been adjudicated a delinquent child for committing an act which, if committed by an adult, would constitute a crime punishable by imprisonment for a term exceeding 1 year, but is less than 10 years, is prohibited from purchasing or receiving a firearm.
An individual who has been convicted of a misdemeanor crime of domestic violence.
An individual who has been adjudicated a delinquent child for committing an act that would be a misdemeanor crime of domestic violence if committed by an adult, but is less than 10 years, is prohibited from purchasing or receiving a firearm. A person who is a mentally ill person or a person who is suffering from a mental disorder or disease. A person with a history of substance abuse and/or domestic violence. A person with a history of misdemeanor drug abuse. An individual who has been convicted of a crime of domestic violence within the preceding 10 years.
A police officer shall use reasonable and common caution to determine that a person is in danger. If the officer reasonably believes that a person poses such a danger, the officer shall, to the extent practicable, take such action as is necessary to avert the danger. In making a determination as to whether the person presents a danger, the officer shall not rely on any fact other than that person’s physical presence.