Sooner or later the time will probably come that you have
to undergo a background check. To most people, the prospect
of subjecting yourself to scrutiny by an unknown
organization is little cause for concern. For others,
however it can be an agonizing ordeal that could affect
their livelihood and the future course of their lives. So
if you're one of those people who is anxious about the fact
that you will have to undergo a background check as a
prerequisite to being hired at the job of your choice; what
do you do? How should you approach the subject?
RULE # 1: PLAN AHEAD. If you have a criminal record that
you think may prevent you from getting the job you want
look into having the record expunged. When a local court
expunges a record it is just like it never happened. It
should not show up again on your criminal record. HOWEVER,
it is possible that it will show up in a statewide or NCIC
(FBI) check because the records are already in that system
and it may be a while before they are purged. Do a Google
search on 'criminal records expungement' and you will find
a wealth of information including firms that will do it for
you and ones that will provide all the paperwork so that
you can do it yourself and save money. Note that this is
not a quick fix. The process could take a while. Do a
preemptive background check on yourself if needed. Go down
to the court clerk's office and ask to get a copy of your
criminal record in that county. This is something that you
should address before you start sending out
résumés.
If your problem is a poor performance record at a previous
job try to make it right with the previous employer. Just
about everyone has had a boss that they did not get along
with for whatever reason. You know that if this person is
contacted by a prospective employer that he/she will paint
a picture of you as an inept idiot. One suggestion is to
swallow your pride and admit your problems and try to
convince them that you have changed so that if he is called
on for a reference you at least have a shot at a positive
response. Have a friend call your previous employer and
find out what they are saying about you when asked about
your competency, character or performance. Be preemptive
in your résumé. Address the problem where you can
describe it on your own terms.
Try volunteering to help charities with your particular
skill. A positive reference goes a long way to balancing
out a negative one.
RULE # 2: TELL THE TRUTH. Let's say that you had a "minor
indiscretion" on your record such as shoplifting. If your
job application asks if you've ever been convicted of a
crime you should tell the truth and answer correctly. If
you don't, and you are found out, in the mind of the Human
Resources person you are not only a thief, but a liar as
well. It is much better for you to tell them than for them
to find out about your record later. You may want to
rehearse this with someone before you are interviewed. Be
prepared to tell them why the 'incident' happened and how
you learned from that experience and how you are a changed
person now.
Also, you should know that background checkers are people
too. When a person at a background checking company is
working on your file and they find out that you did not
tell the truth about your criminal or job history, they are
going to approach the rest of your report with a higher
degree of skepticism. That's just human nature. Your
report then tends gets reexamined with a fine tooth comb.
RULE # 3: ANSWER QUESTIONS AS THEY ARE ASKED. Don't
volunteer any information that is not asked for. Example:
if the questionnaire asks you if you have been convicted of
a crime in the last 7 years and your conviction was 7 years
and one week ago, you answer "No." If the question asks
you if you have ever been convicted of a felony, don't
volunteer any information about a misdemeanor. Be prepared
for these questions in an interview and on an application.
If at all possible have an application e-mailed to you so
that you can fill it out at your leisure.
RULE # 4: LEARN WHAT YOUR RIGHTS AND OPTIONS ARE. Law
books are full of the rights of individuals and nowhere is
this more true than in the employment arena. Again, do your
homework. Learn what recourse you have if a potential
employer denies you employment based on a negative
background check finding. For instance, did you know that
you have the right to actually see the background check
report and to challenge its findings if they are incorrect?
Nothing in that report should come as a surprise to you.
You know where you worked, where you went to school what
degrees and accolades you earned.
Conversely, you need to be aware of the rights of the
employer to know about your past. For example most people
believe that there are certain questions that an employer
cannot ask of a previous employer. THAT IS SIMPLY NOT
TRUE. It's one of those urban legends that people think is
true. A previous employer may refuse to answer the
question, but a prospective employer can ask anything they
want to.
I could write a whole article just on this question of what
can be asked. Let me explain it simply. And employer can
ask any question about your competency, character, work
habits, attitude, etc. Most employers stopped answering
those kinds of questions years ago, but that doesn't mean
they can't be asked. In fact, a smart background checker
will get those questions answered in some form even though
a person has been instructed not to answer those type of
questions. I always say that those 'rules' were started by
lazy attorneys (you know, the ones who get paid the same if
they work or not). They tell people at their company not
to answer those questions because they don't want a
potential lawsuit from an ex-employee. Well, what has
happened is that more aggressive attorneys on the other
side of the issue started suing companies that refused to
give negative (but true) information on a previous
employee, believing that by not answering a direct question
they have, in fact, shifted liability to themselves.
Another myth that virtually everyone believes is that an
employer cannot ask your date of birth. NOT TRUE. They
cannot discriminate based on your age (for that reason many
don't ask) but it is usually required for a criminal
history report. Any employer that believes that date of
birth cannot be asked probably also believes that their
interviewer needs to be blindfolded so that, God forbid, he
can't tell a person's sex or race.
We always suggest that a previous employer tell
DOCUMENTABLE TRUTH. Example: If I ask a previous employer
if there is anything that they can tell me about an
applicant's competency or character and they answer by
saying, "He was a real bum. He was always late for work
and didn't care about his job." That could get them sued,
but if they answer with documentable truth such as, "We
have a policy here that if you are late three times you are
written-up. He was written-up three times in two years."
That can be documented.
What do you do if you have a major negative on your record
such as a felony conviction for embezzlement and you are
looking for work as an accountant? One suggestion is that
you look into having yourself bonded at your own expense.
That takes away the risk from the employer. It may be
somewhat expensive for you, but that may be what it takes
for you to work in your chosen profession.
In summary, plan ahead, do your homework and know and
understand your rights and the rights of your prospective
employer.
----------------------------------------------------
Kit Fremin is the owner and founder of Background Check
International. Since 1994 BCI has served clients a varied
as: the LA Times, Department of Defense, Mars, Inc., the
UN, the NTSB and Calvary Chapels nationwide. His website
is: http://www.bcint.com and he can be e-mailed at
kit@bcint.com.
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