There is widespread interest in obtaining access to criminal
history record information from reliable sources for the purpose of
screening an individual's suitability for employment, licensing, or
placement in positions of trust. The interest is based on a desire
or perceived need to evaluate the risk of hiring or placing someone
with a criminal record in particular positions and is intended to
protect employees, customers, vulnerable persons, and business
assets. Employers and organisations are subject to potential
liability under negligent hiring doctrines if they fail to exercise
due diligence in determining whether an applicant has a criminal
history that is relevant to the responsibilities of a job and
determining whether placement of the individual in the position
would create an unreasonable risk to other employees or the public.
This book addresses to what extent states conduct FBI record checks
for selected employment sectors and face any challenges; states
have improved the completeness of records, and remaining challenges
that federal agencies can help mitigate; and private companies
conduct criminal record checks, the benefits those checks provide
to employers, and any related challenges.
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