If you’re a company or business owner, you know that running a background check on job applicants is critical to protecting your company. But what happens when an applicant has a criminal record?
If applicants disclose their criminal history on their application, employers are not allowed to use that information to discriminate against them.
However, if the employer runs a background check and discovers the criminal record, they may use it to deny the applicant the job.
This is where a waiver comes in. But what is a waiver, and how does it work? Read on to find out.
What Is a Waiver?
A waiver is a legal document that allows an employer to use an applicant’s criminal record in making a decision when hiring, even if the applicant has disclosed the information on their application.
Waivers are typically used in cases where the applicant has a criminal history unrelated to the job they are applying for.
For example, if a candidate has drug offenses but is applying for a job as a cashier, the employer may be able to use the waiver to deny them the job.
Waivers are not always easy to obtain. To get a waiver, the employer must show that there is a significant public interest in denying the applicant the job.
This can be difficult, especially if the applicant has a clean criminal record.
If you’re an employer considering using a waiver to deny an applicant a job, it’s important to speak with an attorney first.
There are many factors to consider when applying to obtain a waiver. An attorney can help you make sure you’re making the right decision for your company.
What Are the Requirements for Using a Waiver?
There are a few requirements that must be met in order for an employer to use a waiver.
First, the employer must have a clear and conspicuous written policy that includes a description of the circumstances under which a waiver may be used.
The policy must also contain a statement that an applicant’s or employee’s failure to provide a waiver may result in the individual not being considered for employment or being terminated from employment.
In addition, the employer must give the applicant or employee a written notice that:
- Describes the nature of the criminal history information that will be obtained through the background check
- Explains that the individual has the right to request a copy of their own criminal history record from the California Department of Justice
- Tells the individual that they may challenge the accuracy and completeness of their criminal history record by contacting the California Department of Justice
- Informs the individual that they will be required to sign a waiver if the employer wants to obtain their criminal history information
If the employee or applicant does not sign the waiver, the employer cannot obtain their criminal history information.
The Role of a Background Checking Service
Conducting an online background check on an employee or applicant can be a time-consuming and complicated process.
Luckily, there are companies that specialize in conducting background checks.
These companies, known as background checking services, can save you time and hassle by conducting the background check for you.
When choosing a background checking service, it’s important to choose one that is reputable and has experience conducting background checks.
You should also make sure that the service is familiar with California’s laws regarding criminal history information.
The Bottom Line
When it comes to hiring, it’s important to do your homework. Getting a waiver is just one way to make sure you’re making the best decision for your company.
If you have any questions about using a waiver or need help finding a reputable background checking service, contact an experienced employment attorney today.
People Also Ask For
How far back does a background check can go?
A background check can show ver old information. It can even go back to ten years if you have any bankruptcy information, criminal information, etc.
What factors can cause delay in background check report?
These factors can cause a background check report to get delayed:
- Weather delays
- Delay caused due to an outside party
- Incorrect information
- Varying federal/state regulations
- Inaccurate information
- Court Record Acces
Shefali Jain is a Content Writer & Editor at USWorkforce.org
After completing her graduation in hospitality, Shefali decided to follow her passion and started writing. Shefali has been writing for two years now and contributes to our website as a skilled editor and content writer with strong research skills. Writing product and service reviews, biographies, and book reviews are some of her key areas, among many others in which she specializes. In her time at the organization, she has written and edited content on a range of topics, including employment law, human resources, and business management.