The use of criminal background records have made headlines over the past few years during the last term of the Obama Administration. We have seen ban-the-box legislation sweep across the country making it only possible for employers to conduct criminal background checks only when an initial offer of employment is made. We have seen the Equal Employment Opportunity Commission (EEOC) get aggressive with multiple lawsuits against discriminatory practices during the hiring process. They also released a guidance as to the fair, lawful and legal use of criminal records as part of the employment screening process. All this and putting forth considerable effort trying to reform the criminal justice system.
We have seen recreational marijuana use become legal in many States. Marijuana use in these States went from being a crime to becoming tolerated. Some States like California actually went as far as expunging previous non-violent marijuana related criminal records from past offenders rapsheets. However, now in 2017 the country has a new administration led by President Trump whose ambitions are drastically different than the previous administration.
Under the authority of the President Immigration and Customs Enforcement or ICE has been tasked with greater urgency in deporting illegal aliens with criminal records.
From the Washington Examiner (Feb. 12, 17):
Stephen Miller, the president’s policy director, said, “the cases that I’m familiar with…have to do with removing criminal aliens, individuals who have criminal charges or convictions against them. And that’s what’s been taking place all across the country. And the effect of that is going to be saving many American lives, American property and American safety. washingtonexaminer.com/white-house-deporting-criminal-illegals-saves-american-lives-property/article/2614615
Criminal records can follow an individual for many years and make it difficult for a past offender to find employment and/or decent housing conditions. With the new administration in force it seems that evidence of a criminal record for aliens living inside the country will most likely result in immediate expulsion.
To date actions by the new administration including several executive orders have been very firm and often times a challenging reversal of direction from the previous administration.
At this point in time it really is unclear if laws governing the use of criminal records will continue to expand or slow down. What is certain is that the use of criminal background records in the employment screening arena will continue to remain a critical tool for employers and hiring agents in determining which applicants they will hire. In the meantime it is certainly realistic to assume that pre-employment background screening and the proper use of criminal records will continue to make headlines going forward.
At the University of Wisconsin students challenged the potential use of criminal records as part of the admissions process.
From the Wisconsin State Journal (Jan 28, 17)
Members of UW-Madison’s student government on Friday criticized Chancellor Rebecca Blank’s call for officials to revisit their policy of not asking about applicants’ criminal records….Blank called Thursday for the University of Wisconsin System Board of Regents to “consider a review” of UW’s applications, which do not allow officials to ask about or consider prospective students’ prior criminal convictions. host.madison.com/wsj/news/local/education/university/university-of-wisconsin-students-warn-against-using-criminal-records-in/article_3b0635ed-18c8-57da-b0bc-4822eaccdd42.html
It should be noted that other countries utilize criminal records much in the same manner as the United States. For example, Argentina has strengthened criminal records laws as used in immigration.
From Fox News (Jan 31, 17):
Seeking to curb a spike in crime that remains a top concern across the country, the president of Argentina signed a decree that greatly toughens its immigration law to fast-track the deportation process and bar entry to foreigners with criminal records. foxnews.com/world/2017/01/31/new-immigration-law-in-argentina-bans-entry-expels-foreigners-with-criminal-record.html
The United States is not alone as other countries use criminal records along the same lines we do both with employment purposes, immigration practices and other capacities. And just as in the United States, the use of criminal records for any lawful task will remain controversial. A best practice for any company is to utilize a professional third-party background screening company in order to stay ahead of changes to law and remain in compliance with existing law.
Human resources professionals and hiring agents should pay attention to new actions by the Trump administration and if need be revise their existing background screening policies to compensate. Additionally they should work closely with a professional background screening company to make sure their policies and procedures are legal and compliant.
To read more regarding the previous trends with the use of criminal records in the employment screening process and how the past administration’s policies may differ from the new Trump Era policies read recent CriminalBackgroundRecords.com press release: http://www.criminalbackgroundrecords.com/news/2017-02-15-Criminal-Records-at-Home-and-Abroad-in-the-Trump-Era.html