Criminal Background Checks Regulations in 2023

Duration: 90 minutes Speaker: Margie Faulk
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ABOUT THE EVENT

Companies are understandably concerned about the safety of their workers and customers as well as their own assets and public image. But today, many employers are finding that the best approach to hiring individuals with criminal backgrounds is not so different from the hiring approach they use for everyone else: to evaluate each candidate on his or her merits. However, many Employers are considering reducing or eliminating the criminal background screening process. This is a mistake and could result in negligent hiring. Before hiring a job candidate, screening the applicant’s background helps employers make safe and well-informed decisions about whether they will be trustworthy and competent employees.

Criminal background check guide

Criminal background checks are often part of this process and may even be required for new hires if your company is in certain regulated industries or serves vulnerable populations, such as children, the elderly, or the disabled. You might have missed it, but the prohibition against employers with federal contracts asking about a job applicant's criminal history—part of a defense funding bill signed in late 2019—took effect in the last days of 2021 Different searches might produce different records. For example, if an employer only searches a state’s criminal records repository, the employer will only receive information about any convictions and arrests that are contained in the state’s criminal justice system. Employers might instead elect to complete nationwide searches to find criminal record information from multiple states or perform searches in every county and state where an applicant has lived. But what happens when Employers use social media in their screening process?

Why You Should Attend:

Employers who use criminal records in their hiring decisions need to be aware of applicable federal and state laws. Additionally, the Fair Credit Reporting Act (FCRA) governs how employers obtain and handle consumer reports, which include standard background checks. Legal compliance with these laws is key when considering formerly incarcerated applicants for hire. Many Employers are considering reducing or eliminating the criminal background check due to the labor shortages. 

 

Areas Covered:

  • What new regulations about criminal background checks have been added to the Federal regulatory industry
  • Learn how criminal background checks are a critical part of onboarding and avoiding negligent hiring.
  • Learn what the negative implications are of using social media as a screening process
  • Learn what types of criminal background searches can put an Employer at risk
  • Learn what the impact is when Employers
  • Learn why regulations are protecting formerly incarcerated individuals in the workplace.
  • Learn what states have Ban the Box mandated protections.
  • Learn what the process is when conducting a criminal background check.
  • Learn what the requirements are when you rescind an offer of employment after learning about the results of a criminal background check.
  • What are the proper requirements if you reject a candidate after the results of a criminal background check

Who Should Attend:

  • All Employers
  • Business Owners
  • Company Leadership
  • Compliance professionals
  • Federal Contractors
  • Onboarding representatives
  • HR Professionals
  • Managers/Supervisors
  • Employers in all industries
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Margie Faulk

Margie Faulk, PHR, SHRM-CP is a senior level human resources professional with over 14 years of HR management and compliance experience. A former Compliance Officer for Federal Defense Contracting Industry, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s focus is on multi-state, national, state and local workplace compliance. Additionally, Margie is working on International compliance initiatives globally which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few.

Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to professionals, business owners and companies interested in having their company compliant with workplace and industry regulations.

Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie has completed the Certified Compliance and Ethics Professional training and is a member of the Society of Corporate Compliance & Ethics (SCCE).

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The use of this seal confirms that this activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.

Credits: 1.5

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Compliance Prime is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org

Credits: 1.5

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