The internet and the popup of so many background checking companies has made a criminal records check a routine part of many firms’ selection processes. But some law firms wonder if they are not better off not knowing. The high percentage of drug related offenses among candidates under the age of 40 can limit the hiring pool. Plus, because conflictions are disproportionately high among African American’s and Hispanics, policies of not hiring felons may work against diversity efforts. On the other hand, firms worry about liability or adverse publicity if they hire a candidate despite their knowledge of a criminal record.

 

The advice from most HR professionals is to pre-establish acceptance criteria both in terms of the number of convictions and the type of conviction. For example, a drug conviction may be acceptable for some positions but a crime involving honesty may not. One tip is to especially look at convictions in relation to age. Even multiple convictions during teenage years may not accurately reflect their dependability or honesty in their late 20’s.