Background Checks

I am a legal administrator in a mid-sized law firm.

I have an outside agency do background checks on all prospective employees as a condition of employment. I have recently had one come back where the individual had been arrested and charged with forgery and ID theft but had no disposition. This person began work before we had the results (but she was informed that her continued employment was contingent on a favorable check). Are we at risk if we let this person go based upon the background check which reveal an arrest and charges but no convictions?

Comments

  • 3 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-02-04 AT 01:25PM (CST)[/font][br][br]Wgwalls - welcome to the forum. In all my dealings with background checks, I'm embarassed to say I don't know the exact answer to your question. I THINK that you can only consider convictions. Mwild knows a lot about this type of stuff - maybe she will chime in.
    Just remember though that sometimes these checks are wrong - I once had a check run on myself and it stated I was a drug dealer and a police escapee! I had to get finger printed and everything to prove it wasn't me but someone with my same name. Gotta love my county sheriff and his "name match" system.

    Edit: oops I put "country" instead of "county"
  • I would make some phone calls to track down the disposition of this case. I wouldn't deny employment based on an arrest and no conviction.
  • I believe it depends on the laws of your state...in PA we may only consider convictions.


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