How to Survive a Background Check
Nov 16th, 2007 | By Bill | Category: Employment NewsSooner or later the time will probably come that you've to undergo a background check. To most people, the prospect of subjecting yourself to scrutiny by an unknown organization is little cause for concern. For others, however it can be an agonizing ordeal that could affect their livelihood and the future course of their lives. So if you're one of those people who is anxious about the fact that you’ll have to undergo a background check as a prerequisite to being hired at the job of your choice; what do you do? How should you approach the subject?
RULE # 1: PLAN AHEAD. If you have a criminal record that you think may prevent you from getting the job you want look into having the record expunged. When a local court expunges a record it is just care about it never happened. It should not show up again on your criminal record. HOWEVER, it is possible that it will show up in a statewide or NCIC (FBI) check because the records are already in that system and it might be a while before they're purged. Do a Google search on 'criminal records expungement' and you'll find a wealth of information including firms that will do it for you and ones that'll provide all the paperwork so that you can do it yourself and save money. Note that this isn't a quick fix. The process could take a while. Do a preemptive background check on yourself if needed. Go down to the court clerk's office and ask to get a copy of your criminal record in that county. This is something that you should address before you start sending out resume's.
If your problem is a poor performance record at a previous job try to make it right with the previous employer. Just about everyone has had a boss that they didn't get along with for whatever reason. You know that if this person is contacted by a prospective employer that he/she will paint a picture of you as an inept idiot. One recommendation is to swallow your pride and admit your problems and try to convince them that you’ve changed so that if he's called on for a reference you at least have a shot at a positive response. Have a friend call your previous employer and find out what they’re saying about you when asked about your competency, character or performance. Be preemptive in your resume'. Address the problem where you can describe it on your own terms.
Try volunteering to help charities with your particular skill. A positive reference goes a long way to balancing out a negative one.
RULE # 2: TELL THE TRUTH. Let's state that you had a “minor indiscretion” on your record such as shoplifting. If your job application asks if you've ever been convicted of a crime you should tell the truth and answer correctly. If you don't, and you are found out, in the mind of the Human Resources person you are not only a thief, but a liar as well. It is much superior for you to tell them than for them to find out about your record later. You might want to rehearse this with someone before you're interviewed. Be prepared to tell them why the 'incident' happened and how you learned from that experience and how you’re a changed person now.
Also, you should know that background checkers are people too. When a person at a background checking company is working on your file and they find out that you didn’t tell the truth about your criminal or job history, they are going to approach the rest of your report with a higher degree of skepticism. That's just human nature. Your report then tends gets reexamined with a fine tooth comb.
RULE # 3: ANSWER QUESTIONS AS THEY ARE ASKED. Don't volunteer any information that's not asked for. Example: if the questionnaire asks you if you've been convicted of a crime in the last 7 years and your conviction was 7 years and one week ago, you answer “No.” If the question asks you if you've ever been convicted of a felony, don't volunteer any information about a misdemeanor. Be prepared for these questions in an interview and on an application. If at all possible have an application e-mailed to you so that you can fill it out at your leisure.
RULE # 4: LEARN WHAT YOUR RIGHTS AND OPTIONS ARE. Law books are full of the rights of individuals and nowhere is this more true than in the employment arena. Again, do your homework. Learn what recourse you have if a potential employer denies you employment based on a negative background check finding. For instance, did you know that you've the right to actually see the background check report and to challenge its findings if they’re incorrect? Nothing in that report should come as a surprise to you. You know where you worked, where you went to school what degrees and accolades you earned.
Conversely, you need to be aware of the rights of the employer to know about your past. For example most people believe that there are certain questions that an employer can't ask of a previous employer. THAT IS SIMPLY NOT TRUE. It's one of those urban legends that people think is true. A previous employer might refuse to answer the question, but a prospective employer can ask anything they want to.
I could write a whole article just on this question of what can be asked. Let me explain it simply. And employer can ask any question about your competency, character, work habits, attitude, etc. Most employers stopped answering those kinds of questions years ago, but that doesn't mean they can't be asked. In fact, a smart background checker will get those questions answered in some form although a person has been instructed not to answer those type of questions. I always say that those 'rules' were started by lazy attorneys (you know, the ones who get paid the same if they work or not). They tell people at their company not to answer those questions because they don't want a potential lawsuit from an ex-employee. Well, what has happened is that more aggressive attorneys on the other side of the issue started suing companies that refused to give negative (but true) information on a previous employee, believing that by not answering a direct question they've, in fact, shifted liability to themselves. Another myth that virtually everyone believes is that an employer can't ask your date of birth. NOT TRUE. They can't discriminate based on your age (for that reason many don't ask) but it is usually required for a criminal history report. Any employer that believes that date of birth can’t be asked probably also believes that their interviewer needs to be blindfolded so that, God forbid, he can't tell a person's sex or race.
We always suggest that a previous employer tell DOCUMENTABLE TRUTH. Example: If I ask a previous employer if there's anything that they have the ability to tell me about an applicant's competency or character and they answer by saying, “He was a real bum. He was always late for work and didn't care about his job.” That could get them sued, but if they answer with documentable truth such as, “We have a policy here that if you’re late three times you’re written-up. He was written-up three times in two years.” That can be documented.
What do you do if you’ve a major negative on your record such as a felony conviction for embezzlement and you’re looking for work as an accountant? One suggestion is that you look into having yourself bonded at your own expense. That takes away the danger from the employer. It might be somewhat high-priced for you, but that might be what it takes for you to work in your chosen profession.
In summary, plan ahead, do your homework and know and comprehend your rights and the rights of your prospective employer.
Kit Fremin is the owner and founder of Background Check International. Since 1994 BCI has served clients a varied as: the LA Times, Department of Defense, Mars, Inc., the UN, the NTSB and Calvary Chapels nationwide. His website is: http://www.bcint.com and he has the capability to be e-mailed at kit@bcint.com.
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