A criminal record does not necessary disqualify a job applicant from a position. Federal and state laws have strict guidelines concerning disqualifying an applicant for a position, and disqualification requires careful consideration on the part of the hiring manager.<!–more–>

Ensuring compliancy with federal and state regulations begins by creating a fully developed position description that clearly identifies skills, education, certifications, and security requirements mandatory to the position. You will also need to understand your federal and state requirements for particular positions. Most states prohibit people convicted of certain specific crimes from holding occupations such as home health worker, daycare worker, or teacher.

In addition, all job applicants should be required to complete a standard application in addition to submitting a resume. A standardized job application not only ensures that you can collect the information for a background and criminal record check, it also allows the applicant to properly disclose and explain a past conviction.

When addressing a criminal record, federal and state laws require that you show reasonable analysis of the following:

• Did the candidate properly disclose their criminal record? Did your background check correspond with the information provided?
• How does the type and severity of the conviction relate to the position? Do the security requirements of the position leave your company, employees, clients, or public vulnerable as it relates the candidate’s criminal record?
• What were the facts surrounding the conviction?
• How long ago was the conviction? Has the applicant made reasonable efforts at rehabilitation?
• Was the applicant employed before and after the conviction? Is the employment history consistent with the position description and requirements?

If after this careful analysis, you find that the applicant does not qualify for the position you must document why you did not choose the applicant. Requirements for notifying an applicant about your reasons for denying them based on a criminal record vary by state.