by Nick Fishman
The Cleveland Plain Dealer recently pusblished a story, Ex-cons need jobs, but bill that would seal their records goes too far , which describes a State of Ohio Senator’s efforts to have certain criminal records, including felonies wiped off convicts records so that they can find better jobs. I am not so delusional to think that this a one-sided story, but as an employment screener and a business owner I can’t help but think that this solution just punishes employers and dilutes the deterrance of committing a crime. I wrote the following letter to the editor which was then cut down and published. Rather than give you the condensed published version, I thought I would post the un-edited version here.
I am deeply concerned about how a new piece of legislation proposed by State Senator Shirley Smith (Senate Bill 197), which would allow certain felonies to be expunged, will affect our state’s employers. As a both and employer in the state of Ohio and a professional employment screener, we are charged by corporations, large and small, with obtaining any existing criminal records on their job applicants. Obtaining this type of background is necessary because it allows a decision-maker to qualify their applicants. It also allows them to protect their company from the potential risks of hiring those who have a criminal past that would affect their ability to perform a specific job function. Failing to factor in a candidate’s criminal past represents a major liability to employers.
We see it every day — an employee commits a crime while at work that negatively affects a co-worker, customer or vendor. The crime victim files a lawsuit against the employer. It is then discovered the employer failed to perform an adequate background check and the jury rewards the defendant millions at the cost of the employer — this is in addition to the billions of dollars employers lose each year to internal theft. While the cost of a lawsuit or theft can be overcome, the negative publicity and loss of public confidence cannot.
The senator will argue that this measure will apply only to those certain felony offenses that she deems not to be harmful to employers. I contend that a felony conviction is a felony conviction, regardless of the crime and that if it wasn’t a serious crime, than it wouldn’t be prosecuted as a felony. How does this affect employers? If a record is expunged, then it ceases to exist on an individual’s criminal record. When a background check is conducted, that record cannot be found, therefore cannot be factored into an employer’s hiring decision. This leaves the employer twisting in the wind.
Employers are not unchecked when it comes to conducting background checks and acting on adverse information. They must consider the various attributes of the conviction and the individual that committed them; what type of crime was committed, how long ago did it take place, is the person a repeat offender, etc. It is not acceptable for employers to simply adopt a policy with no tolerance for past transgressions. Perhaps a small group of employers have done so and it is my recommendation that rather than hamstring our state’s employers with the inability to properly evaluate job applicants, that Senator Smith propose funds for educating employers on how to make proper hiring decisions and holding them accountable in the isolated incidents when they run afoul of the law.
Remember that a background check is an acceptable tool for determining a candidate’s qualifications and suitability for employment. There is a job out there for everyone including those with past transgressions. Just don’t inhibit the ability of employers to make an informed decision.
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