Across the United States, employers regularly conduct criminal background checks to select and retain employees. According to a recent survey, 92 percent of employers conduct criminal background checks on some or all job applicants.1
When making hiring decisions, employers often try to mitigate the risk of liability for a “negligent hiring” claim that could arise were an employee to harm a coworker or other person in the course of his or her employment. Employers also may seek to minimize the opportunities for employee theft, misconduct or poor performance/attendance by effectively and thoroughly screening applicants. Thus, employers may hesitate to hire individuals with a criminal record. As a result, persons with criminal convictions struggle to reenter the workforce.
