Tag Archives: background checks

Employee Background Checks: Top Myths Debunked

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In the realm of hiring and recruitment, employee background checks have become a standard procedure for many companies. These checks are done to ensure that potential employees have no red flags in their past that could negatively impact their performance or the company’s reputation. However, there are plenty of misconceptions and myths surrounding these background checks that often lead to confusion and misinformation.

In this blog post, we will debunk some of the top myths about employee background checks and shed some light on the truth behind them.

Call 317-636-7514 to Speak With a Criminal Record Expungement Lawyer in Indianapolis
Call 317-636-7514 to Speak With a Criminal Record Expungement Lawyer in Indianapolis

Top Myths About Employee Background Scans

Myth 1: Background Checks are Only Used for High-Level Positions

One of the most common misconceptions about employee background checks is that they are only required for senior or executive positions. This could not be further from the truth. In reality, background checks should be conducted for every candidate, regardless of the role they are applying for. After all, a company’s success depends on the collective efforts and actions of all employees, not just those in top positions. Additionally, conducting background checks for every candidate ensures fairness and consistency in the hiring process.

Myth 2: Background Checks Only Look at Criminal Records

While checking criminal records is an essential part of employee background checks, it is not the only aspect that is evaluated. Background checks also involve verifying employment history, education credentials, and professional licenses. These checks help to confirm the accuracy of the information provided by the candidate on their resume and in job interviews. They also provide insight into a candidate’s work ethic and qualifications for the position.

Myth 3: A Criminal Record Automatically Disqualifies a Candidate

Another prevalent myth is that having a criminal record automatically disqualifies a candidate from being hired. While certain criminal convictions may make a candidate ineligible for specific positions, most companies do not have an absolute ban on hiring individuals with criminal records. Each case is evaluated individually, taking into consideration the nature and severity of the offense, how long ago it occurred, and its relevance to the job. Giving individuals with criminal records a fair chance at employment can also be beneficial for society, reducing recidivism and promoting rehabilitation.

Myth 4: Job Interviews are Enough to Assess a Candidate’s Background

Some companies believe that conducting thorough job interviews is sufficient to evaluate a candidate’s background. However, this is not always the case. Interviews rely heavily on a candidate’s self-reporting, which may not always be accurate. Conducting background checks provides an objective and more comprehensive evaluation of a candidate’s background and can uncover any red flags that may have been missed in the interview process.

Myth 5: Background Checks are Expensive and Time-Consuming

It is true that conducting employee background checks does require some investment of both time and resources. However, with advancements in technology and online databases, background checks have become more accessible and affordable than ever before. Also, the cost of hiring an employee with a troubled past can be much higher in terms of potential legal fees, damage to company reputation, and loss of productivity compared to the relatively small expense of conducting a background check.

BONUS- MYTH #6: You are Stuck With a Damaging Criminal Record for Life

You do not have to be stuck with a poor criminal record forever. Here in Indiana, many past offenders qualify for criminal record expungement and record sealing. Also known as Indiana’s Second Chance Law,  this law makes it possible to conceal past criminal records from the public and most employers. If you qualify for expungement or sealing, your employer will not have access to your criminal record during background checks, unless they request the information directly from a courthouse in which the case was heard.

Conclusion

Employee background checks are an essential part of the hiring process and can help companies make informed decisions about their potential employees. However, it is crucial to separate myths from facts when it comes to these checks. Conducting fair and thorough background checks not only ensures a safe and productive working environment but also allows individuals with troubled pasts a chance at redemption. So, the next time you hear one of these myths, remember the truth and make informed decisions when it comes to employee background checks. 

Are you ready to submit your petition for record sealing or expungement in Indiana? Contact the Law Office of David E. Lewis today at 317-636-7514 to book an appointment with an experienced criminal expungement lawyer in Indianapolis, Indiana. Our legal team is devoted to providing astute and aggressive criminal defense for appeals, all while fighting for your entitlement to a reduced or dismissed conviction.

Related Posts:

Understanding the Impact of a Criminal Record in Everyday Life
How to Answer Employers’ Questions About Your Criminal Record
Are Background Checks Keeping You From Getting a Job?

Are Background Checks Keeping You From Getting a Job?

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Until the boom and innovation of the Internet, job applicants had more privacy when submitting their resumes and CVs with a potential employer or company. Today, the personal lives of job seekers are more exposed due to the accessibility of background check technology and criminal history scanning. If you have experienced job rejection over and over again after being subjected to a background scan, or if you have been overlooked for job promotions due to your criminal history, you may be happy to learn that there could be a solution to your vocational challenges and setbacks.

Continue reading to learn how you can prevent background checks from getting in the way of your career goals.

Expungement Lawyer Indianapolis 317-636-7514
Expungement Lawyer Indianapolis 317-636-7514

Background Check Basics

When you search the Internet, you will find that there are thousands of background check resources available. Some are free, while others charge a fee depending on how comprehensive of the scan you want. In terms of employers, companies generally perform a comprehensive background check that would reveal a person’s criminal history, and perhaps even their employment and rental history.

These background check portals are available to the general public, which includes your employers, as well as the person you just asked that on a date, your school admissions office, your landlord, your bank, your mother-in-law, your next-door neighbor, your coworker, and anyone else who wants to know what your personal record holds.

With a better understanding of how easily accessible background check resources are online, you can now understand why it is so important to clean up your criminal record. After all, it is the criminal part of a personal record that generally holds a person back from getting a job or obtaining a desired job promotion. This is the area of focus you want to put your energy into.

Criminal Record Expungement

Here in Indiana, legislation has passed a new criminal record expungement law known as Indiana’s Second Chance Law. For those who qualify, the Indiana Second Chance Law allows approved petitioners to expunge or seal arrest records, and in some cases, criminal records, from their personal history reports. Once expungement or record sealing is approved, the general public can no longer access said criminal record. However, law enforcement and federal government authorities can. With criminal record expungement and record sealing services available for those who qualify, job seeking looks much more promising.

Seek Professional Legal Assistance to Get Started

Criminal record expungement and record sealing comes with all sorts of complex stipulations and procedures. It is vital that you outsource professional legal assistance to help you fill out and submit your cruel record expungement petition. Applicants are only allowed to petition for criminal record expungement and record sealing one time, so if they mess up, they lose the chance forever. This is why it is important to have an Indianapolis expungement lawyer assist you through the process.

Criminal record expungement services in Indiana start as low as $850 when you choose the Law Office of David Lewis. Contact us at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

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Should I Perform a Background Check on Myself?

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There are several reasons to perform a background check on someone else. If you are a business manager who plans to hire new employees, you will want to review each applicant’s criminal and work history. If you are looking for potential roommates, you will want to know their criminal and credit history. If you are a landlord preparing to rent out a property to a new tenant, you will also want to know their criminal and credit report, as well as, their rental history. Even those involved in the dating scene are wise to perform a background on a person before agreeing to a first or second date.

Needless to say, there are many cases in which a background check is handy, and even necessary. But have you thought about doing a background check on yourself? You may be surprised what you find. Continue reading to learn why you should take a look at your own personal history report, as well as, where to get started.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514

Online Background Check Databases

Performing a background scan on yourself is beneficial for a few reasons. For one, you can see what type of information is out there about you, and if the information is accurate or not. Second, you are better prepared to answer questions about your criminal, renters, credit, and work history when you have up-to-date information on those specific records. No matter what the reason, this is YOU we’re talking about, so consider running a background check on yourself soon!

Background Check Websites and Portals

Fortunately, you are only performing this scan on yourself, so you can use just about any old site that provides such services. If you were an employer or landlord, for instance, you would have to use the services of a consumer reporting agency (CRA) for legal purposes. These sites use human intelligence rather than a computer to look up your information. The CRA sites are not free and sometimes expensive, but since you are planning to scan yourself, you can use a free online background check database site. There are numerous of these websites online, including PeekYou, The Beat, and White Pages Neighbors.

Most records are available as general public information, so you can also just visit your city’s government website and use their services, which are most likely free of charge also. Consider doing a simple Google search of yourself as well. You would be surprised which photos and content pops up about you, or someone that shares your same name!

Want to Clean Up Your Criminal Record?

If you are not proud of what you find about yourself after completing a background check, consider criminal record expungement services. If you qualify, some states allow you to expunge or conceal past criminal histories so they are not publicly accessible by employers, landlords, and more. Call reputable lawyer that is well-versed in your states criminal expungement laws, and see if criminal record expungement services are right for you!

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to learn your eligibility for Indiana criminal record expungement and restricted access. Our criminal defense law firm offers free initial consultations to do just that! That means no out-of-pocket charges to see if you qualify! And rates start as low as $850 of those who do! Call 317-636-7514 to schedule your consultation for criminal record expungement, today.

Are Business Owners Responsible for Preventing Criminal Acts?

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As a business owner, can you be criminally liable if you do not take the necessary actions to prevent criminal activity on your premises? This is a good question for any business owner, especially if they are currently facing charges for a similar offense. To better answer this question, take a look at a similar 2012 case, and the court proceedings that resulted. Then be sure to consult a trusted and experienced Indianapolis criminal defense lawyer for professional advice and guidance.

Indianapolis Expungement Lawyer 317-636-751

Indianapolis Expungement Lawyer 317-636-7514

Santelli v. RAHMATULLAH, 966 N.E.2d 661

Cite Numbers: 966 N.E.2d 661
Docket Number: 49A04-1011-CT-704
Filed: 3/29/2012

The case of Santelli v. Rahmatulla, 966 N.E.2d 611 was a tragic injustice to the victim’s family. In 2005, James Santelli was staying at a motel owned by Abu Rahmatullah while working on a construction project in town. Just before Santelli’s stay, Abu Rahmatullah hired a general maintenance worker named Joseph Pryor. Joseph Pryor was a convicted felon and had a warrant out for this arrest for a probation violation, but was given the job by Rahmatullah anyway.

Shortly after he quit, but held on to a master hotel key that gave him access to every room on the premises. On the night of October 16 or 17, 2005, Pryor entered Santelli’s room and proceeded to rob him, resulting in Santelli’s murder. Pryor was eventually convicted of an 85 year sentence, and is still serving that time to this day.

Rahmatullah was not charged criminally for the case even though he made some negligence business decisions. Indiana law recognizes a duty of a hotel owner to safeguard their patrons, so Rahmatullah was still held liable outside of criminal law. Not only was the motel located in a high crime area, Rahmatullah failed to keep exterior doors consistently closed, failed to keep the locks in working order, and never monitored the pool and lobby security cameras.

Furthermore, he failed to perform background checks on his staff and hired individuals with violent criminal histories. As a result, jury returned a verdict finding the total damages in the amount of $2,070,000.00, and apportioned 2% of the fault for Santelli’s death to Rahmatullah. So for his negligence and the contribution he inadvertently had in Santelli’s death, he was order to pay $41,400.00, which is 2% of the total damages found by the jury.

It was a hefty remuneration, so naturally, he appealed in 2010. The appellate court ordered the jury to be instructed on the very duty doctrine, a common law doctrine that holds a premises owner owes a level of reasonable care to protect patrons against a foreseeable crime. The Supreme Court of Indiana vacated the decision and granted transfer. The court heard oral arguments from both sides and was presented with conflicting views on the supremacy the “Comparative Fault Act”, or the “very duty doctrine. The Comparative Fault Act dictates that where a plaintiff is found more than 50% at fault, the plaintiff cannot recover.

The case sparked the interests of both the Defense Trial Counsel of Indiana (DTCI) and the Indiana Trial Lawyers Association (ITLA), which wrote opposing amicus briefs to help guide the court on the issue. The Supreme Court’s decision could have had wide-ranging consequences on business owners. If the appellate decision had remained, then Indiana business owners will potentially face enhanced premises liability for the criminal acts of others.

Is Your Criminal Record Holding You Back?

To limit such liability, business owners now have to conduct criminal background checks on all employees, which means that convicted criminals face dismal opportunities for employment and housing. If you are having trouble getting hired because of your criminal record, you should consider criminal record expungement or record sealing. There are new laws in Indiana that allow those who qualify to conceal their criminal background from the public, including employers.

Indianapolis Expungement Lawyer

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 to seal arrest records in Indiana. Our services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer you can trust.