Top 10 Things You Need To Know About Criminal Background Check In India
Criminal background checks are a critical part of any organization. Every organization runs criminal background checks to ensure a safe working environment for its employees and the safety of the organization.
Most of the organizations in India tie-up with background verification companies to conduct employment screening services based on the company requirements. But some companies conduct background screening services by themselves. If your company runs background screening services on its own, you will have to scrutinize the details carefully so that you do not recruit someone who is not right for the organization. Meanwhile, these are the top 10 questions you need to know before running a criminal background check online in India.
1. What Is Criminal Record?
The criminal record is also called a rap sheet. The criminal record consists of a list of past criminal history and illegal activities such as:
- Prior arrests
- Sentencing information regarding any convictions
- Previous charges
- Convictions for any misdemeanor and felony crimes
2. Why Do Organizations Conduct Criminal Background Checks?
Comprehensive criminal record checks are done to provide a secure workplace that is safe from any misconduct or criminal activity. The organization gains confidence that their hiring is clean and the individuals have a clean past.
This is done by searching the civil litigation database, criminal database, and regulatory compliance database that contains the candidate's name.
Always ensure to carry out legitimate database searches while conducting a criminal background check on candidates. Check global and Indian databases and verify if the candidate has any association with a crime or any unknown mentions in any litigation.
3. Why Should You Consider Conducting A Criminal Background Check?
The companies need criminal background checks because problems may arise even after the selection process. The hired employee may indulge in unethical activities like sexual misconduct, financial malfeasance, workplace violence, theft, etc.
The inclusion of criminal background checks protects the organization and the employees working in it from the claims arising from fraud and unethical employees. Some firms neglect the critical need for criminal background verification and hire the candidates who interim bring retention claims, slapping the firm with large damages leading to financial loss and debts.
4. Who should have a Criminal Record Check?
Usually, criminal record checks online in India are conducted on the new hires. However, criminal background checks can also be conducted on the currently working employees if the company feels it is necessary. You can also conduct criminal background check sometimes before a promotion, transfer, or if you notice the employee affecting changes in the company’s terms and conditions.
5. How Do Firms Undertake Criminal Record Check Of The Applicants?
The firms take the help of the background verification agencies for conducting the criminal background check. The services given by the third-party firms specialize in providing criminal history checks. Third-party firms such as TrueBGV verify and validate the details as they are better equipped with the latest technologies and tools that provide an accurate and comprehensive check.
These firms may also provide feedback regarding the shortcomings of the system and take measures to improve the job application during the criminal background checking process. The efficiency of the process also depends on the ability of the HR team in understanding the criminal record check process.
6. What Factors Must Be Considered In The Hiring/ Rejection Decision?
After running the criminal background check the report is obtained. The hiring firm must take the nature and gravity of the offense into the account. They must consider whether the individual is charged but not convicted, the role being considered for conviction, completion of the related sentence, and the impact that causes on the firm’s business interest.
The policy for hiring/rejecting candidates for criminal record check returns provides feedback that has been charged but not convicted varies according to the firms. The HR manager must ensure compliance with the internal policy of the subject.
7. Should The Firm Need To Run A Criminal Background Check If The Candidate Comes With Good References?
Yes, every candidate is required to be subjected to a criminal history check even if the candidate comes with good job references. This has been made necessary to be done due to the rising fraud cases in the employment sector regarding the applicants falsifying education, criminal history, and employment. The criminal background check also helps the firms safeguard against legal liabilities that are arising due to criminal hires.
The criminal record check is a necessary process. Good employees are expected to adhere to the global best practices while considering the importance and undertaking these checks. These criminal record checks ensure fairness, transparency, data security, and compliance with relevant legislation.
8. How Can I Safeguard The Data And Privacy Concerns Of The Job Applicants?
Criminal background checks are undertaken with the responsibility and utmost care. As a responsible HR professional of a firm, you must be acutely cognizant of the data safety and privacy concerns and requirements.
To maintain integrity with the process of criminal background verification and allay any applicant concerns you must maintain constant communication with the employment screening services and the individuals.
9. Can Criminal Records Be Expunged?
In a few cases, the criminal records and convictions can be expunged but you can simply expunge the entire criminal record in one swoop.
Only specific convictions and charges are eligible for expungement mostly those that have low-level convictions. Some serious violent offenses like armed robbery and murder will stay on the record constantly.
10. What Process Is Included In Conducting Professional And Safe Criminal Background Check?
The process begins with selecting a professional employee background verification company that has requisite skill sets and adequate knowledge of the employment screening and background verification services along with access to litigation databases and indexed criminal records. The company runs the criminal background verification and gives you clear details about the candidate you hire.
Criminal background checks work on a PAN basis in India and sometimes international ramifications are required. Although criminal background check is not that prevalent in India it is still important to conduct pre-employment screening services online in India.