SHRM Survey Findings: Background Checking—The Use of Criminal Background Checks in Hiring Decisions July 19, 2012

Key Findings Do organizations conduct criminal background checks on job candidates? Sixty-nine percent of organizations reported that they conduct criminal background checks on all of their job candidates. Eighteen percent of organizations conduct criminal checks on select job candidates, and 14% do not conduct criminal checks on any job candidates. When do organizations initiate criminal background checks? Among organizations that conduct criminal background checks, most initiate criminal background checks after a contingent job offer (62%) or after the job interview (32%). Very few organizations (4%) initiate criminal background checks before a job interview. Why do organizations conduct criminal background checks? Organizations conduct criminal checks on job candidates 1) to reduce legal liability for negligent hiring (52%) and 2) to ensure a safe work environment for employees (49%). What type of criminal activity could influence the decision not to hire a particular job candidate? The top two criminal activities that are very influential in the decision not to hire a job candidate are a convicted violent felony (96%) and a convicted nonviolent felony (74%). Do organizations allow job candidates to explain the results of their criminal checks? Yes; 58% of organizations allow job candidates to explain the results of their criminal checks before the decision to hire or not to hire is made, and 27% allow job candidates to explain the results after the decision is made.

Does your organization, or an agency hired by your organization, conduct criminal background checks for any job candidates? Note: Respondents who answered “not sure” were excluded from this analysis. Percentages may not equal 100% due to rounding.

Does your organization, or an agency hired by your organization, conduct criminal background checks for any job candidates? Comparisons by organization staff size Organizations with 100 to 499 employees and 2,500 to 24,999 employees are more likely than organizations with 1 to 99 employees to conduct criminal background checks for all job candidates. Comparisons by organization staff size 2,500 to 24,999 employees (83%) 100 to 499 employees (69%) > 1 to 99 employees (48%) Comparisons by organization sector Publicly owned for-profit organizations are more likely than privately owned for-profit organizations to conduct criminal background checks for all job candidates. Comparisons by organization sector Publicly owned for-profit (84%) > Privately owned for-profit (62%) Note: Only statistically significant differences are shown.

When does your organization, or any agency hired by your organization, initiate criminal background checks on job candidates? n = 343

What are the primary reasons your organization conducts criminal background checks on job candidates? Note: Percentages do not equal 100% due to multiple response options. Respondents were asked to select top two options.

When conducting a criminal background check on job candidates, how influential is/would be the discovery of each of the following in your decision NOT to extend a job offer? Note: Figure represents respondents who answered “very influential.” Percentages are based on a scale where 1 = “not at all influential” and 4 = “very influential.”

When conducting a criminal background check on job candidates, how influential are/would be the following factors related to a criminal activity (regardless of whether they resulted in conviction) in your decision NOT to extend a job offer? Note: Figure represents respondents who answered “very influential.” Percentages are based on a scale where 1 = “not at all influential” and 4 = “very influential.” Other information that influences the decision not to extend a job offer is nondisclosure of criminal activity prior to a background check.

Does your organization allow job candidates, in certain circumstances, the opportunity to explain the results of their criminal background check that might have an adverse effect on an employment decision?

Criminal Background Checks Conducted on Select Job Candidates

Which category of job candidates does your organization conduct criminal background checks on? Note: The data in this figure represent organizations that conduct criminal background checks on select job candidates. Percentages do not equal 100% due to multiple response options. With small sample sizes, the response of one participant can affect the overall results considerably; this should be noted when making interpretations of the data, particularly when interpreting small percentage differences.

Demographics: Organization Industry Percentage Manufacturing 19% Health care and social assistance 17% Professional, scientific and technical services 12% Other services, except public administration 10% Educational services 9% Finance and insurance 7% Retail trade 5% Public administration 4% Transportation and warehousing Religious, grantmaking, civic, professional and similar organizations Accommodation and food services 3% Note: n = 386. Percentages do not equal 100% due to multiple response options.

Demographics: Organization Industry (Continued) Percentage Arts, entertainment and recreation 3% Utilities Administrative and support and waste management and remediation services 2% Construction Information Wholesale trade Agriculture, forestry, fishing and hunting Real estate and rental and leasing Repair and maintenance Mining 1% Management of companies and enterprises Note: n = 386. Percentages do not equal 100% due to multiple response options.

Demographics: Organization Sector Note: n = 386. Percentages do not equal 100% due to rounding.

Demographics: Organization Staff Size

Demographics: Other Is your organization a single-unit organization or a multi-unit organization? Single-unit organization: An organization in which the location and the organization are one and the same 36% Multi-unit organization: An organization that has more than one location 64% n = 387 Does your organization have U.S.-based operations (business units) only or does it operate multinationally? U.S.-based operations only 76% Multinational operations 24% n = 386 For multi-unit organizations, are HR policies and practices determined by the multi-unit headquarters, by each work location or both? Multi-unit headquarters determines HR policies and practices 56% Each work location determines HR policies and practices 4% A combination of both the work location and the multi-unit headquarters determine HR policies and practices 40% n = 257 What is the HR department/function you responded for throughout this survey? Corporate (companywide) 71% Business unit/division 15% Facility/location Note: n = 256. Percentages do not equal 100% due to rounding.

Background Checking—The Use of Criminal Background Checks in Hiring Decisions Methodology Response rate = 19% Sample composed of 544 randomly selected HR professionals from SHRM’s membership Margin of error +/-4% Survey fielded December 28, 2011-February 7, 2012 For more poll findings, visit www.shrm.org/surveys Follow us on Twitter: http://twitter.com/SHRM_Research Project leader: Justina Victor, survey research analyst, SHRM Research Project contributors: Evren Esen, manager, SHRM Research Mark Schmit, Ph.D., SPHR, vice president, SHRM Research Copy editor: Katya Scanlan