Criminal History Reviews Simplified

Review of an applicant’s criminal history is a complex task and if not implemented accurately and consistently can be problematic.

The use of a flowchart can simplify a criminal history record review. TASB HR Services has created an example flowchart for this purpose. Utilizing the Criminal Background Check Flowchart, which reflects eligibility standards described in TASB Policy DBAA (REGULATION), can provide consistency in the hiring process. Implementing a process is important, particularly if more than one person in the district is reviewing criminal history records, including fingerprint and name-based state-wide checks.

For offenses that are not mandatory exclusions under law, the district can adopt and enforce local eligibility standards. Decisions to exclude an individual must be job related and consistent with business necessity. Factors to consider when adopting local standards in the decision-making process include:

• Whether the crime is a felony or misdemeanor
• The degree of the offense (e.g., first, second, or third-degree felony)
• The nature of the crime (e.g., assault, property crime, fraud, or drug offense)
• The relationship between the crime and the proposed job duties
• The extent and nature of the person’s past criminal activity
• The age of the person when the crime was committed
• The amount of time elapsed since the person’s last criminal activity
• The conduct and work activity of the person before and after the criminal activity

For more information on the criminal history review process, see Criminal History of District Employees and Volunteers in the TASB Legal eSource, Criminal History Checks in the HR Library, and review board Policies DBAA (LEGAL), DBAA (LOCAL), and DBAA (REGULATION).