DebzinUS

It comes down to risk...Would you want someone working for you with a dodgy criminal history who may rob you blind?

Bob

v someone who might still do that but wasn't caught before?

If you want trusty people, then don't pay bottom of the barrel to risk it.

hungryhorace

You talk as if criminal convictions don't have to be disclosed in this situation. I have no issues with the UK approach which is where specific convictions are stepped down after a set period of time, and are not required to be disclosed unless employed in specific positions.

The US model where anyone with a criminal record - no matter how old or insignificant - is in no small part due to the record levels of poverty the US has because 'criminals' are unable to find work.

DebzinUS

I don't disagree, the question was why do Walmart and McDonalds run back ground checks.

DebzinUS

Maybe the UK system is the better way to go. I have no doubt that poverty in this US plays a huge part for many people who turn to crime to support their families.

jeffreyhy

Without regard to how some posters think things ought to be, it seems apparent that many US business managers and bean counters have determined that checks into various aspects of the background of prospective employees is worth the cost and the effort.

Penny pinchers that they are in order to remain competitive, they're doing the checks. They clearly think it's worth it.

Regards, JEff

hungryhorace

Of course they do; doesn't mean they're correct in their thinking, however.

Read this: http://www.huffingtonpost.com/2012/0...n_1459508.html - everything that is wrong with hiring in America, right there.

jeffreyhy

Well, when you become the boss you can correct their errant ways and abolish background checks for you company.

Regards, JEff

hungryhorace

We don't run background checks at the company I am a manager at, FYI.

jeffreyhy

Excellent! Leading the way to enlightenment!

Now, if only the rest of America would climb onto your bandwagon.

Regards, JEff

md95065

Actually, in the US it is more likely to come down to fear of liability if something happens and you get sued and it comes out in discovery that there is something in one of your employees backgrounds that you could have checked up on but didn't and the plaintiff's attorney is claiming that you were negligent and, therefore, liable for massive damages ...

DualUKUSCitizen

Wow well this blew up fast, was only 8 or so replies when I checked this morning! Thanks to all who have contributed to the discussion, I have read through the whole thread twice now, and I've got to say, I'm still not sure whether to be worried or not?

I am aware through previous google searches that international background checks exist, though I'm not entirely sure how they work? It's not like private companies have access to the PNC in the UK?

I'll copy and paste a question i sent to the DBS, and their response:

My Question:

Dear Sir/Madam

I am a dual US/UK citizen, currently living in the USA.

Here in the USA, I may be wrong, but it seems many background checks are carried out by private companies. Some of these private companies boast about extending internationally. My question is this:
Could a private background checking company reveal details about my criminal record here in the UK? I don't actually have a criminal record, but I have an arrest which lead to no further action being taken on the PNC. Could someone employed by a private company living in the UK get a hold of this information? I didn't think it was possible to obtain someone else's criminal record unless they agreed to undergo some kind of disclosure for employment, or through very specific channels?

Thanks for taking the time to read my question

The response:

With specific regard to DBS checks, it is only possible for an employer/volunteering organisation registered in England and Wales to request that you have a DBs check if the role is actually eligible to be DBS checked. You cannot apply for a criminal record check for yourself through DBS directly. This is because you cannot make an unbiased decision about your own suitability for a position based on the contents of a DBS certificate and you are not employed for the purposes of making that suitability decision.

There are no circumstances where an organisation can carry out DBS checks in secret. DBS applications are made by an applicant and countersigned by an organisation registered with the DBS. The applicant receives the DBS certificate. There would be no circumstances where the DBS would process an application without an applicant’s knowledge.

DebzinUS

Unless you are in Florida (maybe other States too?) in the case of an intentional tort, an employer is presumed not to have been negligent if before hiring the employee, the employer conducted a background investigation which did not reveal any information that demonstrated unsuitability of the applicant for the work to be performed.

md95065

Which was exactly my point. By conducting a background check the employer is protecting themselves from charges of negligence.

hungryhorace

Your arrest won't be on the PNC either. Only certain informations get entered on the PNC; simple arrests aren't one of them last time I looked into this. The local force will have a record of the arrest but that's it.

I really think you're worrying over nothing. You were innocent, no charges were ever brought. Enjoy whichever country you chose to live in.