Guilty
In the context of background screening, “Guilty” indicates that a court has found an individual legally responsible for committing a criminal offense. A guilty finding may appear on criminal background checks, depending on the jurisdiction and reporting limitations under the Fair Credit Reporting Act (FCRA).
Compliance note
- Employers must use conviction information in compliance with the Fair Credit Reporting Act (FCRA) and applicable state reporting limits.
- EEOC guidance advises employers to consider the nature of the crime, the time elapsed, and the job’s relevance before making decisions based on a guilty finding.
- Not all guilty verdicts are reportable; expunged or sealed records must not be included in employment background reports.
- Employers should provide pre-adverse and post-adverse action notices when taking employment action based on a criminal record.
Related Terms and Posts
Frequently Asked Questions
Q: What does “guilty” mean in a background check?
A: It means the individual was found guilty of a criminal offense in court. The conviction may appear on a criminal background report if it is legally reportable under FCRA and state law.
A: It means the individual was found guilty of a criminal offense in court. The conviction may appear on a criminal background report if it is legally reportable under FCRA and state law.
Q: Can a guilty verdict be used to deny employment?
A: Employers may consider convictions, but they must assess the nature of the offense, its relevance to the job, and how much time has passed, in line with EEOC guidance.
A: Employers may consider convictions, but they must assess the nature of the offense, its relevance to the job, and how much time has passed, in line with EEOC guidance.
Q: Do all guilty findings appear on a background check?
A: No. Expunged, sealed, or older convictions may not be reportable depending on state law and background screening limitations.
A: No. Expunged, sealed, or older convictions may not be reportable depending on state law and background screening limitations.
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