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QUESTION: What is your agency's policies and/or procedures regarding pending determination of charges found on background checks where if the individual was found guilty it would prevent them from being eligible for hire based on IAC 460. More specifically, does your agency hire the individual(s) and then monitor the outcome or do they wait to hire them until the case/charges are determined? This can certainly be an uncomfortable situation, but, if the person has not been convicted, we can NOT treat them as though they were convicted. Since the background check is done post job offer, there is not a nondiscriminatory reason to rescind the job offer. We would let the person know that if they are convicted of the crime they would be discharged and then we would monitor the case until a determination is made. Here is our policy on criminal background checks. Depending on the severity of the charge we do not use pending arrests only convictions. If in doubt we would decide to pass rather than hire them on and then monitor. We do not hire if charges are pending. For us it depends on the severity of the charge. If it a misdemeanor charge, we would hire them and monitor until resolved. If is a felony charge, they are not hirable regardless. This information is a compilation of suggestions, ideas, and opinions shared by INARF Members in response to the featured question. This information should not be considered official interpretation or guidance of State or Federal Policy. Additionally, statements within this document do not necessarily reflect an official position or opinion of INARF.
QUESTION: What is your agency's policies and/or procedures regarding pending determination of charges found on background checks where if the individual was found guilty it would prevent them from being eligible for hire based on IAC 460. More specifically, does your agency hire the individual(s) and then monitor the outcome or do they wait to hire them until the case/charges are determined?