NCJ Number
94732
Journal
Journal of Security Administration Volume: 7 Issue: 1 Dated: (June 1984) Pages: 15-21
Date Published
1984
Length
7 pages
Annotation
Legal and ethical constraints on the use of public records and the impact these records might have on the employment of convicted offenders are examined.
Abstract
Criminal histories are of four types: (1) histories of charges made against individuals; (2) conviction information; (3) nonconviction information; and (4) integration of arrest, conviction, and nonconviction records into a comprehensive document. The private sector's interest in access to criminal history data is aimed at maintaining company security and at minimizing business risks. A survey of 53 jurisdictions (50 States, the District of Columbia, Puerto Rico, and the Virgin Islands) revealed that many jurisdictions prohibit disclosure of nonconviction information to the private sector; 12 prohibit disclosure of arrest records. The responsibilities of private-sector firms that obtain criminal histories are outlined, including (1) verifying the accuracy of the information, (2) providing adequate safeguards for the criminal history information, and (3) allowing an employee or a potential employee to review and respond to records concerning criminal history data. It is concluded that privacy protection concerns will not disappear; therefore, the private sector should be prepared to deal with the restrictions imposed on criminal history data and to formulate employment screening policies and processes accordingly.