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Over the years we have written a number of articles for newsletter, associations, and seminars. We have began to archive them here to make them available to the general public. Felons on the Payroll
David L. Basham

In recent weeks the media has made us aware of companies, who have convicted felons on their payroll. These felons hold positions of public trust. Examples have been security personnel, day care workers, assisted living attendants, and school bus drivers. Many persons have asked, "How could this be possible? Weren’t background checks done on these employees?" Basically, there are two answers to this question. The first answer is no! There are many persons working in positions of public trust, who were hired without any type of background investigation. The company made a decision not to expend any funds to verify the identity or background of the persons being hired.

The second answer is yes! Many of these companies paid the market price for a pre-employment background investigation. The agency that conducted the investigation submitted a report to the employer, stating that the applicant did not have a criminal history. The employer, in good faith, hired that applicant. Now, the employer is shocked to discover the person who was hired, is a convicted felon.

We are back to the same question, "How could this be possible?" Many of the agencies that conduct background investigations will send their investigator to the Superior Court in the county where the applicant claims to reside. The investigator checks the index at the Clerk of Court’s Office. If there are no records located, the agency reports, "No criminal record found." A very large percentage of the applicants know that this is the procedure. Consequently, the applicant will provide a residential address in Cobb County. The Clerk of Court, Superior Court, Cobb County, may not have any records on this person. However, the Clerks of Court in Fulton, Dekalb, and Clayton Counties, may all have records on this applicant.

Over the past months I have encountered numerous companies that fell into this second category. They had a written report, from a reputable agency, stating that their applicant did not have a criminal record. When I checked the backgrounds on these employees, I found that a large percentage were convicted felons. Several of these employees were fugitives, and had outstanding arrest warrants. What did I do that was different from the other agencies? I ran a State Wide Criminal History.

I encourage each, and every, employer to conduct background investigations on their employee applicants. Further, I strongly recommend that you obtain a State Wide Criminal History on each prospective employee.