Statistics show that 1 in 4 Americans has a criminal record that shows up during routine background checks. Having a criminal record is a major strike when it comes to employment and renting, even for minor offences.
A recent suit in Pennsylvania involves just that. Tyrone Peake, 52, states that he has been fired from three jobs because of his criminal record that is 32 years old. When he was a young teen, Peake was arrested for attempting to steal a car. Because he was just “along for the ride,” Peake only got probation. However, 32 years later that charge is still following him and greatly effecting his life. Since his brush with the law, Peake has gone to school and worked as a part-time counselor for men who are addicted to drugs and/or alcohol. However, the law currently prohibits him from working full-time in a nursing home or long-term care facility because of his single criminal conviction years ago. According to Peake’s lawyer, Tad Levan, “It is an absolute bar that lasts for life and covers any position in any covered facility.” Levan is working with Peake and others like him to overturn the Pennsylvania law which is known as the Older Adults Protective Services Act. He explains that the law currently has no provision about “affected individuals” proving that they are capable and fit for the job.
While Levan acknowledges that elder abuse is a real problem, he also things that the law is arbitrary and works against people like Peake who are not the actual problem. Advocates claim that this law bars as many as 200,000 individuals from employment in Pennsylvania. Experts say that the value of a criminal record is in predicting future crime. However, they state that this value vanishes four to seven years after a single conviction. Despite having no real prediction value, these convictions are still showing up 20 and 30 years later. Levan concludes that business owners should be able to decide who they hire, and should not be forced to refuse to hire someone just because they have a criminal background mark that is 30 years old and has not been repeated.
Surprisingly, the law was already declared unconstitutional by the Pennsylvania Supreme Court 14 years ago, however Legislature has not fixed it which leaves many employees in “limbo.”
Conducting a Through Criminal Background Check
When hiring a new employee it is crucial that you run a thorough background check. A background check performed through a reputable company like CheckPoint Screening can reveal a wealth of information on a candidate, such as credit and criminal history. While you may shy away from hiring a convicted criminal, a thorough background check can reveal details that will help you make the most informed decision.