What are Examples of Criminal Records?
Clarifying Different Types of Criminal Records – Top 10 List
Let’s explore the top 10 most common convictions found on criminal background checks in the United States and get a better understanding of these criminal offenses. These offenses are part of criminal proceedings that can result in different penalties. This series of articles will delve deeper into conviction types, how they differ from state to state, the differences and subcategories of each, recidivism rates, and typical job functions that might need to be considered when this conviction turn up on a background check. From misdemeanors to more serious crimes, it’s everything you never wanted to know about the most common arrests and convictions on criminal background checks.
- Driving While Intoxicated
- Driving While License Suspended
- Possession of Marijuana
- Possession of Controlled Substance
- Assault Family Member
- Theft By Check
- Theft
- Evading Arrest/Detention
- Assault Causes Bodily Injury
- Aggravated Assault
Number 1 on our Top 10 List: DWI Criminal Convictions
Should you hire an employee with a background that includes a DWI conviction or an arrest record? Being objective may prove to be difficult for most of us, as statistics indicate as many as one in three (1/3) people are touched by an injury involving an alcohol-related auto accident. On the other side of the issue, a large percentage of people have, at some point, had that second glass of wine with dinner and proceeded to drive home. The hiring decision is always yours to make as a manager, but there are a few things to consider that might help you to make an objective and strategic move, as opposed to a selection that is based on a personal or emotional bias.
Each year in the United States, one per cent (1%) of all licensed drivers are arrested for DWI, more people than for any other crime. This is consistent with what we see at KRESS when we run background checks for employers. What does this mean to you as a hiring manager? The question boils back down to – whether you should hire an employee if their criminal record includes DWI charges. Each DWI conviction is part of a larger criminal case that needs to be considered.
While we do believe past behavior is a good predictor of future performance, the answer, as usual, is … it depends. One should consider the following factors when evaluating or creating your HR policy with regards to this type of criminal record: the circumstances of the conviction, essential job functions of the individual’s potential position, and recidivism rates for this type of offense.
The circumstances of the conviction are one very important factor to take a look at when making a hiring decision. Information regarding the actual circumstances that lead to the conviction will generally be uncovered through direct interview questions. Let’s take a look at two examples, from real life. Two people each have the same conviction for DWI in Texas; it is the first offense for both of them. Both of their criminal convictions fall under the category of a Class B Misdemeanor. They each recounted the following events, when talking about what happened.
“Jill” related the circumstances regarding her conviction to you. She has never been in any other trouble with the law. She was at a restaurant six months ago and had been served a few glasses of wine. She decided she would arrange a ride home, since she felt she might be impaired. When her ride arrived, she was instructed to move her car into a parking space on the side of the building, in order to leave it overnight. A policeman overheard this conversation and waited for her in the street out front. When she backed out of the parking lot to move her car, she was arrested and cited for DWI. The officer testified at her hearing that she was moving her car, and had arranged a ride home. She did not seem impaired but registered a 0.08 for breath alcohol level.
“Jack” related the following circumstances regarding his conviction to you. He also had never been in any other trouble with the law. He had overcelebrated his birthday two years ago and was driving home. He fell asleep behind the wheel and woke up as he was running a red light. He narrowly missed causing a major accident, and was pulled over by the county sheriff’s department. He called an attorney, who advised Jack not to participate in field sobriety tests or breathalyzer analysis. Based on your own personal experience as an employer, it may be difficult to decide whether to hire one, both, or neither of these employees.
Making an Objective Hiring Decision: Applicant with Driving While Intoxicated and Criminal Background Checks
Most hiring managers are usually guided by policy when excluding job applicants or hiring employees, but in many cases these same hiring managers are charged with creating or updating policy. The two cases above illustrate how the exact same conviction can actually be the result of very different behavior on the part of the individual. Likewise, intoxication manslaughter is a much different offense than refusing a breathalyzer test, but they are both ultimately DWI convictions. Now let’s take a look at what this applicant will potentially be doing for your company if you decide to hire them.
One of the main criteria one should consider is the types of tasks that the employee will be doing while performing the essential daily functions of his or her job and also the individual qualities that make different employees successful in any given role. If the position you are screening for is a driver, then it is probably an easy decision to make. However, when making hiring decisions, one should also consider other positions that will have the employee driving to and from client sites, transporting your customers or other staff members, and/or traveling to other markets in a regional territory.
Other factors to consider when making a hiring decision are your company’s auto insurance rates, as well as your own liability, and your company’s liability when and if you hire someone with this particular background. If the employee is not behind the wheel of your company vehicle and/or is not driving his or her own vehicle in order to complete work-related tasks, then there is minimal liability. If driving is an essential part of this person’s job, then one should take a serious look at the applicant’s driving record, as a matter of due diligence. One final factor to consider while making a hiring decision is the rate of recidivism for DWI offenders.
Unfortunately, the rates for recidivism for persons convicted of this offense are unusually high. When one begins researching and compiling data, the penalty classifications for first-, second-, and third-time offenders stand out right away. Recidivism data varies by state, and while there are many factors affecting recidivism rates for DWI convictions, the most common factor in determining whether a person will be convicted of DWI more than once seems to be court-directed education and/or counseling. For first-time offenders, there is a thirty-five percent (35%) chance that the person will be convicted again for DWI at some point in their life, but the recidivism rate drops down to five (5%) when the person participates in a court-directed educational or counseling program.
Since this is the most common type of conviction result that we see when completing background screenings, a partial list of recommended employment assignments is attached. As always, we welcome your stories of positive or negative instances of hiring these types of employees. We will withhold any personal or company names if we publish your anecdotes in our blog.
This partial list of suggested employment roles for persons convicted of DWI is by no means comprehensive. If you are looking for a particular skill set or profession that is not mentioned, is not an indication that it was deliberately excluded:
Professional:
- Accounting/Finance
- Retail Management
- Production/Manufacturing Management
- Inside Sales
- Legal (Attorney, Paralegal, Etc.)
- Healthcare
- IT
Clerical:
- Receptionist
- Bookkeeper
- Dispatcher
- Librarian
- Copy Writer/Editor
- Call Center
- Bank Teller
- Help Desk
Skilled Trades:
- Welder
- Assembly/Production
- Sous Chef/Grill Cook
- Machinist
- AutoCAD Draftsman
- Roughneck/Offshore
- Painter/Sandblaster
Entry Level:
- Hospitality
- Cashier
- Retail Associate
- Restaurant
- Customer Service
- Housekeeping/Janitor/Maintenance
This partial list of suggested excluded employment roles for persons convicted of DWI is by no means comprehensive. If you are looking for a particular skill set or profession that is not mentioned, it is not an indication that it was deliberately excluded:
- Driver
- Chauffer
- Wrecker Driver
- Heavy Equipment Operator
- Outside/Regional Sales
- Food Delivery
- Regional Manager
- Field Service Technician
- EMS
- Police Officers
- Fireman
- Plumber
- Census Taker
- Crew Leader: Construction/Moving/Landscaping
FAQs:
What is a Criminal Record or Criminal History?
A Criminal Record or Criminal History is a collection of information about an individual's past criminal convictions, arrests, and other interactions with law enforcement agencies. This record may include details such as charges, court appearances, sentencing, and any other relevant information related to the person's involvement in criminal activities. A criminal record is often used by prospective employers, landlords, and other organizations to assess an individual's character and potential risks before making important decisions.
Why are certain jobs excluded for persons convicted of DWI?
Certain jobs are excluded for persons convicted of DWI (Driving While Intoxicated) due to safety concerns and potential risks associated with these positions. For example, jobs that involve operating heavy machinery or vehicles could pose a danger to both the employee and others if they are under the influence of alcohol. Additionally, positions that require a high level of responsibility and public trust may also be excluded for those with a DWI conviction, as it could reflect negatively on their character and reliability.
What is the criminal justice system?
The criminal justice system encompasses the institutions, policies, and practices aimed at maintaining social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts.
What constitutes violent crimes and felony crimes?
Violent crimes involve force or the threat of force against others, including homicide, assault, and robbery. Felony crimes are serious offenses that typically carry more severe penalties, including violent crimes, certain drug offenses, and major thefts.
What are the potential consequences of a felony conviction?
Consequences can include time in county jail or prison, probation, community service, and significant fines. Felony convictions may also result in a loss of certain civil rights.
What impact do past convictions have on an individual’s future?
Past convictions, particularly felonies, can impact many aspects of an individual's life, including employment, housing, and civil rights. A rap sheet, which lists past convictions, can be accessed in certain legal and professional contexts.
What is a sex offender registry?
The sex offender registry is a public record system that tracks individuals convicted of sex crimes. It includes personal information and the nature of the crime, intended to inform the community and prevent recidivism.
How does the penal code classify other crimes?
The penal code provides a comprehensive classification of crimes, from minor violations to serious felonies, each with specified penalties, including fines, community service, and jail or prison time.
What information is available through public records?
Public records can include such information on any criminal proceeding, final dispositions of cases, court judgments, and sometimes, details of past convictions, depending on privacy laws and regulations.
What factors influence a judge’s sentencing decision?
A judge considers several factors when determining a sentence, including the nature and circumstances of the crime, the defendant's past criminal record, the impact on the victims, and any mitigating or aggravating circumstances.
What are the possible outcomes of a criminal trial?
The outcomes can include acquittal, where the defendant is found not guilty; sentencing, if the defendant is convicted; or sometimes, a mistrial if the jury cannot reach a unanimous decision. Sentences can include fines, community service, probation, or imprisonment (jail time).