Background checks importance

posted on December 24th, 2013 by in Audio, Free Download

A good reason for thorough background checks is to avoid negligent hiring claims. For example, one employer failed to obtain a background check in a job opening when she learned about a drug addiction. The company was forced to fire her for cause.

Also, it’s not unreasonable for an employer to seek to remove a current employee with a felony conviction, especially if the employer suspects the employee could become violent. This kind of conviction is one of the three or more serious offenses listed on the federal Brady Handgun Violence Prevention Act. This law requires background checks of all gun sales and transfers.

An employee who refuses a background check will not be able to receive a firearms permit from the Bureau of Alcohol, Tobacco, Firearms and Explosives, a government agency, as long as the FBI is investigating, and that’s why companies use professional services for background checks so they can know everything on their employees is in order.

In Texas, the state’s current statute provides for a right of appeal to the Texas Criminal Justice Commission. An employee may be suspended without pay for up to 180 days for a felony conviction, and a state employee who is convicted of a felony may be removed from office upon conviction.

A new Texas law, Senate Bill 549, signed into law on May 9, 2014, requires state employees to register as sex offenders after a sex offense conviction. A new federal law, the Megan’s Law, signed into law on December 18, 2009, allows anyone convicted of a sex offense against a minor to be prosecuted as an adult and requires states to inform the National Sex Offender Registry of convicted offenders. The federal and state registration laws are not uniform.
In states where registries are not required, some offenders remain on the state’s registry, while others can apply for cancellation. However, the federal law requires the cancellation of registries after a 10-year period.

Child sex offenders (usually referred to as sex offenders) face various criminal penalties under a wide variety of state and federal laws. Depending on the offense, a state might require a sex offender to register as a sex offender, be subject to a financial penalty, or be prohibited from living in certain areas. Most of the sex offenses that a state or federal sex offender might be convicted of are “statutory” (criminal in nature), which means that the state laws create the statutory offense but that a federal law governs the sentencing. Statutory sex offenses include child molestation, rape, and sexual battery. The most serious sex offense that a state or federal sex offender might face is a life sentence in prison. As noted above, sex offenses in the state of Virginia can result in a sentence of life imprisonment or death. If you are charged with or convicted of a sex offense in the state of Virginia, please be sure to contact a local attorney in the state.


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