Name-Based Criminal Checks for Non-Security- or Safety-Sensitive Positions

Under Arizona Revised Statute 15-1649 and The University of Arizona’s Pre-Employment Screening Policy 103.1, the finalist for positions not designated as security or safety-sensitive will be subject to a name-based criminal background check. Employment is contingent upon the satisfactory outcome of the criminal background check.

Name-based criminal background checks shall be conducted on outside finalists for new positions as well as individuals currently employed by the University who are hired, transferred, promoted, or reclassified into a non-security- or safety-sensitive position. A Department of Motor Vehicle (DMV) check will also be conducted in conjunction with the criminal background check.

When a finalist for a change of position (such as transfer, reassignment, or reclassification), or a finalist previously employed by the University has had a name-based or fingerprint-based criminal background check within the past twelve months, Human Resources may exempt the department from conducting a duplicate check at the time of the internal change or rehire.

Regular and graduate student employees, affiliates, associates and volunteers are not subject to criminal background checks unless they are performing in a security- or safety-sensitive position.


Name-based Criminal Background Check Procedures

  1. When completing the on-line Career Track job requisition, the hiring department shall indicate on the job requisition that a name-based criminal background check is required.


  2. When a finalist accepts the job offer, the finalist shall receive and sign a letter of offer that includes a statement that reads, “employment is contingent upon the successful outcome of all pre-employment screening and criminal background checks”.


  3. New employees are also required to sign and complete the “Notification of Policies” form located in the new employee packet, which also includes criminal background checking requirements.


  4. After a finalist accepts a job offer, the hiring department shall change the finalists’ status designation from “Interviewed” to “Offer Accepted - Initiate Background Check” in the Career Track system. This will generate a notification to Human Resources to begin the name-based criminal background and DMV check.


  5. Upon change of the Career Track status by the hiring department, Human Resources will generate an email or contact the finalist by phone to notify him/her to complete the on-line consent and disclosure form.


  6. Human Resources will then submit a request for a criminal background check to the approved vendor.


  7. The department will be notified by email when the criminal check has been initiated and will be provided instructions about payment method.


  8. The vendor will conduct a background check of DMV, SSN, sexual offender and criminal conviction records. The average turnaround time is two or three business days.


  9. Human Resources will receive the results of the criminal background and DMV records check and will notify the hiring department as described below.


    1. No Relevant Adverse Information Uncovered
      If the information received from the criminal and DMV records does not indicate a need for adverse employment action, the hiring department will receive an email notification that the finalist is eligible for hire. The hiring department shall forward the appropriate hiring documents to Human Resources or the Office of the Provost (as applicable) for processing. (If there is an urgent need to begin the hiring process, departments may submit new hire documents in advance if the consent and disclosure form has been received by Human Resources.)


    2. Adverse Information Uncovered
      If relevant adverse information is confirmed, Human Resources will contact the dean, director or department head to determine if adverse information could disqualify the finalist from further consideration. Human Resources will also notify the finalist of their right to review the report information and submit an appeal as provided under the Fair Credit Reporting Act.

      If the finalist is not eligible for hire, Human Resources will notify the department as to action to be taken and advise the department about selecting another candidate or reposting the position as appropriate.



Assessing Criminal Conviction Information

Evidence of criminal convictions or other adverse information will not automatically disqualify a finalist from consideration. When considering whether to employ an individual with a criminal history, Human Resources may confer with the hiring authority to determine if the information will disqualify the finalist for employment. Considerations include relevance of a criminal conviction to the job duties to be performed, the nature and seriousness of the offense, the finalist’s work history since the conviction, the date of the most recent offense and the truthfulness of the information provided by the finalist.

August 1, 2006