These examples are from the Council of State Governments’ Justice Center, Federal Interagency Reentry Council’s Reentry MythBusters series. Additional Mythbusters can be found on their website.
MYTH: Businesses and employers have no way to protect themselves from potential property and monetary losses should an individual they hire prove to be dishonest.
FACT: Through the Federal Bonding Program, funded and administered by the U.S. Department of Labor, fidelity insurance bonds are available to indemnify employers for loss of money or property sustained through the dishonest acts of their employees (i.e., theft, forgery, larceny, and embezzlement).
MYTH: An employer can get a copy of your criminal history from companies that do background checks without your permission.
FACT: According to the Fair Credit Reporting Act, employers must receive a person’s permission, usually in writing, before asking a background screening company to run a criminal history report for that person. If an applicant does not permit the background check, the potential employer may elect not to review his or her application for employment. If an applicant permits the background check and then is denied employment because of information in the report, the potential employer must follow several legal obligations to justify that denial. These obligations include providing applicants with the name, address, and telephone number of the company that supplied the criminal history report; advising them of their right to dispute the accuracy or completeness of any information in the report; and explaining that they have the right to request an additional free report from the same company.
MYTH: Employers are offered no federal income tax advantage by hiring an ex-felon.
FACT: Employers can save money on their federal income taxes through the Work Opportunity Tax Credit by hiring ex-felons.