Times Of Swaziland: GETTING THE PAST RIGHT

GETTING THE PAST RIGHT
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BY PRUDENCE  HLATSHWAYO on 08/11/2017 04:19:00


WHAT should I do if an applicant’s criminal record check has revealed details
of past cautions and/or convictions?
In most professions it may be clear that a particular applicant is unsuitable
for the post they have applied for because of their past criminal record. For
instance a paedophilia may not be allowed to come near children according to
social work practice. However, it is important not to make these assumptions
without gathering more accurate information.
In general, it will not be clear whether a person is suitable until questioned
further. Therefore, it is important to carry out a risk assessment to inform
your final recruitment decision. It is a common occurrence to have discrepancies
between the information provided by the applicant and the information on their
criminal record check.
Thus, as employers consider what information should you consider when
determining whether an applicant with a criminal record is suitable for the post
applied for? Have knowledge on how should you carry out a risk assessment? Do
you have examples of criminal record risk assessment forms available? Sometimes
some professions like social work consider it a duty to inform others in your
organisation about an employee’s criminal record.
The relevant categories of offences in relation to the protection of children
are generally considered to be serious, violent, sexual and drug-related,
although the nature of the offence is not the only factor that ought to be
considered. A person with a previous history of drug-related convictions who has
clearly moved on from that period may be particularly well-suited to support
others with substance misuse problems. They should not be discounted on the
basis that they have drug-related convictions.
Possibly you had a ‘youthful indiscretion’ that led to a night in jail or
something more serious occurred that led to prison time. Involvement with the
criminal justice system can impact the opportunities for someone seeking a
licence to pursue a career. In recognition of this challenge to eliminate the
negative impact of upfront criminal background questions in employment
applications, smooth transitions can look into developing interventions and take
the issue to be a priority for many policymakers’ agendas.
Many occupational licencing boards and employers are witnessing increasing
applications from persons with substance use-related offenses or other felonious
offences, ensuring that questions of criminal background are not disappearing.
This has become an ethical dilemma.
Are you barred from working in the behavioural health field if you have a
criminal conviction? Not necessarily. Social work practice believes in personal
change and growth, so licensing boards for these professions is often very
understanding, but also realistic, and aware of their responsibility to focus on
public protection, not the needs of an individual applicant or licensee. The
reality of additional review and decision making about the past can be difficult
to accept because the applicant believes she/he knows her/himself and fully
expects that the past is in the past.
‘What occurred before will not occur again’. While that type of confidence
is important, a case must be made that there will be no reoccurrence. There are
some steps you can take to improve your opportunity to work in the field of your
choice even if you have a criminal conviction.
The first step is to understand what your jurisdiction requires, such as the
type of background check or disclosures of current or prior involvement with the
criminal justice system.
The reality though, is that obtaining a licence is not a guarantee of
employment. Each employer has a responsibility to assess the background of a
potential employee and determine whether it is appropriate for its workplace.
Under normal circumstances an employer could impose a higher standard than the
state board, based on the type of crime committed or the work the licensee is
expected to perform.
While the past cannot be erased, sometimes ‘disclosure’ can help improve
your opportunity to obtain employment because of your honesty. Most employers
are quick to assume that when an applicant has not declared a criminal record
that later comes to light on a disclosure certificate it is an attempt to
deceive the employer. If it is completely clear, from an early stage, that an
appointment is likely to be subject to a basic, standard or enhanced disclosure
check, applicants will be far less likely to conceal their records deliberately.
If there has been a failure to disclose, it is important to establish why!