Last Updated on January 23, 2025

Implementing continuous criminal monitoring can be a game-changer for maintaining workplace safety and compliance, but what happens when it flags an active criminal charge? The stakes are high, and how an employer responds can have lasting implications for their team and organization. Addressing such alerts requires a careful balance of legal compliance, employee fairness and operational continuity. This blog post outlines the key steps employers should follow if their continuous criminal monitoring flags an active criminal charge.

Understand the Nature of Continuous Criminal Monitoring

Continuous criminal monitoring is an advanced security measure that goes beyond one-time background checks to offer ongoing surveillance of an employee’s criminal record. Unlike standard background checks, which are typically conducted only during the hiring process and may reveal a previous conviction, continuous criminal monitoring involves regularly updated checks to identify any new criminal activities employees commit. This approach ensures that employers are not just assessing potential hires but are actively managing risks throughout the employment relationship. 

Continuous criminal monitoring enables employers to receive real-time notifications when an employee is involved in criminal activity. This proactive approach helps employers maintain a safe workplace, protect company reputation, and meet regulatory obligations. However, it’s important to recognize that an active criminal charge does not equate to a conviction, and employers must handle such information with care.

Assess Workplace Implications

Employers must evaluate how the charge might impact the employee’s role and workplace safety. Considerations include:

• Job relevance: Does the charge relate to the employee’s job duties or responsibilities? For example, a DUI charge may be particularly concerning for a driver, but less so for an office worker.
• Safety risks: Does the charge pose a threat to colleagues, customers or company property?
• Regulatory compliance: Are there industry-specific rules requiring action based on certain charges?

Follow Fair and Consistent Procedures

It is critical to handle such situations consistently and in compliance with federal, state and local laws. Steps to follow include:

• Review company policies: Ensure that your response aligns with established protocols for handling criminal charges.
• Notify the employee: Discuss the alert with the employee and allow them to explain or provide context.

Comply with Legal Requirements

Employers must navigate a complex web of legal obligations, including:

• Fair Credit Reporting Act (FCRA): If the monitoring service qualifies as a consumer reporting agency, follow FCRA requirements, including notifying the employee and providing a copy of their rights.
• Ban-the-box laws: Ensure that any employment decisions are compliant with state or local regulations restricting how criminal records can be used in hiring or employment decisions.
• Anti-discrimination laws: Avoid actions that could lead to claims of disparate treatment or impact.

Communicate Transparently with Employees

Maintaining open communication fosters trust and minimizes misunderstandings. When discussing the flagged charge with the employee:

• Be empathetic: Recognize that a criminal charge can be stressful for the employee.
• Focus on facts: Stick to the specifics of the charge and avoid assumptions about guilt.
• Explain next steps: Clearly outline what actions the company will take and why.

MyHRScreens: Navigating When a Continuous Criminal Monitoring Shows an Active Criminal Charge

While initial background checks are essential for assessing potential hires, continuous monitoring offers ongoing protection by keeping employers informed of any new criminal activities committed by employees. By verifying information, assessing risks, following legal guidelines and communicating transparently, employers can manage flagged charges effectively while upholding fairness and compliance.

If your organization needs assistance implementing or managing a continuous criminal monitoring program, MyHRScreens is here to help! For more information on MyHRScreens’ screening services, contact us today at 866-899-8970 ext. 118, or klewis@myhrscreens.com. Or, schedule a convenient consultation below: