A Critical Note On Applicant Or Employee Background Checks

Preamble

I have recently seen a background check report of an employee ordered by the employer of that employee. I will, for understandable reasons, not divulge any further details here. But do not get me wrong. I am not against background checks.

A Background Report

It was a nationwide criminal background check, which included sex and violent offender registry search.

Surprisingly, this report showed an “HOV VIO” (high occupancy vehicle lane violation) “Offense” classified as an “INFRACTION” committed almost 10 years ago and disposed as “GUILTY”.

A Case Of Overcriminalization In The US?

This background report raises immediately several questions:

1.       Why is an “HOV VIO” classified as a “criminal offense”, which seems to be absurd especially if no accident or damage or injury resulted from it?

2.       When do actually such minor "INFRACTIONS" records get expunged in the US? After 10 years?

There is a serious debate about the subject in the USA of Overcriminalization in the US especially federal Overcriminalization of trivial behaviors/actions etc. entrapping innocent, unwitting people.