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Success in any activity, first of all, depends on the loyal and devoted attitude of the team. Therefore, when attracting new specialists or working with already seemingly proven persons, the employer must be aware of the possible risks that such recruitment may entail. Among them is the possible existence of a criminal record, therefore order a certificate of criminal record will be a logical step.
The legality of checking an employee's criminal record
Conviction is a limitation of a person's rights as a result of his conviction for a crime. In the case of the initiation of criminal prosecution, but the absence of a court decision on the initiated criminal case, the defendant is not considered convicted.
Important: The existence of a criminal record in a person closes certain types of labor activity for a person, even if it corresponds to an available vacancy, or a position already held.
The range of directed activities excluding the employment of persons with a criminal record:
• military and civil service.
• work in law enforcement and law enforcement structures.
• activity in the judicial and advocacy corps.
• work in transport security units.
• pedagogical activity.
Conviction of a person during the period of his employment in the specified spheres excludes its further implementation.
In the case of hiring a citizen for a position related to these categories, the employer is authorized to check him and reject him for employment if he has a criminal record.
Check options:
• Request for a certificate from a person - cases in which a potential employee must provide the employer with the original of the specified document from the Ministry of Internal Affairs, determined by Article 65 of the National Labor Code. The validity period of the certificate is not limited, which excludes the repeated demand of the specified document by the employer.
• Open sources, incl. old databases on disks - the databases of the Ministry of Internal Affairs "Search", FSIN "Attention, search", FSSP "Persons wanted on suspicion of committing crimes", the Internet - the resource "Unified Register of Search", GAS of the Russian Federation "Pravosodye".
• Illegal - the most reliable, but at the same time, the executor is brought up to the point of criminal liability.
Having examined a person for the presence of a criminal record once, the employer should not neglect this procedure in the future. The reason is the long period of Russian judicial proceedings, which negatively affects the actualization of any resources, as well as the possibility of employees committing illegal acts already in the course of work. Based on practice, it is best to check the summary data annually.
Thus, it is possible to check the applicant or working specialist for a criminal record or its absence via the Internet. However, the optimal option continues to be obtaining a document confirming a criminal record from the Ministry of Internal Affairs.
