Okay, so what do you think we should do? We have a client who has interviewed our candidate and really likes him. After two or three interviews, the client asks us to check the candidate’s references and to do a background check. Of course we agree and start the process. The employer also asks the candidate to fill out an employment application and of course, one of the questions is, “Have you ever been convicted of a crime?”

Of course we tell the candidate what we’re going to do and he tells us that a long time ago he had a DWI felony (more than three in a period of time). But he tells us that it doesn’t show up on any of the background checks that are done. Of course, we don’t really believe him. We have never known a felony not to show up in a background check. And now of course, we know he has one.

The candidate tells us that he got the last job with his company having done a background check and they didn’t find anything. He also informs us that he applied for and had his professional engineering license renewed and, from what we understand, a criminal background check is done when an engineering license is renewed.

We do both a state and national background search and nothing shows up. The felony he says he has is not reported by either the state or national criminal check. The candidate says, “I’m good to go. I’ll take the job!”

But he still has to fill out the engineering firm’s application which asks him if he has ever been convicted of a crime? He intimates that there is no reason to answer that question because the crime doesn’t show up on his record.  What should we do?

Keep in mind, now, that the client did not ask us about a felony. The client asked us to do a criminal background check and of course we obliged, both with a state as well as national check. We sent those to the employer. Again, what should we do?

Think about it…. Let you know next week!