Information to assist UC Davis departments in understanding the criminal background check process and roles and responsibilities.
Departmental Roles and Responsibilities
- All recruitment information (including job postings), announcements, and position descriptions must contain the following statement if a background check is required:
- “This position is a critical position and subject to a background check. Employment is contingent upon successful completion of background investigation including criminal history and identity checks.”
- The background check must be completed before a final candidate is appointed to, or begins work in a critical position.
- Departments at UC Davis Campus are responsible for properly identifying positions that are deemed critical by completing the Background Check Worksheet. This worksheet has been developed to assist hiring authorities determine which positions are deemed “critical” and thus subject to a criminal background check based on PPSM 21 Selection and Appointment.
Role of the UC Davis Police Department
NOTE: The majority of critical positions now require a Universal Background Screening rather than a LiveScan background check. Refer to Background Checks Overview for more information.
- Schedule appointments for and conduct criminal background checks (fingerprints) at its stations in Davis campus and in Sacramento for final candidates and employees in positions that require Live Scan, the background check process administered by the Department of Justice/Federal Bureau of Investigation.
- House and maintain the Live Scan equipment.
- Train designated personnel in the rules, responsibilities, and procedures related to LiveScan.
Background Checks Resulting in “Not Cleared”
Refer to Background Checks Overview for additional information.
- Final Candidates Who Do Not Clear Their Background Check: If a final candidate does not clear their background check, the department is notified by Human Resources. The conditional offer of employment is rescinded by the Talent Acquisition Partner. The department can then discuss options with their Talent Acquisition Partner, such as consideration of the second top candidate, if applicable, or resuming recruitment. The Talent Acquisition Partner can notify the final candidate that the conditional offer of employment has been rescinded, unless a department has been communicating with the final candidate and prefers to do so. NOTE: The candidate will have already been notified that they did not clear the background check for this particular position during the interactive background check review process.
- Current Employees whose Background Contains Criminal History: The Background Check and Policy Administrator in Human Resources performs an individualized assessment about how the information relates to the employee’s duties of their current position or position they have been offered. If the individualized assessment determines that the criminal conviction history may disqualify the employee, the employee is notified in writing and provided an opportunity to respond and provide information about the situation. Any response from the employee is incorporated into the final assessment and determination on whether the employee is or is not cleared for the position.
- Employees Who Do Not Clear Their Background Check: If an employee does not clear their background check, the department is notified by Human Resources. The department consults with their Employee Relations Consultant. An employee who does not clear their background check will not necessarily result in loss of employment due to the criminal history in their background check. As an example, an employee who is a finalist for a promotion or different position that was designated as a critical position may have to remain in their current position, which is not a critical position.
Subsequent Arrest and Conviction Notification Process
For employees who undergo a criminal background check via LiveScan, Human Resources will receive ongoing notifications regarding subsequent arrests and convictions/dispositions for the duration of their employment.
- Subsequent Arrest and Conviction Procedure: The Background Check and Policy Administrator reviews LiveScan notices about subsequent arrests and convictions, performing an individualized assessment about how the information relates to the employee’s position and duties. Based upon the initial assessment, the Background Check and Policy Administrator may works with Employee and Labor Relations (ELR) to determine any next steps. Refer to the Background Checks overview page for further information. The department and employee may be engaged as appropriate based on ELR guidance.