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
- Schedule appointments for and conduct criminal background checks (fingerprints) at its stations in Davis campus and in Sacramento for final candidates and employees via 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 Live Scan.
Background Checks Resulting in “Not Cleared”
- Final Candidates Who Do Not Clear Their Background Check: If a final candidate does not clear their background check, the department will be notified by Human Resources. The conditional offer of employment will be rescinded by the Talent Acquisition Partner.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 another 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 The Talent Acquisition Partner can notify the final candidate that the conditional offer of employment has been rescinded, unless a department has been communicating with the final candidate and prefers to do so.
- Current Employees whose Background Contains Criminal History: The Background Check and Policy Administrator in Human Resources performs and individualized assessment about how the information relates to the employee’s duties of their current position or position for which they are a final candidate. When the Background Check and Policy Administrator determines that it may disqualify the employee, the employee is notified in writing and provided an opportunity to respond and provide information about the situation. A response from the employee is reviewed and a final determination is made about 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 Live Scan once cleared in the system, Human Resources will regularly receive information regarding subsequent arrests and convictions/dispositions for staff and student employees continuing to occupy critical positions.
- Subsequent Arrest and Conviction Procedure: The Background Check and Policy Administrator reviews LiveScan notices about subsequent arrests and convictions. The Background Check and Policy Administrator then performs an individualized assessment about how the information relates to the employee’s position and duties. Based upon the assessment, follow up with the department and employee may be undertaken. Employee and Labor Relations assists with the appropriate next steps and appropriate action based upon the circumstances.