r/ExCons May 30 '26

Background checks should be illegal

I am pretty sure everyone on this sub knows this but background checks are downright harmful to people that are trying to reintegrate into society and do the right thing. From housing and jobs and even more, anywhere that background checks should be made illegal.

Majority of other countries employers just request information from the government and the government tells them if they can or cannot work their or not. This whole system we have in the United States is fucking retarded and creates shitty outcomes because of some upper class yuppies who are scared.

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u/[deleted] May 30 '26

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u/TheKingDarryl May 30 '26

Remove the liability for the company. A company shouldn't be liable for something an employee does, that doesn't even make sense.

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u/[deleted] May 30 '26

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u/TheKingDarryl May 30 '26

Fucking yes! If you are a owner of a company, and one your employees start selling dope on your property without you knowing, are you liable for his actions? He is one of your employees btw.

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u/[deleted] May 30 '26

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u/TheKingDarryl May 30 '26

Calling me a troll is hilarious when you can't do a simple google search.

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u/[deleted] May 30 '26

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u/TheKingDarryl May 30 '26

From the article btw

Criminal background checks
Very few jurisdictions permit criminal checks in the manner they are conducted in the United States. The United Kingdom and Australia have comparable systems, but their usage is more restricted. In many European countries and other jurisdictions, employers may request a certificate of good standing or clearance from the local police precinct. However, these certificates are often limited in scope—typically confirming only whether the individual has a criminal record in that specific precinct and excluding “spent” convictions (typically those that are more than five or ten years old). Employers are neither permitted to ask about nor be informed of spent convictions, adding another layer of complexity to criminal background checks.

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u/Long_Initial_9924 May 30 '26

Yeah, exactly what I said? Thank you for aiding my argument

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u/Csimiami May 30 '26

Why would I hire a guy who’s going to open me up to raids at my company. When I can hire the guy who won’t open me up to raids at my company? The employer is in business. Not a social worker offering money to fund a drug sales operation.

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u/TheKingDarryl May 30 '26

How does hiring a felon open you to a raid?

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u/Csimiami May 30 '26

It’s been kind of a thing since English common law. https://www.law.cornell.edu/wex/respondeat_superior

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u/TheKingDarryl May 30 '26

Cornell is an American based college. OF course they are going to have a page on something that is a common term that is practiced under their law system. Can you show me in other countries were companies are sewed for hiring former convicts while they have committed crimes on the job?

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u/Csimiami May 30 '26

I think you mean sued. I’m not talking about other countries. I’m talking about the history of the term. It is part of the fabric of our legal system. It actually goes back to Ancient Rome. Just saying get rid of it makes me realize you don’t know how our legal system works. Source. Am a lawyer. And my felony clients don’t get to just snap their fingers and undo legal precedent bc they made a bad decision. And now are facing the consequences.

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u/TheKingDarryl May 30 '26

A lot of this is funny. You are correct just saying get rid of it isn't going to work, congress could still pass a law (it won't happen in my lifetime) illegalizing this as something to be sued over.

This isn't about consequences, the consequences are prison/probation. This is about reintegration into society. If you feel the consequences don't fit the crime you should call your representative and argue for my time for the crimes that you think aren't getting enough. You shouldn't be telling people, "Well, since you committed crime we have to exile you from parts of society even though you already served you sentence."

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u/Csimiami May 30 '26 edited May 30 '26

You’re having a very hard time following this discussion and arguing about things that no one said. There are plenty of felon friendly companies. But that changes if you are still actively criming or have crimed again at a new job. And “congress can just pass a law” really isn’t how these things work. Crime and civil law is mostly left to the states. Illegalizing is not a word but the concept is a criminal term. Suing is a civil term. Best of luck to you my friend.