Can I appeal a decision by the Background Check Committee to reject my employment?

Yes.  If you receive a letter from the Background Check Committee that you are not recommended for employment, it will contain instructions on the appeal process.  It does happen that there is additional information that was not available to the committee at the time of the initial decision.  We give potential employees an opportunity to provide that information through the appeal process, and will carefully consider it.

Are there certain kinds of convictions that will automatically preclude hiring or promotion into a sensitive position?

Individuals with convictions for theft, embezzlement, identity theft or fraud cannot be hired into positions with fiduciary responsibilities. Convictions for child molestation and other sex offenses will automatically preclude an individual from employment that involves direct unsupervised contact with students, outreach programs, or access to residence facilities. Workplace or domestic violence, or other convictions for behaviors that would be inappropriate for specific jobs may also be grounds for denial of employment/promotion. This list is not inclusive, but serves to illustrate the decision-making criteria.

How long does it take for the Background Check Review Committee to make its decisions?

The Committee typically completes its review within seven days of receiving notification of a Department of Justice (DOJ) and Federal Bureau of Investigations (FBI) background check with convictions, not seven days from being fingerprinted.  Occasionally there are delays in receiving DOJ and FBI information.

If there is a nexus between the conviction history and the job duties, the individual may not be recommended for employment.  Examples include convictions for theft, embezzlement, identity theft or fraud and job duties that have fiduciary responsibilities or access to personal information. Convictions for child molestation and other sex offenses will automatically preclude an individual from employment that involves direct unsupervised contact with students, outreach programs, or access to residence facilities.   These illustrate the decision-making criteria.

Does a conviction automatically preclude an applicant from employment or a current employee from a reclassification or promotion?

No. Berkeley does employ individuals with conviction histories.  If there is a conviction, the Background Check Committee will review it in the context of the job responsibilities and make the final determination regarding the individual's suitability for employment in the position. The Review Committee may recommend additional controls that a department would need to implement before employing, promoting, or reclassifying a person to the position. Consideration will be given to the specific duties of the position, the circumstances of the offense(s), and whether the convictions were disclosed in advance by the applicant.

Does the Background Check Review Committee have final decision-making authority regarding the suitability of an individual for employment in a sensitive position?

Yes. The Committee reviews all background checks in which convictions are found and makes the final determinations regarding the suitability of individuals for specific positions.