When an individual is charged with a crime there are several different degrees of severity. Criminal offenses can range from a class 3 misdemeanor to a class 1 felony. In the unfortunate event that one of your employee’s background checks comes back with a record, we would like you to be educated as to how each conviction is classified. Every state classifies their own criminal records based on their own state specific laws. For example, what is considered a misdemeanor in Orange County, California could be a felony in Clark County, Nevada.
Misdemeanors:
There are three classifications of misdemeanor charges. A class 1 misdemeanor is the most serious, followed by a class 2, then a class 3 misdemeanor, which is the least serious conviction. Vandalism, shoplifting, trespassing, traffic crimes, DUI (first or second offense), criminal damage to property, disorderly conduct, resisting arrest, assault, and battery are all examples of misdemeanor crimes.
Felonies:
As with misdemeanors, felonies are classified by the degree of seriousness. There are six classifications of felony charges: Class 1, 2, 3, 4, 5, 6. A class 6 felony is the least serious, while a class 1 felony is reserved for the most severe crimes and punishments. Some examples of felony crimes include arson, robbery, rape, burglary, and homicide.
The classification of misdemeanor and felony in which an individual is charged is based on several factors, including whether they have a previous criminal record and the district in which the criminal is being prosecuted. Validity always recommends asking the following on your application, "Have you ever been convicted, pled guilty or pled 'no contest' to a felony, misdemeanor or traffic violation (excluding traffic tickets)?"
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