The Criminal Conviction Declaration serves as a standardized method for organizations to collect information about an individual's criminal history in compliance with U.S. federal and state regulations. This document is typically used during the hiring process, after a conditional offer of employment has been made, or when required for regulatory compliance in certain positions. The declaration must be carefully designed to comply with various legal requirements, including ban-the-box laws that restrict when employers can inquire about criminal history, EEOC guidelines on the use of criminal records in employment decisions, and the Fair Credit Reporting Act's provisions regarding background checks. The document includes specific questions about criminal convictions within legally permitted timeframes, while providing opportunities for individuals to explain circumstances and rehabilitation efforts.
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1. Declaration Details: Date, location, and reference number of the declaration
2. Declarant Information: Full legal name, current address, and other identifying information of the person making the declaration
3. Purpose Statement: Clear explanation of why the declaration is being requested and how the information will be used
4. Legal Notices: Required disclosures about rights, including FCRA notices and state-specific requirements
5. Criminal History Questions: Specific questions about criminal convictions, structured to comply with applicable laws and time limitations
6. Rehabilitation Evidence: Section for declaring rehabilitation efforts, training, or other relevant information regarding past convictions
7. Certification: Statement of truth and accuracy of the provided information
8. Authorization: Consent for verification of provided information and background checks if applicable
9. Signature Block: Space for signature, date, and witness information if required
1. International Convictions: Additional section for declaring criminal convictions from other countries, used when the role involves international work or the declarant has lived abroad
2. Pending Charges: Section for disclosing current criminal proceedings, used when relevant to the position and allowed by local law
3. Position-Specific Declarations: Additional questions related to specific role requirements (e.g., driving offenses for transport positions)
4. Character References: Space for providing references who can speak to character and rehabilitation, used for sensitive positions
5. State-Specific Disclosures: Additional notices or declarations required by specific state laws
1. Schedule A - Guidance Notes: Detailed instructions on how to complete the declaration, including explanations of terms and what must be disclosed
2. Schedule B - Relevant Offenses List: List of specific offenses that must be declared for the particular position or industry
3. Schedule C - Privacy Notice: Detailed information about how the declared information will be stored, used, and protected
4. Schedule D - Supporting Documentation Requirements: List of required supporting documents for declared convictions (court records, rehabilitation certificates, etc.)
5. Appendix 1 - State-Specific Requirements: Compilation of varying requirements by state jurisdiction
6. Appendix 2 - Rights Summary: Summary of declarant's rights under various applicable laws including FCRA and state regulations
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