The Georgia Department of Transportation (GDOT) is committed to providing a safe environment for all individuals and the safeguarding of state property. All reasonable efforts will be made to provide a safe and secure environment for employees, clients, and customers and any other work-related contacts.  Accordingly, in conjunction with the hiring process, the Department will conduct criminal history record investigations and background checks to ensure all applicants are suitable for employment with the Department.  This policy applies to all applicants, employees, interns and co-ops.

The Georgia Department of Transportation is an Equal Opportunity Employer.  This policy will be applied in a fair and unbiased manner that is consistent with equal employment opportunity laws and practices.  

GENERAL PROVISIONS

For the purpose of this policy, the following terms have the stated meanings.

“Applicant” means an individual who is being considered for selection to a position with the Department, whether full-time or part-time, and includes interns and co-ops.  A current employee may be an applicant for purposes of this policy and will be required to comply with the requirements of this policy. 

“Employee” means an individual who is currently employed by the Department.

“Department” means the Georgia Department of Transportation.

“FCRA” means the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., the federal law regulating communications by consumer reporting agencies about consumer credit ratings and histories, including criminal history background checks.

“GCIC” means the “Georgia Crime Information Center,” which is an operating division within the Georgia Bureau of Investigation providing criminal justice information in Georgia.

NOTICE TO APPLICANTS

Notification that a criminal history record check is required prior to employment will be included on all job announcements.  Applicants are to be advised of the required criminal history record check during the interview process.

CONSENT FORMS

No criminal history record check may be conducted unless the applicant has provided a completed authorization to release background information form.  Applicants who refuse to provide the required consent will not be given further consideration for employment.

CONTINGNENT OFFERS OF EMPLOYMENT

All offers of employment are contingent upon an acceptable criminal history record check and should ordinarily be completed before the candidate is offered employment.  Any written offer of employment must include notification of this contingency. 

Should an individual begin work prior to the completion of the criminal history record check process and an unfavorable decision is later reached, he or she will be dismissed from employment.

PROCEDURE
A.        All applicants are to be advised of the required criminal history record check during the interview process and advised that they may be denied employment or may be separated from employment based on information received on criminal history record checks.
B.        Following the interviewing and selection process, the human resources contact in each office or district must notify the chosen candidate of his or her tentative selection for the position.  The offer of employment is contingent upon the successful completion of the background check process.  The candidate must be provided with an authorization to release background information form with instructions to complete and return the form within ten (10) calendar days so that the background check process can be conducted.  Any extension in this timeframe will be granted solely at the discretion of the Department.
C.        The completed authorization form must be mailed or faxed to the General Office Division of Human Resources to conduct the criminal history background check.
D.        If information is discovered that appears to warrant an unfavorable employment decision, the applicant will be given a reasonable op­portunity to refute the criminal history record information.  If the applicant does not provide satisfactory evidence to refute the claim within ten (10) business days of being notified of the unfavorable information, the applicant will be removed from further consideration for employment with the Department for that vacancy.
E.         When an applicant is denied further consideration for employ­ment based on the criminal history record check, the applicant will be given written notification of the specific contents of the record, the source of the record, and the effect the record had on the hiring decision.  When the services of a third party are used to conduct the background check, all provisions of the FCRA must be adhered to.   
F.         The Division of Human Resources will provide notification to the hiring office or district that:  (1) the applicant is suitable for hire, or (2) the applicant is not suitable for hire.  No specific details of the applicant’s criminal record history information will be provided to the hiring office or district.

DISQUALIFICATION FROM EMPLOYMENT BASED ON CRIMINAL HISTORY RECORD

The existence of a conviction does not automatically disqualify an individual from employment with the Georgia Department of Transportation.  Relevant considerations may include, but are not limited to, the nature and number of the convictions, their dates, and the relationship that a conviction has to the duties and responsibilities of the position.  Further, any employee or applicant whose criminal history record information shows a significant arrest or a pattern of recent arrests may be disqualified from employment until such time as the charge(s) is resolved.  Any decision to accept or reject an individual with a criminal conviction is solely at the discretion of the Department.

Notwithstanding the above, applicants with pending felony charges are not eligible for employment until such charges have been dropped or otherwise reached a final disposition. 

DISQUALIFICATION FROM EMPLOYMENT BASED ON MATERIAL FALSIFICATION, MISREPRESENTATION OR OMISSION OF INFORMATION

All applicants are required to disclose felony convictions on the Application for Employment and to disclose any arrests or convictions on the State Security Questionnaire / Loyalty Oath.  If it is discovered during the hiring process or during employment that an individual has falsified, misrepresented, or omitted any material information on either the Application for Employment or the State Security Questionnaire/Loyalty Oath, he or she will be disqualified from employment with the Department for a minimum of one (1) year from the date the violation is discovered.  “Material” refers to information that directly influences and/or impacts the hiring decision.

DISQUALIFICATION FROM EMPLOYMENT UNDER THE DRUG-FREE PUBLIC WOKPLACE ACT

Pursuant to the Drug-free Public Workplace Act (O.C.G.A. § 45-23-1, et seq.), and TOPPS Policy 2290-1, Georgia Department of Transportation Drug-free Workplace, any applicant who has been convicted for the first time under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be ineligible for employment with the Department for a minimum of two (2) years from the date of conviction.  Any applicant convicted for a second or subsequent offense shall be ineligible for employment with the Department for a minimum of five (5) years from the date of conviction.

AWARENESS STATEMENT

All employees who access, process, receive or review criminal history record information obtained or received from the Georgia Bureau of Investigation’s Georgia Crime Information Center will be required to sign a Georgia Crime Information Center Awareness Statement form.  Signed Awareness Statements will be maintained in employees’ official personnel files and must be on file with the Division of Human Resources before criminal history record information may be lawfully disseminated.
RETENTION OF RECORDS

Criminal history records and other background investigation information will be maintained by the Division of Human Resources in files that are separate from official personnel files.

Criminal history records and other background information must be stored in a locked cabinet.  Areas in which the information is processed and handled will be out of public view and restricted to authorized personnel in the performance of their official duties.

Access to criminal history record information will be accessible only to authorized Department employees and agents who have a need to know.  Criminal history record information will not be released or otherwise disclosed except as legally permissible.  The release of such information to unauthorized persons may be grounds for disciplinary action and, in some cases, criminal penalties.

REFERENCES:      

O.C.G.A. § 35-3-30, et seq., and O.C.G.A. § 45-23-1, et seq.
TOPPS Policy 2290-1, Georgia Department of Transportation Drug-Free Workplace
TOPPS Policy 2255-3, Criminal Proceedings Involving Employees
Criminal Code of Georgia (O.C.G.A. Title 16)
Rules of the Georgia Crime Information Center Council
Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.  

Authored by the Division of Human Resources, 404-631-1500
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