The criminal background check will not be performed until a candidate has received an offer of employment.

Transcription

1 GUIDELINES REGARDING SECURITY BACKGROUND CHECKS FOR CANDIDATES FOR EMPLOYMENT WITH DELL Subject to local law, Dell will perform a criminal background check on all candidates for employment with Dell. The check will search for criminal histories that demonstrate that the candidate would be unsuitable for the position sought at Dell. Dell s search will seek to identify crimes that (1) indicate the candidate poses a threat to the health or safety at Dell, such as crimes of violence, weapon crimes, sexual misconduct crimes, and crimes related to the disruption of public safety or order; (2) indicate the candidate poses a threat of loss of property, such as theft, fraud, or destruction to or damage to property; (3) indicate the candidate poses a threat to Dell s drug-free workplace policy such as crimes involving illegal drugs or unlawful intoxication; and (4) indicate the candidate poses a threat to Dell s respectful workplace policy, such as crimes involving sexual misconduct, harassment, or invasion of privacy. If Dell s background check identifies a criminal conviction or other adjudication of guilt of a crime that demonstrates the candidate would be unsuitable for the position sought at Dell, the candidate will be denied employment or other engagement to work. PROCESS The criminal background check will not be performed until a candidate has received an offer of employment. Candidates with criminal backgrounds will be required to provide the comprehensive information regarding the criminal background prior to beginning employment with Dell. Candidates who have criminal convictions should begin collecting this information as soon as possible. Candidates will be required to provide official court records demonstrating: Type of offense Date of offense Age at time of offense Date of disposition (conviction, plea of no contest, etc.) Punishment imposed Other criminal charges initiated and their disposition (e.g., charges that were dropped or reduced) Periods of probation, parole, term of supervised release, or other actions under jurisdiction of the court (e.g., protective orders, restraining orders, etc.) Candidates are encouraged to provide the following information. All other circumstances surrounding the offense that bear on the candidate s fitness for the position sought (e.g., mitigating or aggravating factors)

2 Candidates are responsible for providing the information to Dell to allow Dell to make a timely determination as to whether the criminal history disqualifies the candidate from the position offered. Offers will be withdrawn for candidates who fail to provide all requested information by the deadline. Further information can be found in the FAQs.

3 FREQUENTLY ASKED QUESTIONS REGARDING SECURITY BACKGROUND CHECK PROCESS Q: When should I inform the recruiter or the hiring manager of my criminal background? A: You are encouraged to provide information to Dell as early as possible. Your candor and cooperation with the security screening process will be a factor in considering your criminal background. Please note that some states and localities prohibit employers from asking for information regarding criminal backgrounds until various stages in the application process. Dell is not asking you to provide information at a point in time that contravenes applicable law. Q: For what offenses will I be required to provide court records? A: Complete information is required for: Any felony or misdemeanor conviction or nolo contendre or no contest plea within the preceding 7 years to a Major Criminal Offense*; Any uncompleted deferred adjudication, probation, or parole for any felony or misdemeanor Major Criminal Offense (regardless of whether the conviction itself is within the preceding 7 year period); Any pending court date, charge, or warrant relating to any felony or misdemeanor charge of a Major Criminal Offense; or Identification as an active sex offender required to be listed in any sex offender database or registry. Q: What is a Major Criminal Offense? A: The offenses listed below (and similar offenses by other names) are Major Criminal Offenses: Homicide Assault Sexual Assault or Rape Robbery Kidnapping Injury to a Child Cruelty to animal Possession of Unlawful Weapon or Ammunition Making a Firearm Available to a Child Bringing a Firearm onto School Grounds Pointing a Weapon at Another Discharging Weapon Within City Limits Unlawful Carry of Weapon/No Permit

4 Arson Aggravated or Repeated Trespass Vandalism Breach of Computer Security Stalking Wiretapping or Eavesdropping Violation of Protective Order Harassment Threatening Phone Calls Communicating Threats Theft Theft by Check Theft of Services (including cable) Burglary Forgery Counterfeiting Possession or Use of Stolen Checks Bribery Credit Card Abuse Prostitution Solicitation of Prostitution Public Lewdness or Indecency Sex with a Minor Possession of Child Pornography Criminal Non-Support Interference with Custody Abandoning or Endangering a Child Riot Disorderly Conduct Evading Arrest Interfering with Police Duties Criminal Impersonation Hit and Run Bail Jumping Escape from Custody Possession of Criminal Instrument Multiple DWI s DWI with Injury Possession, Delivery, or Sale of Illegal Drugs Possession of illegal Drug Paraphernalia

5 Q: The crime I was convicted of is not listed as a Major Criminal Offense, but it might be a similar offense. What should I do? A: If your conviction resulted in anything other than a citation for which you had to pay a fine, you should provide the information required for a Major Criminal Offense. Q: What factors will Dell consider in determining whether my criminal background disqualifies me from employment? A: Dell will consider the following factors: How serious was the offense? (e.g., felony or other crime punishable by incarceration or misdemeanor or other crime punishable by fine?) What punishment was imposed, serious or minor? Was there a term of incarceration or only fines? Is the candidate currently on probation, parole, term of supervised release, or other action under jurisdiction of the court (e.g., protective orders, restraining orders, etc.) Was the candidate subject to a period of probation, parole, term of supervised release, or other action under jurisdiction of the court (e.g., protective orders, restraining orders, etc.)? Did the candidate commit a crime that indicates that the candidate poses a threat to the health or safety at Dell or Dell s customers or partners, such as crimes of violence, weapon crimes, sexual misconduct crimes, other crimes that result in the candidate being on a sex offender registry, and crimes related to the disruption of public safety or order? Did the candidate commit a crime that indicates that the candidate poses a threat of loss of property, such as theft, fraud, or destruction to or damage to property? Did the candidate commit a crime that indicates that the candidate poses a threat to Dell s drugfree workplace policy such as crimes involving illegal drugs or unlawful intoxication? Did the candidate commit a crime that indicates that the candidate poses a threat to Dell s respectful workplace policy, such as crimes involving sexual misconduct, harassment, or invasion of privacy? Does the crime directly relate to the specific duties and responsibilities of the job sought at Dell? (e.g., if the candidate is seeking a position with access to customer credit card data, was the candidate convicted of theft of credit card numbers?) Does the crime indirectly relate to the specific duties and responsibilities of the job sought at Dell? (e.g., if the candidate is seeking a position with access to customer credit card data, was the candidate convicted of any other type of theft or fraud?; if the candidate is seeking a position in which he or she will drive during the course of the work day, was the candidate convicted or multiple instances of driving while under the influence of drugs or alcohol?)

6 Will the candidate be closely supervised in the job sought at Dell or be working with limited monitoring or oversight? Will the candidate work in a Dell facility or remotely with limited monitoring or oversight? Will the job require entry into customer premises? If so, does the customer prohibit entrance to persons with certain convictions (e.g., hospitals, schools, government facilities)? Is the candidate being hired for a position that requires employees to have no criminal convictions (e.g., positions requiring government clearances)? How long ago was the crime? How old was the candidate at the time of the crime?

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