As you begin your hiring endeavor, conducting background checks in Mexico is advisable. Although a culturally diverse country with hardworking citizens, the Mexican government struggles to contain criminal activities.
The country also has a relaxed criminal record-checking policy for foreigners. Law enforcement agencies may allow US citizens with a record of misdemeanors to relocate. However, they would likely not permit someone on the FBI’s "wanted list" to enter the country. Thus, background checks in Mexico are crucial for immigration and employment.
Besides these statistics, most Mexicans are law-abiding. Background screening in Mexico is vital in selecting responsible and law-abiding individuals for employment. Running these checks can be challenging without the assistance of a global employer of record like Skuad.
Explore this guide to discover how background checks in Mexico work, what they entail, and how to achieve them compliantly.
What is an employee background check?
An employee background check investigates an individual’s criminal, financial, and employment records. Companies conduct these checks to vet an employee’s character, skills, and compatibility with their business. They must be careful while conducting international background checks to comply with local legislation.
Sensitive or sealed information may be unearthed during this process. In most cases, the employer must request permission to conduct these checks from the employee. The worker has every right to refuse. Likewise, the employer has the right to refuse to hire a candidate that denies them authorization to investigate them.
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What are the benefits of background checks in Mexico?
Investigating a potential employee can help you avoid legal trouble in the future. Many people falsify documents, while others exaggerate their skills or experiences. Conducting an employment screening in Mexico enables you to find out the truth. You will benefit the following when you conduct background checks in Mexico:
- Hire highly skilled candidates with verified references
- Discover candidates who can be a good fit for your company
- Avoid hiring individuals who may pose a security threat to company property and employees
- Reduce the risk of employee turnover
- Save costs of rehiring
- Enable a positive work environment for all employees
- Comply with local legislation
What are the types of background checks in Mexico?
Background checks in Mexico when hiring new talent and are also vital to supporting an employee’s international relocation attempts. The position being offered also determines the type of information employers need and the type of background review to run.
Here are the primary checks for employment in Mexico:
Criminal record check in Mexico
Due to the high crime level in many areas, running a Mexico criminal record check is essential. It involves checking an employee’s history with the legal system or local authorities. A police clearance certificate may prove that your employee has a clean record. You will apply in person at any Attorney General’s state office for this certificate.
Employment history check
A work history check in Mexico entails investigating an employee’s previous place of employment. It may involve contacting previous employers and asking them questions about the employee’s work performance. Besides knowing if an employee’s resume information checks out, you also want to know why they left their previous jobs.
Medical or health screening is a combination of tests an employer advises a candidate to take before getting the job. It may include drug tests, chest X-rays, and musculoskeletal or skin examinations. Medical screening helps employers provide workers with a safe and healthy work environment.
Credit history check
Credit history checks enable employers to confirm employees' history with consumer loans and debts. Employers can avoid hiring financial crimes threats through this information.
This check verifies an employee’s academic qualifications. It involves confirming the validity of their certificates or degrees, the awarding institution, and the graduation period.
Social media and working with children check
Since the advent of social media, employers have taken a step further to investigate their employees by viewing their profiles. It helps them to learn about the employee’s personality, thoughts, and how they may represent the company.
Similarly, employers hiring in childcare disciplines conduct working with children (WWC) checks. Employers want to avoid hiring individuals who may be a threat to children’s safety. Thus, they check their records to prevent individuals with a history of crimes against children.
Requirements for background check in Mexico
Before hiring new talent, you must learn the requirements for running a background screening in Mexico. These requirements are a collection of crucial information from the employee. They can help you avoid legal trouble in the future.
You must request the following from your employee to start a background investigation:
- Employee’s government name or full name as it appears in official records
- Current and previous permanent address
- Date and place of birth
- Valid passport or Federal Voter ID
- Certificate or degree from a registered institution
Steps in conducting a background check in Mexico
Employers carefully follow several steps when conducting background checks in Mexico. Mexico's Protection of Personal Data law protects private data and punishes perpetrators of leaked sensitive information for money.
Follow these steps to execute a smooth background search:
- Determine the types of screening you want to undertake
- Seek the employee’s consent in writing
- Ask for a criminal or police record certificate
- Commence the verifications
- Get verification results
- Make a hiring decision
Are employee background checks legal in Mexico?
The country's labor laws do not prohibit pre-employment background checks in Mexico. Employers have the liberty to investigate an individual before hiring them. Companies conduct a series of reviews and may not always need to seek the employee’s approval.
For instance, an employer can dig into a potential employee’s criminal record without much restriction. However, it is not the same for financial and private information. Employers must get written approval from the individual before checking credit records. Companies attain compliance when they conduct background checks with authorization from the employee.
Planning to hire in Mexico? Here’s how Skuad can help
If you're a global employer planning to hire employees in Mexico, you must be ready to conduct international background screenings to check prospective employees' financial, criminal, educational, and employment histories.
Background checks in Mexico can be complicated, as you will be expected to comply with the regulations that protect the privacy of prospective employees in Mexico.
With Skuad as your Employer of Record partner, you can easily manage all aspects of the hiring and employment processes, including navigating the process of running background checks in Mexico. Book a demo today to get started.
Below is a list of frequently asked questions about conducting background checks in Mexico.
Does Mexico check criminal records?
Employers in Mexico check criminal records before hiring employees. They may consult the state police for a thorough investigation before requesting a police clearance certificate. To get a police clearance certificate, applicants must visit any Attorney General’s state office.
How do I get an FBI background check in Mexico?
An FBI background check in Mexico may be required for adoption, immigration, or employment. You can get an FBI check by sending an application electronically or by mail directly to the FBI. Alternatively, you may consult an FBI-approved Channeler to facilitate the procedure.
When the request is complete, you can receive the check results in digital or hard copy. Note that an FBI background check for Mexico must be apostilled.
What shows up in the background check?
The results of a background check reflect the findings from the selected reviews. An expert will handle the verification and approach the proper channels or personnel. Once they complete the investigation, they collect the data from various sources for compilation. Since these pieces of information come from different sources, compiling them becomes challenging.
Global hiring experts like Skuad will help you simplify the data collection by designing a graphical representation. You can find specific and in-depth information about education, including attendance, GPA, and honors. Meanwhile, the credit section can show you details like the number of acquired loans over three or five years.
You will also discover criminal records, employment, and identity verification.
How do I get a background check from Mexico?
Background checks from Mexico are usually carried out in person. Once you have the requirements to carry out this investigation on your employee, you may begin.
Working with an investigation expert is the most effective way to get a background check from Mexico. They can help conduct a thorough investigation with their knowledge of the language and terrain. Although some services may be expensive, you will likely get accurate results quickly.
Does Mexico do background checks?
Mexico-based companies do background checks on their employees and job applicants. Although no section in the labor code regulates this procedure, employers must be careful not to violate privacy rights. Mexico’s law protecting personal data protects employees’ rights to private information. Violating these rights come with severe penalties.