You search For Mark Javascript, you are greeted with "You won't believe what Mark, a JavaScript Developer, did to steal cookies" headlines. A lot of the News is for-profit entertainment, it's not public record of Mark but public record of entertainment. The same "News" source might have omitted the news about Oliver the Cookie monster because he advertises a lot with them and they don't want to lose his business.
Maybe it's simply not his potential employers job to forgive Mark. The employer is put in such a position because he's exposed to information that's not his business in first place.
Or maybe Mark shouldn't be anywhere near cookies anymore - unless he's shown he's been rehabilitated.
Mark paid his debt to society by time served. And if you want to not hire ex convicts, you simply ask for his criminal record. Is that not a possibility in the US?
Anyhow, Google giving you tabloids or other crap simply cannot be a reliable criminal record.
And note we’re talking of somebody that’s actually proven guilty in a court of law. What about people being the target of scandals that aren’t guilty of anything?
Yes, it's possible to get criminal records in the US. Almost all major employers do so.
But is it right? I have mixed feelings. If the crime might reasonably impact the job, sure. White collar criminal probably shouldn't ever be CFO or CPA or whatever. But, if somebody got in a bar fight in college, is that grounds to never hire them? By policy, many companies will not hire somebody with ANY criminal record, no matter how serious or how old.
After the background check is completed, he may have already gone through your full interview loop, and impressed everyone, and you may just decide that you want to hire him anyway.
In a different world, you would have rejected him outright, without giving him a chance to prove himself.
I think this matters a lot.