February 2023

Tennessee has been the nation’s best kept secret when it comes to running a business in the state.  In fact, it’s been ranked one of the top 10 best places to own a business, find employment, or establish a volunteer organization.  The reason for this is varied, but most agree that the Volunteer State has enviable tax rates for corporations, as well as many low-cost amenities for job-seeking employees.  While all that’s a coup for Tennessee’s growth and expansion, what should employers and administrators know about Tennessee background check laws and procedures?  If you run a volunteer organization or are an employer, here are the facts you need to know about properly and legally conducting background checks in Tennessee.

How PreSearch Can Help With Background Check Services in Tennessee

When tasked to get a Tennessee background check, it should be clear that it’s not always the easiest endeavor.  It might also be clear that the pre-screening process can be time-consuming and arduous.  Let PreSearch make your work life easier.  We can put all the information on your pre-hires right in the palm of your hands. We do this quickly and affordably so that you can run your business or volunteer organization seamlessly.  Moreover, we provide you peace of mind knowing that you get the most up-to-date information, so you don’t have to worry about getting the data you need to hire the perfect individuals for your vacancies.

What is a Background Check?

Aside from it being one of your biggest assets in hiring the right people for your organization, a Tennessee background check is a process in which fact-checking is done on an applicant to ensure he or she is qualified and appropriate for the job.  Done properly, a background check should provide you with the big picture of a candidate’s work history, educational background, as well as criminal history.  In terms of enhancing the hiring process, a background check in Tennessee can inform employers about the critical details of an applicant – including verification of identification. 

Importance of Background Checks in Tennessee

As an employer or recruiter, imagine sifting through a pile of applications or resumes. Then ask yourself, “How do I really know all this information is really the truth?”  The sad fact is that 78% of applicants over-embellish their resumes, and according to a report from CNBC, around 55% of applicants fib on their applications. In light of these sobering statistics, can you really afford to trust everything you read on an application without doing the prerequisite fact-checking?  When you consider the success, longevity, and well-being of your establishment are directly influenced by your employees or volunteers – the answer is clear.  You need top-quality background check services on your side to get the information you need to make fact-based decisions about hiring or recruiting the right candidate for your organization.

Types of Background Checks in Tennessee

When it comes to doing a background check, Tennessee employers and recruiters have choices. And now that we’ve covered what they are and why a Tennessee background check is so important, let’s talk a bit about the different types of checks you can conduct on your applicants.  

Criminal Background Checks

A Tennessee criminal background check is extremely useful and sometimes required for certain job positions.  For example, if you are hiring for a position that requires the applicant to work with children or the elderly, or in a medical facility where an applicant might have access to controlled substances – getting a criminal background check in TN is standard practice.

Employment Background Checks

Even if a Tennessee criminal background check isn’t a requirement, employers and recruiters are strongly urged to do general pre-screens on applicants.  General employment background checks provide information such as employment history, experience background, education history, and much more.  These checks are essential when determining if an applicant is qualified for the job.  They are also critical in confirming an applicant’s identification.

How to Get a Background Check in Tennessee

There are several ways to get a background check in Tennessee. Some methods are more ideal than others.  As an employer or recruiter, you can opt to go through the Tennessee Bureau of Investigation (TBI), which is the main repository for criminal history information.  TBI will provide information obtained through TN public records.  The information you will receive from this background check will only include information such as convictions, misdemeanors, and felony arrests.

That said, the state TBI-generated report information is extremely limited, and it can take some time for you to receive results.  Alternatively, if you partner with the professionals at PreSearch, we can provide you with an array of details, including nationwide and international criminal history, educational background, employment history, and much more.

How Long Does a Background Check Take in Tennessee

Again, that depends upon the route you take to obtain a Tennessee background check.  If you opt to go the DIY route, you can expect to spend hours pouring through public records, making phone calls to educational institutions, and contacting previous employers to confirm an applicant’s information.

Opting for a Tennessee criminal background check can be equally arduous and time-consuming.  Very often, these state-generated criminal reports take days or sometimes up to a week to process.  And as we mentioned, you’re not even getting all the vital data you need from these reports.

Considering these potential delays, your smartest, best option is to get fast and quick background checks from an experienced provider such as PreSearch.  We can provide you with a full-spectrum background check covering all manner of details you need to make your best hiring choice.  Even better, we can do this in a fraction of the time it would take for your staff or the TBI to do.  In many cases, we can provide you with a comprehensive TN background check on the same day.

How Far Back Does an Employment Background Check Go in Tennessee

The state of Tennessee is governed by the Federal Credit Reporting Act when it comes to the time limit for looking into pre-hire histories.  This standard lookback period is seven years. There are some exceptions to this time limit, however.  For instance, if the position could earn the applicant $75,000 or more – then the employer is allowed to look back into an applicant’s background beyond the seven-year mark.  Furthermore, certain types of information, such as educational history and employment history, do not have a time limit, so an employer or a recruiter can look past the seven-year standard to gain insight into these areas.

Tennessee Background Check Laws

By now, you’re beginning to get a good overview of the ins and outs of background checks in Tennessee.  But what about TN background check laws?  Here are some details on the prominent state and federal laws all employers and recruiters should be familiar with while going through the pre-screen process.

Federal Laws on Employment Background Checks

As a business or volunteer organization, abiding by state laws is a must when hiring new employees. But adhering to federal laws is just as important.  In fact, failure to comply with federal laws could result in devastating penalties that could set your organization back in crippling ways.  That said, here are some important federal laws of which you should be aware.

Civil Rights Act, Title VII

This act was Introduced at the height of the civil rights movement in 1964 under the Kennedy administration.  Title VII is instrumental in ensuring candidates are treated fairly and have the best chance of receiving employment regardless of characteristics that are commonly discriminated against, such as race, color, gender, sexuality, etc. 

The Fair Credit Reporting Act (FCRA)

This act was passed in 1970, and is enforced by the Equal Employment Opportunity Commission.  The act is meant to ensure the privacy of consumers when a credit report is conducted on them.  For employers, this means that the FCRA regulates how a credit check is done on pre-hires.  Specifically, this act strictly governs how credit information is gathered from individuals as well as how that information is used and distributed. 

Tennessee Employment Background Check Laws

In addition to federal laws, it’s important for Tennessee business owners and volunteer administrators to understand how the laws work for the pre-screening process in their own state. Here are a few main state laws that are important to know when doing background checks in Tennessee.

Ban-the-Box Law

Tennessee is one of 37 states in the nation that enforces a ban-the-box law.  This law refers to the box that, in the past, was printed on an application and prompted applicants to check the box in the event they have activity on their criminal record. In an effort to stimulate employment and reduce unemployment rates, the ban-the-box law was established.  The law prohibits employers from asking candidates to divulge if they have criminal history during the initial application process.

Tennessee Social Media Check Law

It might be tempting for employers to check an applicant’s social media account to get more information about them, but in the state of Tennessee, this equates to breaking the law. According to TN legal code 50-1-1003, employers are not permitted to ask applicants to reveal any information on their social media accounts.  Employers are also prohibited from asking for passwords to access applicants’ social networks.  In other words, demanding access to pre-hire social media is against the law in Tennessee. 

How Much is a Background Check in Tennessee

At the time of this writing, if you want to obtain a basic criminal background check, TN charges $29 for each request to the TBI.  This might sound reasonable at first.  However, when you realize that all you are getting is criminal background information in the state of Tennessee – and nothing else – you might rethink the cost.

The smart choice is to use a professional background check service like PreSearch. Why? Because we give you the full gamut of information you require to make the best hiring decision possible.  Our services are cost-effective because we provide comprehensive, timely, and accurate information you simply cannot find anywhere else.

With its colorful culture, rich history, and diverse communities – New Jersey is the only place many business owners want to call home.  NJ offers significant opportunities for employers and volunteer recruiters alike.  Additionally, the state enjoys a healthy population that is willing and ready to work.  While New Jersey certainly has its upside to finding quality employees, it’s not always sunny in The Garden State.  We’re talking about the sometimes harrowing process of staying compliant when getting background checks in New Jersey.  To help you avoid some of the potential pitfalls of obtaining a NJ background check, here are some details every employer or volunteer organization in The Garden State should know. 

How PreSearch, Inc. Can Help With Background Check Services in New Jersey

If you own your own business or oversee a volunteer organization in New Jersey, you likely pour a tremendous amount of hard work into your endeavors to thrive in the Garden State.  That said, shouldn’t you make every effort to ensure continued success by having the resources to hire the best candidate for your vacancies?  Don’t risk putting the health and longevity of your organization at risk.  Contact PreSearch today so we can give you peace of mind with our comprehensive, detailed, up-to-date background checks in New Jersey, which are compliant with all state and federal laws. 

What is a Background Check 

As might expect, the purpose of an NJ background check is meant to verify a pre-hire is who she or he says they are on their application.  Background checks play a huge role in confirming essential information such as criminal history, education history, and employment history.  Essentially, getting a background check in NJ ensures the candidate in front of you is a) who they claim to be and b) validates that individual’s identity.  

Importance of Background Checks in New Jersey

When you recognize that all you have to assess a candidate’s value or identity is what they provide on an application – then you’ll quickly realize the gravity of getting a background check.  An NJ background check provides hiring managers and volunteer recruiters with the critical information required to determine if a candidate is trustworthy as well as amply qualified to perform the functions required for the job position.  

Background checks are also important because they keep your business, your current employees, and your customers safe from potential threats. How so? Well, hiring blind (granting employment to someone without a comprehensive background check) means you might be opening up your organization to devastating scenarios such as theft, litigation, or other negative effects.  In other words, a general or in-depth NJ criminal background check helps you make the best-informed decision about whether or not a candidate is a good fit for your business. 

Types of Background Checks in New Jersey

Garden State employers and volunteer administrators have many options when getting the right NJ background check for their pre-hires.  From conducting a New Jersey criminal record check to fact-check a candidate’s employment history – the types of background checks are mostly contingent upon what you, as the hiring manager, deem necessary.  Here are a few common checks that most employers in NJ prefer when screening applicants.

Criminal Background Checks

A New Jersey criminal background check is not only a smart move, it may be required depending on the position offered to a candidate.  For instance, if the potential pre-hire will be working with vulnerable individuals in the community (such as the elderly or youths), a criminal background check can determine if the candidate is either an appropriate or inappropriate fit for that position.  Furthermore, potential employees who will be working in executive or managerial positions with access to security clearances, financial information, etc, should undergo trusted employee background checks and an NJ criminal background check to ensure your business remains safe and secure. 

Employment Background Checks

While criminal record checks are an added layer of security for employers, an employing entity might not always require them.  In some cases, a general background check might be sufficient, depending on the position offered.  At the minimum, an NJ background check should verify an applicant’s employment history, educational background, and in some cases, follow-up on personal references to confirm the applicant has the character, qualities, and experience necessary to perform in the position.

How to Get a Background Check in NJ

As a hiring manager or volunteer administrator, you have various options when obtaining background checks in New Jersey.  You can opt to submit a request for a criminal history report from the New Jersey State Police for pre-hires.  You can also submit a request to the NJ Dept. of Education’s Office of Student Protection.  These two state agencies will provide you with passable information, but they will lack the robust information you have available to you when you defer to a professional service such as PreSearch for background check services. 

To explain, New Jersey state agencies will only provide history and activity that occurred in the state of NJ.  This leaves employers with only a portion of the big picture – particularly if a candidate has criminal activity in other states or countries.  Furthermore, many NJ employers need more details that are tailored to the position they are offering to pre-hires.  That is why partnering with a qualified, high-integrity service such as PreSearch is invaluable for getting all the facts you need in a comprehensive, accurate, timely report.

How Long Does a Background Check Take in NJ

Not only do state-generated background reports often subpar in detail, but they can also take a long time to process.  It’s not unusual for NJ employers to wait days or even up to a week to get results from NJ agencies.  In the meantime, business productivity is declining, and employers are left scrambling to fill the gaps a vacancy often implies.

Alternatively, getting a fast background check from PreSearch will get you the detailed, reliable results you need significantly more quickly. In many cases, we can provide you with your NU background check on the same day. Our service ensures you have the results you need in a timely manner so you can keep your business running smoothly.

How Far Back Does an Employment Background Check Go in NJ

In general, the lookback period for background checks in New Jersey is seven years.  There are a few exceptions.  One such exception is if a candidate stands to earn $75,000 or more, then an employer may look beyond the seven-year standard.  Additionally, if a candidate has appealed to the state and has successfully had his or her criminal records expunged or sealed, then the seven-year lookback period does not apply, as this information is not accessible to employers.  Also, employers do not have to comply with the seven-year lookback rule when obtaining general background information such as employment verification and education history.

New Jersey Background Check Laws

When conducting background checks in New Jersey, it’s imperative for employers and volunteer administrators to abide by state laws.  Failure to comply with state pre-hire laws and background check regulations could result in costly setbacks such as lawsuits, hefty fines, or worse.  Here are some prominent state and federal laws with which all NJ employers should familiarize themselves.

Federal Laws on Employment Background Checks

Federal laws are just as important as state laws in terms of being compliant with proper pre-hire processes.  This is because federal laws both protect and defend individuals so that equal hiring methods are used.  Here are a few federal laws that should be considered when conducting any NJ background check.

Civil Rights Act, Title VII

This was a revolutionary law in its day when it was passed in 1964, and it is still just as profound today as it was then.  Title VII is a civil rights law enforced by the Equal Employment Opportunity Commission that prohibits employers from discriminating against candidates.  It prohibits hiring agencies from granting or denying employment to an applicant based on characteristics such as race, gender, religion, or sexuality – to name a few. 

The Fair Credit Reporting Act (FCRA)

This important federal law is enforced by the Federal Trade Commission, and it is meant to regulate how consumer information is collected, used, and disclosed.  Sometimes an NJ employer may need to run a credit check on an applicant.  When this happens, the FCRA has strict rules on how that information is used in order to protect the privacy of the applicant. Furthermore, NJ employers who require credit checks must get written permission from the candidate, acknowledging that he or she will be subjected to undergoing a consumer credit report for the position. 

New Jersey Employment Background Check Laws

Now that we’ve covered not all but the most important federal laws that affect the pre-hire process, let’s take a look at New Jersey background check laws.

Ban-the-Box Law

In 2015, the state of New Jersey passed a Ban-the-Box law that prohibits employers from inquiring about any criminal record or activity during the application process if they have 15+ employees within their organization.  The term “ban-the-box” is a reference to removing the box on an application that asks applicants if they have been charged, convicted, or sentenced to any criminal offense.   

Details on New Jersey’s Requirement for Fingerprinting and Criminal History Record Checks

In some instances, employers may require candidates to submit to fingerprinting before they can grant employment. This is true for NJ state jobs and employers who are authorized NJ state contracted vendors.  

There are also certain criminal history record check laws that employers must bear in mind. For instance, NJ has a Clean Slate Law, which allows individuals to petition the court system to remove that criminal history from their records.  If granted, employers are not permitted to access any expunged criminal records under the NJ Clean Slate Law.

How Much Does a Background Check Cost in New Jersey

You can expect to pay around $45 for each request for a criminal record report from the NJ State Police Department. While this might not seem like much, it will only provide you with criminal activity that took place in the state of New Jersey.  There is far more information most NJ employers and volunteer agencies need in order to make the best-educated decision about hiring a candidate.  Therefore, it’s important to remember that partnering with a comprehensive background check service such as PreSearch is the best value because we can provide you with a buffet of reports – putting the vital details in your hand in a fast, efficient, and accurate manner. 

Ask any native Kentuckian, and they’ll tell you the Blue Grass state is a brilliant place to live, work, and play. It’s also an appealing place to do business or start a volunteer organization.  Kentucky is ranked number one in the nation for having a low cost of doing business rate, and the state also provides business owners a tremendous amount of benefits, tax incentives, and resources that make doing business in KY far more convenient than other states.  But what about hiring employees and doing a proper background check in Kentucky?  The good news is, a Kentucky background check on new hires is meant to protect both the applicant and the business owner.  The downside is there can be a lot of potential pitfalls when it comes to navigating an exhaustive list of state and federal laws.  

Thankfully, you have our comprehensive, compliant services for background checks at your fingertips.  We’re your best ally when it comes to how to get a background check in Kentucky that is thorough as well as compliant with state and federal laws and regulations.  To that end, here are a few things you should know and how we will help you with establishing compliant pre-screenings for applicants or potential volunteers for your organization in Kentucky.     

How PreSearch, Inc. Can Help With Background Check Services in Kentucky

Kentucky has distinct laws and expectations for employers and volunteer agencies when it comes to pre-screening processes.  While doing business in Kentucky can be incredibly rewarding, it can also imply significant challenges.  That is why PreSearch is your ultimate secret weapon in building your pre-hire success.  We provide peace of mind for your business or organization because we deliver results. PreSearch is your answer when you are looking for simple, streamlined solutions you can count on so your hiring managers or recruiters can onboard the best possible candidates for your organization.

What is a Background Check 

When you boil all the details down, a background check is a process in which employers and administrators can get a true picture of the potential new hire sitting in front of them applying for a job or volunteer position.  Background checks in Kentucky are crucial so that hiring managers can evaluate essential information such as criminal history, educational background, employment history, and the like.  Moreover, a Kentucky state background check is critical to verify an applicant’s identity.

Importance of Background Checks in Kentucky

If you think about it, you really don’t know anything about the person applying for a position within your organization – apart from the information they’ve provided.  It’s a bitter reality, but not everybody seeking employment is 100% honest.  The truth is that sometimes people are tempted to embellish their credentials or even lie about their history in order to obtain the position they desire.  To this end, a Kentucky background check is necessary to confirm and verify the history of your applicant.  Furthermore, a background check is pivotal when it comes to assessing whether or not an applicant is qualified, capable, and suitable for your employment or volunteer position.

Types of Background Checks in Kentucky

There are various different types of background checks you can conduct as a hiring manager or volunteer administrator.  From general history checks for basic entry-level positions to an in-depth criminal background check in Kentucky, examining a candidate’s history can be as detailed or simplified as your needs predict.  Here are a few examples of different types of background checks in Kentucky.

Criminal Background Checks

As mentioned, your decision to get a criminal background check in Kentucky is contingent upon the position for which you are hiring or recruiting.  However, there are some positions that naturally call for a criminal history check.  For instance, if candidates are working with vulnerable people such as children or the elderly – it’s crucial to get a criminal history check to ensure safe practices are maintained.  Or, let’s say you are hiring for a high-profile executive position that would expose the candidate to sensitive data, security access, or financial information.  In this scenario, a criminal background check is a smart move for any hiring manager. 

Employment Background Checks

At the minimum, all employers should obtain general background checks on pre-hires.  Even the most basic level background checks can give employers a bevy of essential details that can educate them on whether or not they should hire the candidate applying for the position.  Moreover, even positions that are commonly misconstrued as menial such as cashiers or parking attendants, demand background checks. Why? Because while these and similar positions may seem basic, these entry-level positions require honest, qualified employees.  And the only way you can determine the level of trustworthiness or experience is by getting an employment background check.

How to Get a Background Check in Kentucky

Now that we’ve talked about the importance of background checks, you might be wondering how to get a background check in Kentucky.  Employers in the Blue Grass state have several options.  You can obtain criminal background check reports by submitting a request to the Kentucky State Police. Employers can also submit a request for background information from the Kentucky Court of Justice.

However, obtaining candidate histories via state agencies can take a long time.  Furthermore, this information is not nearly as comprehensive or detailed as a professional background check service can provide.  For instance, a state agency criminal report will only provide you with infractions that took place in the state – it won’t reveal any criminal activity in other states or internationally.  

Additionally, these state-sourced background reports will not give you valuable information such as educational history or provide you insights into past employment information.  These and other details are critical for fully assessing the capability of your candidates.  That’s why partnering with PreSearch is such a smart move. We can provide you with the most accurate and thorough background checks for trusted employees that are reliable and necessary for making the right hiring decisions for your business or volunteer organization.  

How Long Does a Background Check Take in Kentucky

So, how long does a background check take in Kentucky? The answer to that depends upon how you go about obtaining your pre-screen checks.  To explain, if you request information from the state agencies mentioned earlier, you can expect to wait days, or even a week for your results.  However, if you use a qualified background check service such as PreSearch, you can anticipate accurate, comprehensive results in a matter of days, and in many cases, we can give you same-day service.  Considering this, the answer is clear.  If you want an accurate and quick background check, our professional services will deliver fast, reliable results.  

How Far Back Does An Employment Background Check Go in Kentucky

The most common question both employers and candidates ask is, how far back does a background check go in Kentucky?  By and large, the standard lookback period is seven years.  There are a few caveats to this seven-year rule of thumb, however.  For instance, if a candidate stands to earn $75,000 or more, then background checks can go beyond the seven-year standard.  Additionally, criminal records that are expunged or sealed may not be accessed no matter what the age.  However, certain information, such as education or employment history, can be explored beyond the standard seven-year term.

Kentucky Background Check Laws

The most integral yet often the most precarious part of obtaining a Kentucky background check is complying with various laws when obtaining information on pre-hires.  Here are a few regulations all employers in Kentucky should abide by when conducting background checks on potential employees or volunteers.

Federal Laws on Employment Background Checks

Among federal laws governing how background checks are conducted, these are the uppermost regulations of which all employers must be aware:

Civil Rights Act, Title VII 

Established in 1964, this act is enforced by the Equal Employment Opportunity Commission (EEOC) as a way to deter employers from discriminating against applicants based on certain characteristics.  For example, the act prohibits employers or volunteer agencies from rewarding or denying employment to applicants based on race, religion, gender, or political affiliation – just to name a few characteristics. 

The Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting act was created to protect the privacy of consumers. As an employer, if you conduct a credit check as part of your pre-screening process, the FCRA is also meant to protect the privacy of your candidates.  This act regulates information that can be collected by reporting agencies as well as what can be reported. The act also regulates how that information can be used.  Under FCRA, employers are required to notify candidates that they are subject to a credit check in writing.

Kentucky Employment Background Check Laws

Now that we’ve covered some of the top noteworthy federal laws, let’s take a look at background check laws specific to the state of Kentucky.

Pre-employment Background Check Laws in Kentucky

There are several pre-employment background check laws of which Kentucky employers must be aware.  Of course, if you opt to use a background check service such as PreSearch, we are highly versed in state laws, so you can rest assured all your pre-screening checks are conducted to the letter of Kentucky state laws.  To this point, we ensure the following and all other state laws are strictly adhered to when we conduct your background checks.

Ban-the-Box Law

In general, the ban-the-box law states that employers may not ask an applicant if they have any criminal history in their past. It’s called “ban-the-box” because of the little box often seen on applications requesting applicants to check if they have committed a crime.  

In Kentucky, the ban-the-box only applies to agencies in the executive branches of the state. So, therefore, employers for these positions may not request information on criminal activities from candidates applying for executive positions.

However, there is an exception. If you are an employer in the city of Louisville, the ban-the-box law applies to all positions. That means Louisville employers may not inquire about criminal activity on an application, regardless of the job position.  

Expungement Law for Misdemeanors

This Kentucky state law states that a candidate with misdemeanor convictions can plead to the court to have their criminal records expunged.  This petition can be granted by the state if the individual has completed their sentence for the crime(s), and if granted, records can be expunged for 5 or more years. For employers, this means these expunged criminal records may not be accessed and, therefore, will not show up on a criminal background check in Kentucky.

Restriction on Criminal History Information Gathered by Consumer Reporting Agencies

Put simply, under Kentucky statute 367.310, if reporting agencies collect criminal history on a pre-hire, they cannot gather information about arrests that did not lead to a conviction.

How Much Does A Background Check Cost in Kentucky

If you opt to go through a state agency, your cost will average around $25 per request.  This might sound reasonable.  However, keep in mind that these state-generated background checks can take a long time to process, leaving you short-handed and potentially losing money in your business.  Furthermore, these state reports will not reveal all of the essential information you need to make a properly informed decision about your pre-hire.  Employers are far better positioned to take advantage of the value inherent in PreSearch background check services.  Our prices are affordable and exceedingly worth the cost because of our accurate, comprehensive, fast, and reliable results.