April 2023

Are you looking to hire new employees for your Alabama-based business? Are you familiar with how to go about getting an Alabama background check? From state laws to federal regulations, there’s a lot to know before embarking on this process. That’s why we’ve crafted this ultimate guide to everything you need to know about getting a criminal background check in Alabama, employment verifications, credit checks, and more in the Heart of Dixie State.

How PreSearch Can Help With Background Check Services in Alabama

Conducting a background check in Alabama is crucial for ensuring the safety and protection of your business. With all the laws and regulations to comply with, it can be overwhelming to navigate through the process on your own.

This is where PreSearch comes in to provide expert background check services that are quick, cost-effective, and compliant with all relevant laws. Our team of experienced professionals utilizes advanced technology to deliver accurate results within a short period. 

Don’t compromise on quality when it comes to background checks – choose PreSearch as your trusted partner today!

What is a Background Check?

A background check is a process of investigating and verifying an individual’s history. It involves searching public records, criminal databases, credit reports, employment, and educational histories, and other relevant information to determine the person’s suitability for a particular position or purpose.

Importance of Alabama State Background Check

Getting an Alabama background check is crucial in determining whether or not an individual is being completely forthright on his or her application or resume when applying for a position. This is important because, according to Forbes, Inc., up to 75% of job-seekers admit to embellishing or lying on applications when applying for a job.  Knowing this, a background investigation is essential in getting the real truth about the person sitting in front of you during the pre-hire interview process.

Alabama Background Check Laws

Alabama has specific laws and regulations in place for conducting background checks. The federal government also has laws that must be followed in the pre-screening process.  That said, here are a few overarching laws every employer in AL should know before engaging in looking into an applicant’s past history.

Federal Laws on Employment Background Checks

Understanding and complying with federal laws in screening pre-hires is just as critical as following state laws.  Here are a few federal laws of which all employers in AL should be mindful.

Civil Rights Act, Title VII

Passed in 1964, this federal landmark law is regulated by the EEOC and was initiated for the purpose of stomping out discrimination when hiring individuals.  The law expressly outlaws employers from basing employment on individual characteristics such as religion, race, color, or sexual orientation – among other traits. 

The Fair Credit Reporting Act (FCRA)

This is another federal law that governs how consumer credit information is gathered, used, and distributed by consumer reporting agencies. The FCRA was enacted to ensure that consumers receive accurate and fair credit reports, which are used by employers in making hiring decisions.  The law is also intended to protect the financial privacy of consumers (applicants).

Alabama Employment Background Check Laws

Alabama background check laws are in place to protect both employers and employees. As an employer, you need to comply with these laws before conducting any background checks on potential or current employees.

Alabama Redeemer Act

One such law is the Alabama Redeemer Act, which prohibits discrimination against individuals who have been convicted of a crime but have already completed their sentence. Under this act, employers cannot use past criminal convictions as a basis for denying employment or promotions.

Ban-the-Box

Another important piece of legislation is Ban-the-Box, which prohibits employers from asking about an applicant’s criminal history on job applications. This means that applicants can only be asked about their criminal record during the interview process or after they receive a conditional offer of employment.

Consequences When Failing to Comply to Comply With Alabama Background Check Laws

Failing to comply with Alabama background check laws can result in serious consequences for employers. For starters, they may face legal penalties and fines if their screening process violates state or federal laws.

Additionally, failing to conduct proper background checks on employees can lead to negligent hiring claims if an employee causes harm or injury on the job. This not only puts the company at risk of lawsuits but also damages its reputation.

Types of Background Checks in Alabama

There are an array of different types of information an AL employer can access when learning more about an applicant for a work position.  The two most basic types of background check Alabama permits are criminal and employment verification screenings, and these two types involve: 

Criminal Background Checks

Typically, a criminal background check in Alabama will reveal information about convictions, arrests, and other legal proceedings related to a person’s criminal history. An Alabama criminal record check will show information such as the date of the criminal activity, types of sentencing, judgments passed, type of offense(s), etc.  If you are hiring for positions that deal directly with vulnerable community members such as the elderly, disabled, or children, a more in-depth background check for trusted employees will dive more deeply into criminal history.

Employment Background Checks

These types of pre-screening checks are designed to investigate a person’s history, including their work experience, education, or volunteer experience. Formulating this check may involve contacting previous employers to confirm dates of employment, job titles, and responsibilities. It may also entail verifying educational history, such as earning degrees or certifications.

How to Get a Background Check in Alabama

One option is to go through Alabama law enforcement agencies or courthouses directly. However, this can be time-consuming and may not yield all the necessary information. Alabama state-generated criminal reports will only show a limited amount of information – they will not reveal any criminal activity in other states or countries.  

Another option is to use trusted services for background checks, such as PreSearch Inc., which offers quick and reliable background checks tailored to your needs. We provide a range of reports that can put you at an enviable advantage when hiring the best candidate for your business.

How Long Does a Background Check Take in Alabama?

The length of time it takes to complete a background check in Alabama depends on various factors. For example, criminal history checks usually take longer than employment verification. Furthermore, state-issued criminal reports are notoriously slow.  

Rather than spend precious time and money doing a background check in-house, consider using a reliable and professional quick background check service like PreSearch.  Because our business is background checks, we have all the tools, expertise, and resources to get you results – fast.

How Far Back Does an Employment Background Check Go in Alabama

The state of Alabama follows the seven-year lookback standard as established by the FCRA.  This means that information such as lawsuits, arrests (not resulting in convictions), bankruptcies, and the like should not show up if committed seven years prior to the time of initiating a background check.  There are stimulations.  For instance, if you hire an applicant who will earn $75,000 or more, then a credit history check can look past the seven-year standard time period.

What Can Be Found in an Alabama Background Check? 

When conducting a background check in Alabama, several types of records may be searched to determine any potential red flags.  For instance, when you opt to use PreSearch, we can provide you with vital details such as sex offender registry information and driving record history.  Of course, we can also run criminal background checks as well as employment and educational background checks. 

Alabama Background Check Costs 

If you go through a state agency such as the AL Dept. of Human Resources, the cost is $48.85 per report.  A criminal background report from the AL Law Enforcement Agency will cost $25 each.  It bears repeating that these reports will only provide criminal information – and only in the state of Alabama.

Alternatively, when you have the resources of PreSearch on your side, you can get a full buffet of criminal, credit, employment, and educational history for an affordable price.  Our expansive reports go far beyond state-issued checks and are the best value for your business budget.

With its strong economy, appealing tax incentives, and industrial flexibility, Arkansas has become an attractive state to start or own a business.  You likely already know this if you run a company in the Natural State.  But are you compliant with your hiring practices?  Take a look at these tips on getting an Arkansas background check where we’ll explore how to obtain one, how long it takes, and how to stay compliant with Arkansas background check laws.

How PreSearch Can Help With Background Check Services in Arkansas

Understanding Arkansas background check laws is crucial for employers to ensure that they are hiring trustworthy and reliable employees. Failure to comply with these laws can lead to significant legal consequences. Therefore, it’s best to seek the services of a reputable background check company like PreSearch, Inc.

PreSearch, Inc. offers comprehensive and quick background checks with accurate results for individuals and businesses in Arkansas. With its advanced technology and experienced team of professionals, you can trust PreSearch, Inc. to deliver the most reliable information possible.

What is a Background Check?

A background check entails authenticating an individual’s personal, educational, and professional history. This procedure involves gathering information from various sources to ascertain if someone has any criminal record or other negative marks that may impact their eligibility for employment or admission into certain organizations.

Importance of Arkansas State Background Checks

By conducting a thorough background check, employers can make informed hiring decisions that reduce the risk of workplace violence, theft, or fraud. Background checks also help prevent negligent hiring lawsuits by verifying that applicants have no previous criminal convictions or other disqualifying factors.

Arkansas Background Check Laws

If you’re an employer in Arkansas, it’s important to know the state’s background check laws before conducting any employment screening. It’s equally critical to abide by federal laws when conducting pre-screenings on applicants.  That said, here are a few federal and state laws all employers in Arkansas should familiarize themselves with.

Federal Laws on Employment Background Checks

As mentioned, federal laws play an important role in regulating employment background checks. Here are a few of them that are predominant when conducting applicant history checks.

Civil Rights Act, Title VII

The Civil Rights Act of 1964, specifically Title VII, prohibits employers from discriminating against applicants based on characteristics such as color, race, religion – and other traits. This means that employers cannot make hiring decisions based on any of these factors and must provide equal opportunities for all candidates.

The Fair Credit Reporting Act (FCRA)

This federal law regulates how employers can gather, distribute and use information when obtaining credit reports from applicants. The FCRA is meant to protect consumers’ (in this case, applicants’) financial information and privacy.  Employers must obtain written consent from applicants if using a third-party service when running credit reports.

Arkansas Employment Background Check Laws

Now that we’ve talked a bit about federal pre-hire laws let’s take a look at what employers should know about Arkansas background check laws.

Arkansas Human Rights Act

The Arkansas Human Rights Act (AHRA) was enacted in 1993 to protect employees from workplace discrimination. The act expressly prohibits employers from discriminating against applicants predicated on religion, race, or gender – among other characteristics.

Arkansas Code Annotated

The Arkansas Code Annotated is a compilation of all the laws in force in Arkansas. Employers conducting an Arkansas background check must comply with the strict regulations regarding privacy and discrimination. 

Arkansas hiring laws also outline specific requirements for obtaining criminal records through state agencies. Employers must follow these guidelines when assessing an individual’s criminal history during the hiring process.

Social Media Law

Under Arkansas law, it is illegal for an employer to request or require access to an employee’s personal social media account as a condition of employment. Additionally, employers cannot force employees or job applicants to disclose their usernames or passwords for these accounts.

Sealing of Certain Criminal Records and Expungement in Arkansas

In Arkansas, individuals with a criminal record may be eligible to have their records sealed or expunged. A common question is, “How long does expungement take in Arkansas?” There is a five-year wait period to have records expunged.  

A sealed record is made unavailable to the public, while expungement completely removes the record from existence. Therefore, expunged and sealed records may not be accessed or used when determining if an applicant may be awarded or denied a job position.

Consequences When Failing to Comply With Arkansas Background Check Laws

It’s crucial for employers to abide by federal and state laws when conducting an Arkansas background check on potential employees. Failure to do so can lead to significant legal consequences, including fines and lawsuits.  Not abiding by the laws may also make a business vulnerable to liability suits, which can be time-consuming and costly.

Types of Background Checks in Arkansas

There are various types of checks employers can conduct in Arkansas, including credit checks, and criminal, and you can also get a background check for trusted employees.  Here are some details about the two primary types of pre-hire checks. 

Criminal Background Checks

In Arkansas, employers are permitted to conduct criminal background checks on potential employees with some limitations.  It is important for employers to understand that not all criminal records can be considered in making employment decisions. For example, under Arkansas law, arrests that did not result in a conviction cannot be used as a basis for denying employment unless the infraction is directly in conflict with the job position or duties.

Employment Background Checks

Employment background checks are a common practice in Arkansas, and employers often use them to ensure that they are hiring the right person for the job. These checks can help employers verify an applicant’s identity, education, work history, and criminal record.  This type of background check may entail calling previous employers and checking with educational institutions to verify degrees or certifications.

How to Get a Background Check in Arkansas

As an employer in AR, you may be wondering how to go about getting a background check in the Natural State.  If you opt to go the DIY route, you may submit a request to the Official State of Arkansas Online Criminal Background Check System, which taps into the AR State Police records to curate criminal histories on residents of the state. 

Keep in mind that this route isn’t the most complete, and it can be time-consuming.  To explain, going through the state to obtain records will only provide you with criminal histories within the state of Arkansas – it will not present data if crimes were committed in other states or countries.  

Furthermore, state-generated records can take a lot of time to process.  Then you have more time invested in gathering information, making calls, and doing verifications in-house. The most advantageous solution is to use services for background checks, such as PreSearch.  We have the knowledge, resources, and experience to provide you with comprehensive reports in a timely manner that will save your business time and money.

How Long Does a Background Check Take in Arkansas

At this point, you might be asking, “How long does expungement take in Arkansas?”  A state-generated Arkansas criminal background check can take several days or up to a week to receive from the state.  Furthermore, it may take your in-house HR department time to collect and double-check all the applicant’s information to verify.  

That said, your best option for getting a quick background check is to use PreSearch.  We have contacts and resources available that expedite the process – giving you the vital data you need fast so you won’t experience downtime in hiring the right person for your vacancy.

How Far Back Does an Employment Background Check Go in Arkansas?

The state of Arkansas abides by the FCRA seven-year lookback time period when it comes to how long an employment background check can go.  That means any arrests (not concluding in conviction), liens, bankruptcies, etc., prior to seven years of the pre-screen will not show up.

However, there are some exceptions.  For instance, if an applicant may earn more than $75,000 per year if granted the position, the credit lookback period can go beyond the seven-year standard.  

What Can Be Found in an Arkansas Background Check?

When an employer conducts a background check in Arkansas, they can expect to find various types of information. The extent of the information found will depend on the type of background check requested by the employer.

One key component that is often included in an Arkansas background check is driving records. This can include details such as license status, accidents and violations, and any suspensions or revocations.

Credit history may also be included in certain types of background checks. This can provide employers with insight into how financially responsible an applicant may be.

Criminal history is another crucial piece of information that employers seek during a background check. It includes details about any prior convictions or charges against the applicant.

An additional aspect that companies may want to consider when conducting a background check in Arkansas is whether their prospective employee has ever been listed on the sex offender registry.

Cost of Arkansas Background Checks

If you opt to go through the Official State of Arkansas Online Criminal Background Check System, the cost is $22.00 per request for a criminal background report.  If you choose to do background checks in-house, you need to add up the man hour costs required when tracking down applicant information and following up to verify this information. This can accumulate to a significant expense.

A far more affordable and simpler solution is to use a background check service like PreSearch.  Our services provide the most value for your company’s budget because we save you time, effort, and frustration by doing all the work for you.  Moreover, you can rest assured all of our reports are fully detailed and accurate.  Not to mention, we execute all of our reports to the letter of federal and state laws, so you never have to be concerned about staying in compliance with the law.

When it comes to hiring new employees, making sure you have the right people on your team is crucial. After all, your staff represents your business and can make or break its success. That’s why conducting a New York background check is so important. 

With this in mind, this guide to obtaining background checks in the Empire State will help you determine the right employee or volunteer for your organization. We’ve also included details such as how long it takes, what shows up, and how to do a criminal background check in NY – all while staying compliant with federal and state laws.  

How PreSearch Can Help With Background Check Services in New York

In today’s world, background checks have become an essential part of the hiring process. It is paramount to safeguard your business or volunteer organization by verifying the credibility of your potential employees. 

With PreSearch’s help, you can trust that your business will remain safe and secure from any undesirable elements lurking in the shadows. Contact us today for all your New York State background check needs!

What is a Background Check?

A background check is an inquiry into a person’s past to determine if they have any criminal or suspicious activities that could pose a risk to the employer. Additionally, a New York State background check should also include vital details such as verification of an applicant’s identity, confirmation of their work experience, and validation of educational history.

Importance of New York State Background Checks

Did you know that a whopping 75% of applicants in the US have admitted to fibbing on their resume or application when applying for a job? Given this, it’s clear that background checks are extremely important to ensure you’re hiring or recruiting an individual that is exactly who they claim to be. 

An employer who fails to conduct a background check risks onboarding individuals with questionable backgrounds or falsified credentials. Such employees may pose a security risk or damage the company’s reputation if found out later on.  

In reality, these risks can be eliminated altogether by partnering with services for background checks, such as PreSearch. We make the vital pre-screening process simple and easy – plus, we can save you a lot of potential woes by ensuring you’re compliant with state and federal laws.

New York Background Check Laws

If you live, work, or conduct business in New York, you’re probably familiar that the Empire State tends to be highly regulated.  So, it should come as no surprise that the state has specific laws that govern background checks for employment.  

Moreover, employers in NY must also comply with federal background check laws.  Here are a few overarching state and federal regulations that every employer or recruiter should be aware of while conducting background screenings.

Federal Laws on Employment Background Checks

There are several federal laws in place to protect job seekers from discrimination and ensure the accuracy of the information gathered. These laws are also meant to protect employers too. Here are a few federal laws you should familiarize yourself with while conducting background checks on applicants. 

Civil Rights Act, Title VII

The Civil Rights Act is a federal law that was put into place in 1964 to protect individuals from discrimination based on religion, race, color, sex, national origin, and other characteristics. In short, Title VII of the Civil Rights Act makes it illegal for an employer to discriminate against an employee or job applicant during any phase of employment.  The EEOC enforces this law by investigating complaints of discrimination filed by employees and job applicants.

The Fair Credit Reporting Act (FCRA)

The FCRA is a federal law that regulates how credit information is collected, distributed and used. This act requires employers to follow specific rules when conducting background checks on job applicants.

Under the FCRA, employers must obtain written consent from job candidates before conducting a background check. They must also provide candidates with a disclosure statement explaining their rights under this law.

Additionally, if an employer decides not to hire someone based on information obtained through a background check, they must provide the candidate with a copy of the report and an explanation for why they were not hired.

New York Employment Background Check Laws

Now that we’ve covered some of the landmark federal laws involved with conducting background checks, let’s take a look at the most noteworthy New York State laws regarding investigating an applicant’s past history.

The New York State Human Rights Law

This law consists of regulations that prohibit discrimination based on race, gender, religion, age, sexual orientation, or disability – among other characteristics.  Under the NYSHRL, it is illegal for employers to use information obtained from a background check as a discriminatory tool against any applicant or employee based on their protected characteristics. 

The New York Correction Law

This law governs the use of criminal records in employment decisions. Under this law, employers must take certain steps to ensure that they are not unfairly discriminating against job candidates on the basis of their criminal history. Additionally, the New York Correction Law defines which offenses cannot be considered when conducting a criminal record check. 

Article 23A of the New York Correction Law instructs employers to consider surrounding circumstances if an applicant has a criminal record, such as the age at which the crime was committed, the time elapsed since conviction, and if rehabilitation was pursued by the applicant before denying employment.

What Happens if You Fail to Comply With New York Background Check Laws?

Failure to comply with the aforementioned regulations can result in severe penalties, including fines and lawsuits – not to mention potentially damaging your business reputation.  Furthermore, neglecting to comply with state and federal laws can expose your business to legal action, which can be time-consuming and costly.  In short, abide by the laws.  Otherwise, your business could be subject to exorbitant fines, litigation, and a marred reputation.

Types of Background Checks in New York

When it comes to conducting a New York background check, there are several types of screenings that employers can choose from depending on their needs. Firstly, employers can obtain a criminal record check in New York.  Secondly, hiring managers or recruiters can get an employment background check.  Here are some details about these two critical types of pre-screening checks.

Criminal Background Checks

As mentioned, NY employers can (and should) obtain criminal background information to clarify an applicant’s past history.  In some instances, such as government, law enforcement, and some healthcare positions – a background check for trusted employees is required. 

Employment Background Checks

Employment verification ensures that the applicant has provided accurate information about their work experience and employment history. This type of New York background check should also provide confirmation about an applicant’s education. Employment background screenings may check on personal references.

How to Get a Background Check in New York

In the Empire State, employers or recruiters can get a criminal background check by submitting a request for records from the New York State Police Division of Criminal Justice Services or by requesting criminal records from the NY Office of Court Administration.

Bear in mind, however, that these reports will only provide criminal activity. They will not reveal other details such as education or employment background information.  Moreover, these state-generated records will not show any criminal activity that may have been committed in other states or countries.

How Long Does a Background Check Take in New York?

If you choose to go the DIY route, you can expect a lengthy turnaround time when doing background checks on your own.  Checking references, contacting previous employers, validating educational history – that all takes a lot of time that can deplete your human resource department manhours.  

Plus, state-generated criminal records are typically slow to process.  Some institutions, such as the New York Office of Court Administration, claim to deliver criminal records within 24-72 hours.  However, the NY State Police reports can take several days or up to a week to produce.

With this in mind, your best option is to partner with quick background check services such as with PreSearch.  Our cutting-edge technology and significant resources allow us to provide you with the results you need far more quickly than if you do checks on your own or go through state institutions.

How Far Back Does an Employment Background Check Go in NY?

So, how far back do employment background checks go in NY? Great question. The state of New York abides by the seven-year lookback standards established by the FCRA. This means that credit and criminal information prior to seven years at the time a background check is initiated will not be reported.  

That said, there are some caveats. If an applicant stands to earn $75,000 or more in a job position, then the background check can go back further than the FCRA seven-year lookback period.  Additionally, certain information such as educational, employment history, or character references may be investigated beyond seven years.

What Can Be Found in a New York Background Check?

Criminal records will reveal details such as the date of arrest, charges, case number(s), disposition, and dates. They will also reveal sentencing details (if any) and the severity of offenses, whether it was a felony or misdemeanor.

Other information on a standard New York background check will show employment and educational history.  Credit checks will reveal collections history, bankruptcies, civil lawsuits, or liens. 

Cost of New York Background Checks

A service fee of $95 must be paid to the NY Office of Court Administration for each criminal background check request.  And if you add up all the man hours consumed when doing pre-screen checks in-house, you’re looking at a significant expense.

Alternatively, our background check services can provide you with the reports you need quickly and affordably.  When you consider all the time you can save by relying on our professional team, then it’s clear that PreSearch is the best value for your background check needs.