While the national job market has experienced some unsettling shifts, Minnesota has seen some promising growth in employment rates. In fact, as of 2022, the state has added over 17,000 jobs, and unemployment rates continue to drop. This makes Minnesota an attractive state for both potential employees and employers alike.  For business owners, Minnesota is highly appealing because it provides moderately low operating costs and competitive tax rates.  While the Land of 10,000 Lakes is a great place to live, work, and play, employers must abide by Minnesota employment background check laws.  With this in mind, here are some vital points about the Minnesota background check process that every employer in MN should be familiar with while screening applicants.

What is a Background Check?

A background check is a process whereby someone’s criminal history, financial history, and other relevant information are looked into to determine whether or not that person is suited for a particular job or task. In many cases, employers will conduct background checks on potential employees to get a better sense of their qualifications and whether or not they might pose a risk to the company.

The Importance of Background Checks

When it comes to keeping your business or volunteer organization safe, there’s no such thing as being too cautious. That’s why background checks are so important. By running a background check, you can get peace of mind knowing that the person you’re hiring is not hiding anything detrimental in their past.

In Minnesota, background checks are required for some jobs, such as working in a daycare or being a nurse. But even if they’re not required by law, they’re still a good idea to obtain. After all, you wouldn’t want to hire somebody without knowing their full history.

How To Get a Criminal Background Check in Minnesota

In order to get a Minnesota background check, you will need to contact the Minnesota Bureau of Criminal Apprehension (BCA). You can do this by visiting their website or by calling them and requesting a Minnesota public criminal record.

Bear in mind, however, that when you contact the BCA, you will only receive Minnesota criminal background checks – which only reveals criminal activity in the state.  You will not receive other vital information, such as criminal activity (if any) in other states.  Nor will you be able to obtain other essential data such as educational background or employment history. 

That is why it’s best to obtain a Minnesota background check from professional third-party services for background checks, such as PreSearch.  We provide you with comprehensive background information according to your hiring needs.

How Are Background Checks Different for Minnesota Employers?

Some, but not all, states in the US have “ban the box” laws, and Minnesota is one of them.  Since 2014, private employers have been required to abide by “ban the box” restrictions. This prohibits employers from disqualifying pre-hires from employment based on their criminal history.  

Another Minnesota background check law is that employers may not conduct a criminal background check until the applicant has had a formal interview and is considered a viable candidate for the job.

Minnesota is also different from some other states because background checks are required for certain positions, such as if a candidate works with minors or in law enforcement.

If you are an employer in Minneapolis or St. Paul, you are required to follow additional notification practices. Let’s say an applicant in either of these two cities was declined employment, or their request to obtain a professional license was denied due to their criminal record. In this scenario, employers in these two cities must inform applicants in writing that these grievances are taken into account during the decision-making process of employment.

Moreover, the Minnesota Data Practices Act governs how state and local government agencies can collect, use, store, and distribute data about individuals. This law applies to public employers conducting employment background checks.

Background Check Laws in Minnesota

In addition to state and local laws, Minnesota employers are also obligated to follow federal rules when obtaining a Minnesota background check.  Here are some of the most noteworthy federal laws every MN employer must abide by during the pre-hire process.

Federal Laws on Employment Background Checks

Here are the most prominent and integral federal laws every employer should know when conducting a Minnesota background check on applicants. 

Civil Rights Act,Title VII

The Civil Rights Act of 1964 is a federal law that prohibits discrimination on the basis of sex, religion, race, color, or national origin. Title VII of the Act, which is also known as the Equal Employment Opportunity Act, makes it illegal for any employer to discriminate against employees on the basis of these protected characteristics. The Civil Rights Act also created the Equal Employment Opportunity Commission (EEOC), which is responsible for enforcing Title VII and investigating claims of discrimination.

In addition to prohibiting discrimination in employment, Title VII also prohibits an employer to retaliate against an employee or candidate who may complain about discriminatory practices. Workers or candidates who believe they have been subjected to discrimination or retaliation can file a charge with the EEOC.

Title VII applies to all employers with 15 or more employees, including local and state governments and educational institutions. Under Title VII, employers must take steps to ensure that their employment practices and pre-hire practices do not discriminate on the basis of protected characteristics.

The Fair Credit Reporting Act (FCRA)

The FCRA (Fair Credit Reporting Act) is a federal law that governs the way in which credit reporting agencies collect and use information about consumers. The FCRA also gives consumers the right to know what is in their credit report, and to dispute any inaccurate information.

The FCRA applies to all credit reporting agencies that operate in the United States, including those located in Minnesota. Under the FCRA, these agencies must follow certain rules when handling consumer information, such as:

• Obtain written consent from the job applicant or employee before ordering a background check
• Provide a clear and conspicuous disclosure to the job applicant or employee that a background check may be obtained
• Certify to the consumer reporting agency that the employer has provided the required disclosures.
• Will not use the information in violation of any applicable federal or state equal opportunity laws
• Take reasonable steps to ensure that the information they collect is accurate and up-to-date

Minnesota Employment Background Check Laws

Overall, Minnesota’s employment background check laws are fairly standard when compared to other states. However, it’s always important to know what laws apply in your specific state so that you can be sure you’re complying with all of them.  Here is an overview of Minnesota employment background check laws.

The Minnesota Government Data Practices Act (MGDPA)

The MGDPA is a state law in Minnesota that establishes how government data is collected, managed, and disseminated. It also provides individuals with certain rights regarding their data. The law applies to all state and local government agencies in Minnesota.

The MGDPA was enacted in 1975 in response to concerns about the potential for abuse of government power through the misuse of data. The law was designed to strike a balance between the need for government agencies to have access to data and the need for individuals to have control over their personal information.

The MGDPA requires government agencies to:

• Collect data only for legitimate governmental purposes
• Ensure data is accurate, relevant, and up-to-date
• Destroy outdated or unnecessary data
• Protect data from unauthorized access or disclosure
• Allow individuals to access their own data and correct any errors
• Individuals have the right to:
• Know what data is being collected about them
• Access their own data
• Request correction of inaccurate or incomplete data

The Minnesota Human Rights Act

The Minnesota Human Rights Act is a state law that prohibits discrimination in employment, housing, education, and public accommodations on the basis of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, or age. The Act also establishes the Minnesota Department of Human Rights (MDHR), which is responsible for investigating complaints of discrimination and enforcing the Act.

Ban the Box Law z

The Minnesota Ban the Box Law prohibits employers from inquiring about an applicant’s criminal history on an initial application. Employers may still run a criminal background check after extending a job offer, but they must give the applicant an opportunity to explain any convictions. The law applies to private employers with more than five employees, as well as state and local government agencies.

What Shows Up on a Background Check in Minnesota?

In Minnesota, a background check will show up any criminal convictions, as well as any pending criminal cases. If the person has been convicted of a felony, that will also be noted on the background check. In addition, any history of violence, sexual offenses, or drug use will be included on the background check.

How Long Does a Minnesota Background Check Take?

A Minnesota background check usually takes about two weeks if one goes through state-run organizations. However, if the person being checked has a criminal record, it may take longer. Furthermore, a comprehensive Minnesota background check could take significantly longer if you are doing it yourself, because it takes time to organize and gather all the information required. It also takes time to receive information from various past employers or educational institutions.

If you want a quick background check, you are better off using an efficient, time-saving service such as PreSearch.  In many instances, we can provide full background information on your pre-hires in only a few hours and sometimes in the same day.

How Far Back Does a Background Check Go in Minnesota

In Minnesota, a background check can go back as far as seven years. This includes criminal records, employment history, education, and more.  In some instances, information on applicant’s may go back further, but in general, most MN employers abide by the sever year lookback standard.

How Much Do Background Checks in Minnesota Cost?

The cost of Minnesota criminal background checks will vary depending on the type of check you need and the agency you use. Fingerprint-based criminal history checks through the Minnesota Bureau of Criminal Apprehension (BCA) cost $15 per person. Additional fees may be required if you request other types of background information from the BCA such as fingerprint services.

If you factor in the amount of employee hours involved with getting a thorough background check (if you go the DIY route), then you’re looking at a very costly scenario.  In many instances, in-house run employee checks can take days or weeks.  This equates to an expensive process for any employer or business owner.  

Your best option is to obtain a thorough, fast background check at an affordable rate through a private company such as PreSearch. 

How PreSearch Can Help With Background Check Services in Minnesota

PreSearch is a powerful resource that is designed to help you get the information you need about your pre-hires. With PreSearch, you can select what data your business requires, and we will run a thorough, accurate Minnesota background check for you.  Furthermore, PreSearch is fully versed on all the state, local and federal laws for background check for trusted employees. Therefore, you can rest assured that your pre-screening information is accurate and conducted by the letter of the law.  So, if you’re looking for an affordable, accurate Minnesota background check, make sure to give PreSearch a try today.

While other states in the US are still struggling with unemployment and economic instability, Colorado is enjoying a surge of prosperity.  Ranked as the 2nd highest worker participation in the country by US News & World Report, Colorado has seen an additional 107,000 new jobs in the private sector over the past 12 months.  This means employers in the Centennial State have an enviable largesse of potential applicants to choose from when hiring.  

Moreover, Colorado is rated number 10 in the nation for being one of the best states to start, own, or operate a business.  Therefore, if you’re an employer in Colorado, you have a lot to celebrate.  However, one thing that can shut down your business’s prosperity is failing to conduct an accurate and compliant Colorado background check on your pre-hires.  To help you stay on track, here are some important details you should know about conducting background checks in Colorado. 

What Are Background Checks?

Background checks are a critical aspect of the hiring process in Colorado. Employers use them to verify an applicant’s employment and education history, confirm one’s identity and check for criminal records.  A background check may also investigate an applicant’s financial background.  All details in a Colorado background check should be used to assess if a pre-hire is qualified, trustworthy, and viable for a position of employment.

Are Background Checks Important?

In Colorado, as in most states, employers are allowed to run background checks on job applicants. Employers may use criminal records, credit reports, and other information to make hiring decisions.

Background checks can be important for employers because it helps them to discern which candidates might be a great fit.  Alternatively, screenings can also inform employers if a candidate might have issues in their history that could conflict with the job position or with performance on the job.

How To Get a Criminal Background Check in Colorado

If you’re looking to get a criminal background check in Colorado, there are a few different ways to go about it. The Colorado Bureau of Investigation (CBI) offers an online service that allows you to request a criminal history report for yourself or someone else. You’ll need to provide some basic information, including the applicant’s name, date of birth, and Social Security number. There’s also a fee associated with this service. 

Another option is to partner with a professional Colorado background check service such as PreSearch.  When you understand that going through CBI only provides you with criminal histories, you can begin to see the benefit of using PreSearch.  To explain, we provide you with essential data such as past employment histories and educational background checks.  This broad-spectrum screening allows you to fully assess whether or not your candidate is the best for your job opening.

Background Check Laws in Colorado

There are different types of details employers can access when it comes to obtaining a Colorado background check.  From credit history to criminal past, employment history to educational background – Colorado employers have a wealth of resources to help them determine if a candidate is ideal for the job.  However, there are state and federal laws all employers should abide by when obtaining and utilizing any personal information from applicants.  Here is a Colorado background check law run-down so you can prepare yourself and your business when screening pre-hires. 

Federal Laws on Employment Background Checks

There are crucial federal laws that regulate background checks in Colorado, including the Fair Credit Reporting Act (FCRA), and the Civil Rights Act, Title VII.  Please read further to get familiarized with these federal laws while conducting pre-hire screenings.

Civil Rights Act,Title VII

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of sex, religion, color, race, or national origin. This law applies to all employers with 15 or more employees, including federal, state, and local government employers.

The Civil Rights Act of 1964 also created the Equal Employment Opportunity Commission (EEOC) to enforce Title VII. The EEOC investigates charges of discrimination and works with employers to prevent discrimination from occurring.

The Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act is a federal law that regulates how employers gather and use consumer (applicant) credit information. The FCRA promotes the fairness, accuracy, and privacy of information belonging to individuals who are subject to consumer reports and credit checks.

Under the FCRA, consumer reporting agencies are required to provide consumers with a notice of their rights before they obtain a credit report. This notice must include a summary of the consumer’s right to access their credit report, as well as information about how to dispute inaccurate or incomplete information.

In addition, the FCRA requires companies that use consumer credit information for employment purposes to provide applicants with a pre-adverse action notice if they plan to take adverse action based on information in the applicant’s credit report. The notice must include the name, address, and phone number of the consumer reporting agency that supplied the report.

Finally, the FCRA gives consumers the right to sue companies that violate their rights under this law. If successful, consumers can recover damages for any injuries suffered as a result of these violations, as well as punitive damages and attorneys’ fees.

Colorado Employment Background Check Laws

Colorado has a few laws in place that regulate how employers can conduct background checks on potential and current employees. These laws are meant to protect the rights of workers and ensure that they are not being unfairly discriminated against. Here are a few of the things every Colorado employer should be aware of.

Colorado 7 Year Background Check Law

The Colorado 7 year background check law applies to all employees of companies that do business in the state. The law requires these companies to conduct a criminal background check on all new hires and the lookback is seven years prior. Established by the Colorado Consumer Credit Reporting act, the Colorado 7 year background check law states that details such as arrests or indictments may not be reported if they occurred prior to the 7 year lookback period.  There are two caveats.  One is that if an employee stands to earn $75,000 or more, then background information can go beyond seven years.  The other instance in which an employer can look beyond seven years is if an employee works with vulnerable communities such as children or the elderly in medical or educational industries.

Ban the Box Policy

The “ban the box” policy is a movement to remove the question about prior convictions from job applications. The theory is that this will give people with criminal records a better chance of getting jobs, which will, in turn, reduce recidivism rates. The policy has been adopted by a number of states and cities, including Colorado.

What Shows Up in a Background Check in Colorado

What shows up on a background check in Colorado depends upon what an employer has requested.  For instance, a Colorado criminal background check requested from the Colorado Bureau of Investigation and the Department of Public Safety will reveal convictions, felonies, arrests, etc.   It is important to remember that this is limited to criminal activity in the state. 

If you need more than that, you can partner with professional background check services, such as PreSearch. These providers can give you a wide range of information on your pre-hires.  At PreSearch, we can give you up-to-date, comprehensive data on full past employment history and education credentials on your pre-hire.  

We can also run credit checks on your applicants, which are highly regulated by the state.  The Colorado Fair Credit Reporting Act requires employers to follow certain procedures when obtaining consumer reports (including background checks) for employment purposes. Employers must:

• Get written permission from the applicant or employee before ordering the report
• Inform the applicant if the information in the report might be used to make an adverse employment decision
• Provide a copy of the report to the applicant or employee
• Give the applicant or employee a chance to correct any inaccuracies in the report before taking any adverse action based on its contents.

Colorado is an “open records” state, which means that most information about an individual’s criminal history is available to the public. This includes arrests, convictions, and any pending criminal cases.

However, there are some exceptions to this rule. For example, juvenile records are not accessible to the public. Additionally, some types of information may be sealed or expunged from an individual’s record under certain circumstances.

How Far Back Do Background Checks Go in Colorado

In general, background checks will go back seven years. However, there are some exceptions. For example, if an individual is applying for a job that requires them to work with children, the background check may go back further to ensure that the applicant does not have any previous convictions for child abuse or sex crimes.

What Do Employers Look for on a Background Check

Most employers will look for any criminal history on a background check. In Colorado, this includes a check of the Colorado Bureau of Investigation’s database, which includes all felony and misdemeanor convictions in the state. Employers may also run a national criminal background check, which will include any felonies and misdemeanors from other states.

In addition to criminal history, employers may also look for credit history, employment history, and education verification on a background check. They may also run a drug test as part of the background check process.

How Much Does a Background Check Cost in Colorado

There are a few different types of background checks available in Colorado, and the cost will vary depending on which type you choose. The most common type of background check is the criminal history check, which is a fingerprint-based criminal history search conducted throughout Colorado state. The cost for this is $39.50 per report.

Keep in mind this is only a criminal report.  Employers typically want more information, such as employment history and educational background.  If done in-house, gathering all this information can become very costly in terms of accumulated man hours to collect all the information.  Plus, if in-house background checks are not conducted in compliance with state and federal laws – that could mean hefty fines and penalties.

Therefore, employers are strongly encouraged to get a professional background check service such as PreSearch.  We can save you time, money, and a lot of hassle with our compliant, accurate screenings.

How PreSearch Can Help With Background Check Services in Colorado

If you are looking for background check services in Colorado, PreSearch is an excellent resource to consider. With its comprehensive search capabilities and wide range of features, PreSearch can help you find the information you need quickly and easily. We also give you peace of mind because we conduct all of our screenings to the letter of state and federal laws. 

Moreover, we can provide you with an accurate background check with quick turnaround.  At PreSearch, we believe you need the best, most reliable information to make an informed decision about your new-hires.  Therefore, we put this data in your hands so that you can rest assured you are hiring the best person for the job.  Contact us today, and see how we can make your life much easier with our variety of Colorado background check services.

While the nation’s unemployment rate has been skyrocketing in recent years, Pennsylvania has enjoyed its lowest unemployment rate (currently 4.2%) since June of 2000.  There’s a good reason for this healthy standing in Pennsylvania’s workforce.  Most notably, PA has some of the most plentiful job opportunities in the education and health services industries, with transportation and utility industries ranking second in Pennsylvania’s job market.  

Because Pennsylvania holds so much promise for employment, more and more workers are migrating to the Keystone state to seek ideal jobs.  Consequently, if you are an employer, hiring manager, or volunteer administrator in PA, you have a largesse of choices when selecting qualified workers. 

But which candidate is the right fit for your vacancy?  That’s a question that can only be answered by a comprehensive Pennsylvania background check. As an employer in PA, a background check is crucial in hiring trustworthy, qualified workers in Pennsylvania.  To prove this point, please read further for more information about Pennsylvania background check requirements, laws, and why this pre-hire step is critical for the success of your organization.   

What is a Background Check?

A Pennsylvania background check is valuable for both company employees and potential employees because it can help to uncover a person’s past attributes or blemishes. Companies will often use a background check to confirm a person’s validity when trying to make informed decisions about hiring them, such as for a new job. 

PreSearch is an accredited and FCRA-compliant background screener. If you are an employer, hiring manager, or volunteer administrator, you can trust our accurate and thorough background screening services so that you can make informed hiring and employment decisions.

Are Background Checks Necessary?

Not only are background checks necessary, but they are also essential to getting the information you need to hire the right candidate.  If you think about it, you know very little about a candidate outside of what is presented on his or her resume or application. Considering this, it becomes painfully clear that gathering more data and history is key to your business’s success and peace of mind.  

Now consider this: Up to 75% of employees have been known to commit theft while on the job, according to the Association of Certified Fraud Examiners.  This equates to over $50 billion dollars in business losses each year.  

Faced with these staggering statistics, your business or organization can’t afford to take chances when hiring new employees.  This is why extensive pre-screenings and a Pennsylvania criminal background check are necessary for your organization’s success.

How to Get a Criminal Background Check in Pennsylvania 

As we’ve already discussed, conducting a background check in Pennsylvania is essential when screening the best candidate for your organization. It’s also important to adhere to federal and Pennsylvania background check laws when conducting pre-screen checks.

The first thing you’ll want to do is ensure that your company has a background screening policy in place. This will ensure a uniform process and make sure everyone in your company is legally screened.

Once you have your background screening policy in place, you can choose third-party services for background checks to partner with for all of your screening needs, such as PreSearch. This will ensure the process is easy and straightforward for you.

If you should happen to do your own background check, there are a few different methods. A common way to gain background data is to use an online service that can get information from the Department of State and Social Security Administration.

In Pennsylvania, the PSP (Pennsylvania State Police) is in charge of maintaining a central repository of criminal records information, which they provide through their website and through mail requests using their proprietary Pennsylvania Access to Criminal History database (known as PATCH). 

If you get a PSP criminal records check, there will be some information missing. The criminal records repository doesn’t include sensitive information shared by other state agencies, and it doesn’t contain out-of-state conviction history or federal offenses. If you choose the PSP records search, your information will not contain an applicant’s education or work background–it only includes their arrest history.

If you’re looking for background checks in Pennsylvania, it’s important to ensure that you vet your options so you don’t get scammed. You may come across free services, but many of these so-called “free” services do not always follow the FCRA and state laws before relinquishing your information (and money). 

Moreover, these online background check services frequently fall short when delivering accurate, thorough, reliable information on your candidates. Therefore, if you’re wondering how to get a background check in Pennsylvania, your best solution is to use a legitimate, trusted service such as PreSearch. 

Finding the right employees for your company can be difficult when you depend on unreliable sources that provide incomplete background information. With PreSearch, you can rest assured that the information we provide is current, accurate, and obtained by legal means. Our pre-employment background checks include conviction records from other states, the federal government, and within the state of Pennsylvania.

At PreSearch, we make it easy to verify your applicant’s employment history, educational qualifications, and background checks. We understand how important it is to comply with the law during this process, which is why our background check packages offer fully compliant Pennsylvania background checks at competitive rates with a quick turnaround time.

Pennsylvania Background Check Laws

Getting up-to-date information on your candidate is one thing. Gathering this information in accordance with state, county, and federal laws is quite another issue altogether.  To explain, if a background check is conducted without complying with laws and regulations – your company could be exposed to lawsuits, litigation, penalties, fines, or worse.  To protect yourself from these costly and potentially devastating consequences, here are a few Pennsylvania background check laws of which to be aware. 

Federal Background Check Laws

Conducting a background check for an employee can be complicated. One of the most important tasks is understanding federal laws regarding background checks. These are extensive and can be complex, so we’ve broken down a few of the most common federal background check laws for you here.

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) was enacted in 1970 to protect consumers, including allowing them to dispute any inaccuracies on their credit reports. The FCRA is also the regulation that requires employers to carry out a pre-employment background check on an applicant or employee and allow them to review the results if an adverse action is taken, such as denying a person’s employment. The FCRA’s key concept is that it doesn’t necessarily impact whether an employee background check is allowable; rather, it regulates how such checks must be carried out.

Title VII of the Civil Rights Act 1964

Under Title VII of the Civil Rights Act of 1964 (also known as “Title VII”), it is against the law to discriminate against candidates based on their religion, color, national origin, sex (including pregnancy, sexual orientation or an individual’s gender identity), or ethnicity. Furthermore, the Act prohibits an employer from retaliating against any candidate or employee who lodges a complaint about discrimination on the job, files a complaint with the government, or takes part in an employment discrimination lawsuit or investigation.

Federal Ban-the-Box Restrictions

Also known as the Fair Chance to Compete for Jobs Act (or FCA), the “ban the box” law was made effective by the federal government in December of 2021.    As of this date, it’s now prohibited for certain federal employers and contractors to ask about an applicant’s criminal history before a job offer is extended.  This includes agencies from the executive, judicial, and legislative branches of the US government, as well as those who work in civil service or defense.  If you employ federal workers or are looking to hire someone, make sure your process complies with the new law by examining your job applications and interviewing policies.

The Fair Chance Act was enacted to give candidates who may have been incarcerated in the past a fair chance to compete for federal jobs. According to the Office of Congressional Workplace Rights, this act does not “remove access to criminal history information about an applicant for employment; rather, the purpose is to move that information to the end of the process” so those with criminal histories can get a fair shot at being employed by the federal government.

In other words, under the FCRA, federal employers and contractors cannot ask about arrests, indictments, formal criminal charges, sentencing, or sealed or expunged records on an application form or during the interview process.

State Background Check Laws

As you might expect, conducting a proper Pennsylvania background check requires employers to follow the state laws, which are plentiful and frequently changing. It’s important to stay current on state laws while conducting pre-screening on candidates to avoid penalties or litigation. With this in mind, here are a few established as well as new PA laws for background checks.

House Bill 764

This is a new background check law in Pennsylvania, and it is meant to level the playing field for PA employers. House Bill 764 works by removing a double standard in hiring practices for state-licensed and non-licensed businesses employing minors.

According to the bill’s sponsor, Rep. Brett Miller (Republican-East Hempfield), “Employers across Pennsylvania are already struggling to find enough people to hire,” said Miller. “Those offering seasonal employment to minors are being hit doubly hard by this legislation. This new law would significantly help employers and public agencies who are looking for workers, giving them access to a wider variety of potential hires. It’s also a good way for college students and teens to get their foot in the door.”

Clean Slate Law in Pennsylvania

This law is designed to take care of concerns not just for Pennsylvania residents but also for those with an interest in the state. Passed in 2018, the law automatically seals information on criminal convictions or misdemeanors ten years old or over.  That is, as long as any court orders of restitution have been met. This means any arrests or convictions can’t show up on Pennsylvania background checks or be used for hiring decisions.

Besides statewide laws, many Pennsylvania municipalities and counties have adopted their own fair hiring ordinances. These restrictions on background checks can create confusion for employers who operate in multiple locations around the state or who employ remote employees all across the Commonwealth. If an employer is unsure about the most stringent law in a particular area, they should comply with that requirement.

Criminal History Record Information Act, 18 Pa.

Pennsylvania’s Criminal History Record Information Act states that employers may only use an employee’s previous criminal history for certain purposes in deciding whether or not to hire the applicant. Felony and misdemeanor convictions may only be considered by the employer if they relate to the job for which the candidate is applying. If an employer does make a hiring decision based on part or all of an employee’s criminal history, then it must notify the candidate in writing if that decision not to hire has been made because of anything related to the candidate’s criminal history.

If an employer violates the Criminal History Record Information Act or violates a pre-hire’s rights, the candidate can file a civil suit to recover damages. These would include all actual and consequential damages of not less than $100 for each violation, punitive damages of not less than $1,000 and not more than $10,000 if the action was found to be willful, and reasonable costs of litigation and court fees.

Local Laws for Background Checks in Pennsylvania State

Depending upon where you are hiring in the state of Pennsylvania, you may need to adhere to specific local laws when conducting background checks.  Most notably, employers in Philadelphia should pay heed to the Philadelphia Code 9-1130.

The Philadelphia Code 9-1130 is a credit check ordinance that became legally binding at the beginning of July 2016. The amendment to Rule 9-100 of the Philadelphia Code creates a new layer of protection, in the form of the Fair Practices Ordinance, for citizens against lending discrimination.

Since its inception, Philadelphia Code 9-1130 has gone through some adjustments and amendments that PA employers must be aware of.  One such amendment that addresses the employer’s requirement to complete a credit check has already affected some agencies and financial institutions. This amendment expands the scope of 9-1130, Chapter 11 in the Philadelphia Code. In particular, law enforcement agencies and financial institutions are no longer exempt from the law’s restrictions. In other words, these entities may not rely on credit information for employment decisions related to job applicants or employees.

Due to recent changes, employers in Philadelphia are now required by law to conduct credit checks on all new job seekers. Additionally, the amendment includes law enforcement agencies and financial institutions as potential consequences for noncompliance. To make sure that your business meets the requirements of the amended ordinance, review your existing policies and practices to ensure compliance with this revised code.

What Shows Up on a Background Check in Pennsylvania?

As an employer, you might be asking yourself, “What does a PA criminal background show?” The answer to that question depends upon what types of information your organization requires in order to fill a particular position.  For instance, you should run a background check with the Department of Transportation if your potential employee’s job functions involve driving a company vehicle or making deliveries.  You may also want to run a background check for trusted employees who may potentially be working with vulnerable segments of the population such as the elderly or children. 

At the most basic, background information should include identity verification so you, as the employer, can confirm the applicant is who he or she says they are.  You should also obtain past employment verification as well as a review and confirmation of past education (including degrees, diplomas, certifications, etc). 

Additionally,  criminal records are a part of the candidate process. With PreSearch you will be able to collect, review and verify criminal records for peace of mind. Our Pennsylvania criminal background check will reveal crucial information such as: 

• Felonies 
• Misdemeanor 
• Arrests
• Charges
• Criminal Convictions 
• Pending Criminal Cases 
• History of Incarcerations 

Pennsylvania Background Check Requirements

When conducting background checks in the Keystone state, employers are allowed to inquire about some information in order to verify identity. Employers may also review a candidate’s past education and employment history.  However, there are certain details an employer in PA cannot inquire about or use in its judgment to hire or decline a position to a candidate.

For instance, PA employers can’t use disability tests to evaluate new applicants unless the test is directly related to the job. Furthermore, many districts may not approve of conducting genetic tests on their employees. However, Pennsylvania doesn’t have any laws related to the use of genetic information that are different from federal law.

If a Pennsylvania background check reveals that an individual has a medical cannabis card, it can’t be used to discriminate against them when looking for work. Under Philadelphia Code Chapter 9-4700, non-exempt businesses may not base their judgment to hire or withdraw an offer of employment based on a pre-employment marijuana test. However, Certain employers are exempt from this. Employers for law enforcement agencies or those who provide services to vulnerable groups of people are exempt from using marijuana testing results as a basis for hiring or refusing work to candidates. Those who have commercial driver’s licenses are also exempt, as are those with positions that would affect the safety and health of the public or other employees. Other exemptions may apply based on state or federal laws.

If you are an employer for a school or educational institution, Pennsylvania requires you to conduct a child abuse history check through the PA Dept. of Human Services.  A criminal records check with the PA State Police is also mandatory, as well as a federal criminal history check when hiring candidates in an educational institution. 

How Far Back do Pennsylvania Background Checks Go?

There is a standard lookback period according to the 7 year FCRA, Pennsylvania employers often adhere to.  This means that the most common length of time employers can look back into a candidate’s history is seven years.  If the salary for a particular position is at least 75,000 dollars or more, the FCRA restrictions do not apply. For these positions, the background report can go back to ten years. The FCRA guidelines don’t restrict convictions by dated time frames. Furthermore, regardless of when a conviction took place, all convictions can be reported (even if they occurred prior to the seven-year lookback standard).

All that said – under state law, there are no limitations on how far back Pennsylvania employers can probe for convictions, and a conviction for any offense (no matter how long ago) may be considered when making the hiring decision. However, Pennsylvania Clean Slate law blocks public access to information for most misdemeanor criminal convictions more than ten years old and arrests that didn’t lead to a conviction. This means that these incidents should not appear in background check results or be considered in your hiring decisions.

How Much Do Background Checks Typically Cost in Pennsylvania?

If you opt to go the DIY (do it yourself) route, you can expect to pay the Pennsylvania State Police $22 per each Pennsylvania criminal background check report.  Bear in mind that you will only receive criminal history for the state of Pennsylvania when you pay for this report.  You will not receive criminal histories in different states.  Furthermore, you will not receive basic information such as educational or employment background verification.  

You should also factor in the man hour cost involved when conducting a DIY Pennsylvania background check.  Very often, gathering all the information and contacting various different departments and organizations can be overwhelming and can cost a lot of money in terms of salaries for workers hunting down and organizing this information.  That is why PreSearch is the ideal solution. We offer affordable packages and provide you with the exact information you need promptly so you can get the most value.

How Long Does a Background Check Take in Pennsylvania 

Results can take up to four weeks when obtaining criminal background check information from the Pennsylvania State Police.  That is a tremendous amount of time if you are strapped to get the right person for a vital vacancy within your business.  However, when you partner with PreSearch, you can expect quick background check service with speedy, same-day results, and sometimes we can provide you with your background check information within a few hours.

PreSearch Is Here to Help

As you can clearly see, there are a bewildering amount of details when it comes to procuring a Pennsylvania background check.  From waiting for bureaucratic facilities to deliver criminal history on your candidate to priceless man hours wasted on following up on details regarding your pre-hire, conducting a background check on your own can be harrowing and costly.  

Moreover, you must ensure that you are compliant with state, local, and federal laws and regulations in order to avoid expensive setbacks when conducting background checks.  

With all of this in mind, the solution is clear.  PreSearch provides you with accurate, comprehensive information for your pre-hires, and we do it in full compliance with the laws.  We make conducting background checks on your candidates effortless and easy. When it comes to background check services in the state of Pennsylvania, you can’t afford to take chances. Contact PreSearch today, and let us prove how we can streamline your pre-hire process and get you the valuable data you need to hire the best candidate for your organization.

With its year-round balmy temperatures, thriving arts and culture scene, and relatively inexpensive cost of living – Florida is a big attraction for both employers and job-seekers alike.  But not everything is sunshine and oranges in Florida.  Recent statistics indicate that roughly 75% of small businesses have been the target of employee theft, leading to multi-millions in losses for Florida businesses each year. In fact, over 25% of Florida businesses admit that employee dishonesty in the form of theft, embezzlement, or identity theft has been a direct cause of bankruptcy or business closings.  

In light of these sobering statistics, it’s clear that obtaining a Florida background check on each of your pre-hires is critical in avoiding losses and hiring trustworthy workers.  If you are an employer in Florida, you cannot leave your pre-screening process to chance because there is too much at stake.  Furthermore, you should conduct background checks according to state and federal regulations to avoid further costly fines or penalties.  

As an employer, hiring manager, or volunteer administrator, a Florida background check for employment is your first, best action in protecting your organization and ensuring the best results in your operations.  At PreSearch, we conduct background checks in all 50 states, and we have witnessed time and again how vital this preliminary information is to the success of hiring businesses.  To underscore the importance of this point, this article addresses what you should know when conducting a background check in the Sunshine State.

What Are Background Checks?

Background checks are exactly what you might expect them to be – they are a method of determining whether or not an individual applying for a position is who they say they are. A Florida background check is meant to uncover details about an applicant to verify his or her identity as well as confirm employment and education history.  Criminal background checks in Florida are also helpful in determining if a candidate has had run-ins with the law that may interfere with his or her work performance on the job should they be hired. 

Why Are Background Checks Important?

No matter if you are running a corner ice cream shop or managing a multi-million dollar tech company in Florida – you need to know what kind of employees are working for you.  When you consider that your employees are the nuts and bolts of your business or volunteer organization, then it becomes obvious that hiring the best quality individuals is crucial.  That’s where background checks are invaluable.  

A comprehensive, accurate background check can give you the confirmation required to ensure you are hiring the right person for the job. In today’s world, trusting one’s word and a handshake simply doesn’t pass muster when it comes to hiring quality employees.  As an employer in Florida, a background check is a necessity to determine a candidate’s qualifications, trustworthiness, and viability as an employee within your organization. 

How To Get a Criminal Background Check in Florida 

There are two ways employers can perform a background check in Florida. One way is by conducting the check themselves, while the other is to work with a third-party company like PreSearch.

Here at PreSearch, we offer a service that allows you to research background information about people you are considering for hire. This can be something as simple as accessing criminal background checks in Florida, or it could involve more thorough investigations. In any case, PreSearch conducts pre-screening reports in adherence with federal and Florida background check laws so you can get the information you need quickly, easily, and lawfully.

Employers sometimes opt to conduct Florida background checks themselves. If so, they commonly start by requesting an applicant’s criminal records from the Florida Department of Law Enforcement and checking for sex offenders in the state. Employers may also reach out to an applicant’s past employers and educational institutions to confirm past work and education history. 

Employers may also be tempted to go online to find information about candidates. This can be tricky business for employers because finding information online may not comply with state and federal laws. For instance, if your self-conducted search uncovers negative information on an applicant that could be used to make an adverse employment decision, Florida employers are not permitted to use this information. If this data was collected in error or illegally, the information must be erased, and the individual notified of its erasure.

An employer-conducted background check is not a replacement for a licensed, fingerprint-based report. Additionally, a do-it-yourself background check can take a very long time to complete. And once all that information is gathered and received, you may find most of the information is incorrect, out-of-date, or inaccurate.

A significant issue with do-it-yourself employment background checks is that it’s difficult to get accurate information in a timely manner, as sometimes it can take days or weeks to speak to an employee’s former employer or obtain state-issued criminal history reports. PreSearch is fully experienced at providing accurate, FCRA-compliant, and up-to-date employment background checks, so you know the results you’re getting are done right.

Therefore, to complete FCRA-compliant background checks, it is recommended that you work with a reliable background check company like PreSearch. We research thoroughly and leverage our access to reliable databases to quickly produce background checks for clients.

With PreSearch, you can pick the types of information that you need in a background check that complies with the FCRA and other important state and local laws.

Florida Background Check Laws 

As mentioned, hiring managers, employers, and volunteer administrators must abide by state and federal laws when conducting background checks in the state of Florida. Here are some of the most pressing state and federal laws all hiring entities should be familiar with when conducting legal background checks on pre-hires.

Federal Background Check Laws

• Fair Credit Reporting Act (FCRA)
  The Fair Credit Reporting Act was proposed in 1969 to protect consumers. The Act gives consumers the right and ability to dispute incorrect data on their credit reports. The FCRA also regulates how employers can carry out background checks on applicants or employees, and how they can view results.  The Fair Credit Reporting Act also oversees how employers gather information, what types of credit information can be obtained, and how employers are permitted to use this information in the pre-hire process. Another key concept of the FCRA is that it doesn’t stop employers from carrying out background checks; rather, they must follow its guidelines when doing so.
  
• Title VII of the Civil Rights Act 1964
  The Title VII of the Civil Rights Act of 1964 is a law against discrimination in hiring. The law prohibits discriminating on the basis of religion, color, national origin, sex (including pregnancy), ethnicity, or nationality. When an employee makes a complaint about discrimination in their workplace or participates in an employment discrimination lawsuit or investigation, the employer cannot retaliate.
  
• Federal Ban-the-Box Restrictions
  The federal Ban the Box law is also known as the Fair Chance to Compete for Jobs Act. It was created by the federal government that forbids employers and contractors from asking about potential employees’ criminal histories on their job applications before they have been offered a position. As of December 2020, this means that employers and contractors may not ask about an applicant’s criminal history before they’ve been offered a job. The Fair Chance Act was put into play so that qualified candidates with past incarcerations have a fair shot at obtaining federal job positions.  The act does not “remove criminal history information about the applicant considered for employment. Rather, it moves this information to the end of the process so that a candidate may have a better chance of being hired by the federal government,” according to the Office of Congressional Workplace Rights. In short, Federal employers and contractors may not inquire candidates about indictments, sentencing, sealed or expunged records, arrests or criminal charges on pre-hire paperwork (such as an application) before a formal interview has been scheduled.
• EEOC
  The U.S. Equal Employment Opportunity Commission (EEOC) is dedicated to enforcing the Civil Rights Act of 1964 and other legislation as it relates to EEO discrimination in workplaces. The U.S. Department of Labor also has two organizations that enforce some EEO policies, the Civil Rights Center and the Office of Federal Contract Compliance Programs (OFCCP). It is important for employers and hiring managers to comply with EEO regulations and policies to avoid fines, penalties, and legal action from the federal government.

State Background Check Laws

Now that we’ve discussed the main federal laws to consider when conducting a Florida background check, let’s take a look at some critical state laws all employers must familiarize themselves with.

• 112.011, Fla. Stat. (2021) – Disqualification of Public Employees Based on Criminal Convictions  
  This state law says that a criminal conviction does not automatically disqualify candidates from future employment, but there are a few situations where an applicant can be denied employment for having a low-level criminal conviction. However, if a candidate applies for a job in the public sector with a felony or first-degree misdemeanor conviction on his or her record that relates to that position, then the candidate can be denied employment by the employer.
  
• 775.16, Fla. Stat (2021) – Applicants for Public Employment with Certain Drug Offenses
  Under Florida State law, §775.16 (21) prohibits people convicted of felony drug trafficking or sales from working at state agencies. However, if a person completes all the terms and conditions of their sentence and completes state-approved drug rehabilitation programs, they can potentially overcome this disqualification.
  
• Ban-the-Box Laws in Florida
  Florida is one of nineteen states without a statewide ban-the-box law. However, there are communities in FL that have passed local ban-the-box laws. For instance, the City of Lakeland has passed a ban-the-box law that prohibits city employers from including conviction information on their applications for employment. Numerous cities in Florida have passed laws to ban-the-box for public sector employees, including Gainesville, Tallahassee, Jacksonville, Sarasota, Orlando, and Tampa.
• Miya’s Law
  In response to the devastating murder of a 19-year-old student by an apartment complex worker in 2021, Florida passed Miya’s Law. Miya’s Law states that property managers of unsound apartments with transient and non-transient residents should be liable for stricter liability when it comes to rental housing violations. Miya’s law also places stricter regulations on hiring practices for housing property employers and managers.
  
• Does Florida Follow the 7 Year Rule?
  Yes. Florida background check records may comply with the FCRA 7 year rule, which states that certain records of criminal activity must not be accessed past seven years. Therefore, criminal records older than seven years may not be used or evaluated in the pre-hire process. However, there are caveats. Please see the limitations section below.

Limitations

• Fair Credit Reporting Act (FCRA)
  Before 1998, the FCRA prohibited consumer reporting agencies (CRAs) from reporting any criminal convictions more than seven years old. However, today, there are instances in which this restriction does not apply. For instance, FCRA 7 year time restrictions do not apply to background investigation on a candidate’s past education or employment history, and this information can be accessed as far back as the employer deems suitable. 
  
• In addition to the FCRA 7 year rule, Florida employers must ensure all credit information is accurate when consulting credit reports on applicants. To explain,  when the FCRA was created, it required businesses to ensure that consumers were protected from false information, identity theft, and compromises in privacy. Therefore, if the report proves false during a dispute, both parties must receive written notice.
  
• Under FCRA laws, credit reporting agencies are not allowed to report information on arrests that did not result in a conviction. This includes all arrest records more than seven years old. Employers also cannot use this type of information as the basis for making adverse employment decisions.
  
• Also, if an employee stands to earn more than $75,000 a credit reporting agency may report any activity that may have taken place before the 7 year lookback period. 

There can be dire consequences when employers or background check services fail to comply with the FCRA. Failure to comply could result in an applicant filing legal claims against an employer, which could lead to hefty fines and penalties.

Types of Background Checks in Florida 

There are different levels of background checks in Florida, and these levels are as follows:

• Level 1 Checks: Level one checks are name-based and state-only background checks. This is a preliminary check that assesses a candidate’s employment and education history in the state of Florida. This check also reviews whether or not an applicant may be listed on the national sex offender registry. In some instances, level one checks may dive into credit scores and a local Florida criminal records search.

• Level 2 Checks:  A Level two Check requires the applicants to have their fingerprints processed.  Level two checks are comprehensive background checks conducted by the FBI and/or Florida Department of Law Enforcement (FDLE). If an applicant has any incidents on their record that would prohibit them from owning firearms or impede work performance, an employer may have grounds to refuse employment after these checks are complete.

• Level 3 Background Checks: Florida does not require level three background checks. Nevertheless, some employers consider a background check from the FDLE as a level three type of check.

What Information Does a Florida Background Check Contain

The information you will receive on a Florida background check largely depends upon what types of information you require from the applicant as well as what data you need in terms of the position for which you are hiring.  

For instance, if you are hiring an individual who will be working in a sensitive environment among vulnerable segments of the population (such as eldercare, medical industry, or childcare) you should get a thorough background check for trusted employees which dives more deeply into an applicant’s background.

At the very least, a background check should verify an applicant’s identity and confirm his or her employment history as well as education experience (including verification of earned diplomas, certifications, and/or degrees).  

Many employers benefit from conducting criminal background checks in Florida which will reveal if an applicant has a criminal history.  To further ensure a comprehensive understanding of an applicant, employers may also want to obtain nationwide and international criminal history background checks which will indicate if a pre-hire has committed a crime(s) in other locations outside of the state of Florida.

How Far Back Do Background Checks Go in Florida

How far back do background checks go in Florida depends upon certain criteria.  As mentioned earlier, most background checks look into criminal and credit history only 7 years prior to applying for a position according to FCRA guidelines.  However, education and employment history lookbacks can go beyond the 7 year standard.  Furthermore, employers may also search beyond the 7 year mark for certain positions such as federal, government, or high-earning positions ($75,000 or more per year). 

How Much Does a Background Check Cost in Florida?

As an employer, you can conduct a criminal history report from the FDLE ( Florida Department of Law Enforcement) This will cost $24 per individual report. Bear in mind this state-generated criminal report will not reveal all the other types of background information that might be relevant to your applicant’s situation.

Some employers might be tempted to try out so-called “free” background check report services online.  This is ill-advised because not every website claiming to offer a free Florida background check is legitimate. You should avoid these providers, as they often provide inaccurate information or incomplete searches. Relying on this type of information when making hiring decisions could open you up to liability.

With PreSearch, we offer several different packages and add-ons depending on your needs. No matter what you need, our customization options can help you get the information you need on your candidates, and we gather all our information within compliance with all state and federal laws.

How Long Does it Typically Take to Complete a Background Check?

How quickly you get your pre-employment background checks depends on how you complete them. For instance, when searching for criminal history information, a state-level search would take around seven days or longer. If you DIY your background checks, it can take several weeks to contact local organizations such as education institutions, employment references, and more.  Moreover, it can be extremely time-consuming to verify, double-check, and organize a background check on your own.

A far more efficient and expedient solution is to use a fast background check service such as PreSearch. We offer in-depth background checks that are quick and accurate. We collect as much information as possible, and there will also be a detailed report reviewing everything our background check revealed. In many cases, our turnaround time can be same-day.

How PreSearch Can Help With Your Background Checks

Pre-hire and regular background checks are essential for protecting your business.  Moreover, pre-employment background checks should comply with any and all laws that are in place. In our efforts to be compliant, we keep a close eye on the laws that govern background checks. Our staff undergoes training to learn how to find the right information for our clients.

We know you want to get started with your hiring process as quickly as possible.  This is why we’re committed to being at the forefront of technology and customer services so you can rest assured you are getting the best possible background check services available. With our latest applicant screening solutions, we can give you all the information you need so that onboarding is a snap. 

Contact us today so we can show you how effortless and time-saving we can make your pre-hiring process and learn how we can help you hire the best candidates for your business success.

There is a common saying that “everything is bigger in Texas,” and this is certainly true for its expansive job market.  Because Texas does not have personal, state, property, or corporate taxes, it is a magnet for business owners and job-seekers alike.  Along with its cultural and natural diversity, Texas also offers some of the broadest employment opportunities, with healthcare, technology, construction, and transportation being some of the leading industries enjoying booming growth in the Lone Star State today.

If you’re an employer, hiring manager, or volunteer administrator in the state of Texas, you’re probably fully aware of the benefits and amenities the state provides to ensure healthy business growth and success.  However, do you know about the importance of making a Texas background check part of your pre-hire process? If not, you owe it to yourself and the ongoing good fortune of your enterprise to understand the inner workings of obtaining a background check in Texas for employment for new hires.  Please read further for answers and details about how the state approaches pre-screening checks and learn about Texas law on background checks for hiring.  

What is a Background Check?

Background checks are a way of determining whether or not someone is who they say they are. In Texas, a background check may also be used to find out whether or not an applicant has had any altercations with the law, which may interfere with their work performance if hired.

How To Get a Criminal Background Check in Texas 

The Texas Department of Public Safety (TDPS) manages all background checks in the state of Texas. The TDPS operates the state’s Conviction Database, which curates all public criminal records pulled from the Computerized Criminal History (CCH) system. CCH is a vast database containing all the state’s criminal records, but only qualified law enforcement and criminal justice agencies can access it.  

The Texas Department of Public Safety or the Texas Office of Court Administration oversees public records, such as criminal histories and court records. Organizations can request copies by going through the appropriate channels. Therefore, employers can request a criminal background check in Texas from TDPS by going directly to their website, or visiting one of their physical offices.

While many companies take on the responsibility of a background check themselves, PreSearch is a great alternative. Our third-party company can do the heavy lifting and provides information that you would never have access to on your own. We’ll examine all possible sources of an applicant’s history before we render any conclusions. Moreover, conducting a Texas background check on your own will only provide public records, whereas PreSearch can provide far more details, including national criminal records, social security and name trace records, identity verification, and much more.  More importantly, PreSearch provides accurate, fast background searches while remaining wholly compliant with federal and Texas background check laws.

Common Reasons Why Employers Find Background Checks Helpful 

Depending on what kind of job position you are trying to fill, your reasons for using services for background checks may vary from other employers.  For instance, if your business is in the transportation industry and you are screening for drivers within your company, it’s clearly a good idea to conduct a check on an applicant’s driving record.  

Almost all employers want to confirm an applicant’s employment history in order to confirm he or she has received prior training in their specialized field.  In addition to obtaining employment history, a background check can also be used for confirming educational background and determining if an applicant has received the degree, diploma, certifications, etc., that they may claim on a resume or application.  

In some cases, such as when a pre-hire might be handling a company’s finances, an employer may want to conduct a credit history check.  This can be revealing and helpful in terms of determining whether or not the applicant might be trustworthy with your business’s financial assets.

Of course, a criminal background check shouldn’t be overlooked when considering new applicants.  Most employers opt to have a Texas criminal background check to ensure the position offered to the applicant does not pose a conflict should he or she have negative marks on their criminal record.  There are still other employers who have good reason to obtain a background check for trusted employees, which is a type of check that is tailored for employees who will be working with vulnerable segments of society, such in the medical, eldercare, or childcare industry. 

Texas Background Check Laws 

Now that we’ve discussed some reasons to get a background check for pre-hires you might be wondering about Texas background check laws.  While Texas laws for conducting background checks are not as stringent as some other states, such as California, there are rules that must be followed.  Failure to comply with state and federal laws can lead to lawsuits, fines, penalties, and a slew of problems for any business owner.  Here is a rundown of common laws every employer or hiring manager should know while engaging in the pre-screening process.

Federal Background Check Laws

In addition to adhering to Texas state laws, employers must also abide by federal laws when looking into an applicant’s background.  Here are some of the most important federal laws to consider during the pre-hire process.

Fair Credit Reporting Act (FCRA

The Fair Credit Reporting Act was proposed in 1969 to protect consumers. The Act gives consumers the right and ability to dispute incorrect data on their credit reports. The FCRA also regulates how employers can carry out background checks on applicants or employees, and how they can view results. The Fair Credit Reporting Act also oversees how employers gather information, what types of credit information can be obtained, and how employers are permitted to use this information in the pre-hire process. The overarching theme of the FCRA is that it doesn’t stop Texas employers from carrying out background checks; rather, employers must follow its guidelines when doing so.

Title VII of the Civil Rights Act 1964

This is a law against discrimination in hiring. The law prohibits discriminating on the basis of race, religion, color, national origin, sex, or ethnicity – to name a few. Also, if an employee complains about discrimination at work or participates in a discrimination lawsuit, their employer’s hands are tied, in that they cannot retaliate.  Essentially, this law protects applicants from being discriminated against based on personal characteristics as well as protects people from defending others who have been discriminated against.

Federal Ban-the-Box Restrictions

The federal Ban the Box law, also recognized as the Fair Chance to Compete for Jobs Act, was created by the federal government to forbid employers and contractors from asking about potential employees’ criminal histories on their job applications before they have been offered a position. This means that since the law was enacted in December 2020, employers and contractors may not ask about an applicant’s criminal history before they’ve been offered a job.

EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) is charged with enforcing the Civil Rights Act of 1964 and other legislation as it relates to discrimination in workplaces. Workplace anti-discrimination laws are enforced by two organizations, the Civil Rights Center and the Office of Federal Contract Compliance Programs. Employers and hiring managers should comply with these regulations to avoid being fined for violations, or else face penalties or legal action from the U.S. federal government.

State Background Check Laws

Texas employers should be aware of the laws that limit their ability to access or misuse information from background checks that are not job-related. This can help ensure compliance with federal, state and local regulations for background checks. Here are a few other tips for state-related laws when conducing pre-screening functions.

Ban the Box Law in Texas

To date, there are no statewide ban-the-box laws in Texas. However, some regions might have fair chance hiring regulations that could stop an employer from asking you to provide your criminal history on a state form.

Currently, San Antonio, Travis County, and Dallas County all have bans on asking about criminal histories for city or county positions. In Austin, employers must wait until after an applicant is offered a job before checking into their criminal history. There is a $500 fine for any violations of this rule.

Current and Past Arrests and Convictions

In many states, employers cannot consider arrest records, but in Texas, they are legally allowed to. This means that, in the state of Texas, employers can inquire about arrests and convictions for job applicants. The only limitation is that employers cannot inquire into the person’s arrest or conviction information if it has been expunged from the public record.

Numerous US human rights groups take issue with the use of arrest histories as a consideration for hiring. The argument is that arrests do not prove guilt and must not be used in any way that would disqualify a job seeker. Employers are encouraged to find out whether an arrest led to a charge or conviction, specifically.

PreSearch is committed to helping you avoid pitfalls when attaining qualified workers for employment. We are fully versed in the Texas background check laws, and will help you along every step of the way with your pre-hire process.

How Far Back Does a Background Check Go in Texas

According to the 7 year rule background check, Texas employers can be restricted to investigating seven years prior to an applicant’s criminal background history – any activity prior to seven years is typically not permitted to use, depending on the crime.  However, there are some caveats to this lookback rule.

If a prospect is applying for a position that pays more than $75,000 annually, then under Texas law (TX Bus. Code Sec. 20.05), the employer has the legal right to check the applicant’s records from eighteen years of age and up.

Furthermore, employers should keep in mind that court records are not made public when a person is 18 years or younger. Therefore, an employer will likely not see any criminal convictions incurred before a minor turns 18.

If you, as an employer, choose to hire a third-party service to conduct their background or credit checks, the seven-year rule applies. As consumer reporting agencies are subject to both federal and state regulations and limitations, the newly hired person should not have committed any of the prohibited actions during the past seven years. So if you are wondering how far back does a background check go in Texas, the standard answer is seven years, with some exceptions.

What Shows Up on a Background Check in Texas

If you are wondering what shows up on a background check in Texas, you might be interested to know that Texas provides ample leeway when it comes to employers accessing public records for the pre-screening process. Employers have access to public information, such as criminal and civil court records, sex offender records, and any information on social networking sites like Twitter and Facebook. Court records provide insight into a potential candidate’s litigiousness, while other public records help identify what positions an applicant may be a good fit for. Social media posts can reveal details about a potential applicant that employers find relevant. However, employers are prohibited from using social media or public record information they discover to discriminate against an applicant for any reason that is protected by state or federal law. Other information that is available to Texas employers when conducting pre-screening checks may include:

• Felonies 
• Misdemeanor 
• Arrests
• Charges
• Criminal Convictions 
• Pending Criminal Cases 
• History of Incarcerations 

How Much Can Background Checks Cost in the State of Texas?

If you opt to obtain a fingerprint-based criminal history background check from the Texas Department of Public Safety, the fee is $15 per request.  Please bear in mind that this information will only provide you with the criminal history that has taken place in Texas. It will not provide you with essential information such as educational history, employment history, and other useful information to help you formulate the best choice for new hires.  Therefore, delegating background checks to your human resources department or doing checks yourself could amount to a significant amount of man-hours while gathering up all the information. This equates to a substantial cost.  A far better option is to team with PreSearch which offers affordable background checks for the state of Texas in a timely manner with accurate results.

How Long Does a Background Check Take in Texas 

The answer to how long does a background check take in Texas is contingent upon how you conduct your background check.  Texas Department of Safety criminal history reports can take days or weeks to process.  Also, if you opt for the do-it-yourself route for Texas background checks, it’s worth noting that background checks can take up an extraordinary amount of time. From calling previous employers to checking educational institutions – contacting references, and waiting for state-generated checks – all of this can take days, if not weeks.

This is when PreSearch is your best solution. We provide you with quick background checks that are compliant with Texas and federal laws.  Furthermore, our background checks are accurate, current, and thorough, which is a standard that is hard to achieve when going it on your own. 

PreSearch Can Help

Background check compliance can seem confusing, and it’s easy for companies to take the wrong step. Thankfully, PreSearch is here to help guide you. We’ll streamline the process by providing thorough background checks, as well as helpful tips and industry best practices.

At PreSearch, we’re always looking to provide industry-leading background checks for Texas and all 50 other states. You can count on our quick, accurate, and reliable results that will position you in an admirable position of being fully informed and best equipped to find the best fit for your business or organization.

Employers do not have it easy right now.  The hiring process has always been expensive, often costing employers thousands of dollars in time and expenses, plus the cost of having a position remain unfilled for weeks or months.  Between the exodus from the job market generally and the increase in overall costs from the pandemic fallout and world events, employers are struggling more than ever to find good job candidates.  

The last thing an employer needs is to go through the considerable time and expense of finding and onboarding a new hire only to find out that they chose the wrong person.  Bad employees, especially those who are untrustworthy or unethical, can be a human resources nightmare and can potentially do lasting financial and reputational damage to your company.  

Hiring managers in Indiana who need to get hiring right the first time to keep the business going and growing, and to prevent organizational risks, need to conduct an Indiana background check on every candidate before they are hired.  

What Are Background Checks Exactly?

A background check is an investigation to make sure that a person is who they say they are.  Typical background checks will verify a person’s identity, their employment history, their education, and any licenses they claim to hold.  Some background checks go further and look into criminal records or financial issues a person may have.  The main reason to conduct a background check in Indiana is to ensure that the person you are thinking about hiring is actually the candidate you believe they are.

How to Get a Background Check in the state of Indiana

If your job candidate is supposed to have a professional license, such as nurses, accountants, realtors, or home inspectors, the Indiana Professional Licensing Agency can verify the candidate’s license for you.  However, they are unable to provide the majority of what employers need to fully vet employment candidates, including information from other states.  A perusal of an applicant’s LinkedIn profile and resume aren’t enough either since that information is just the candidate’s word for who they are and what they have done. 

Employer’s best option is to use a background check service provider who is skilled at conducting specifically an Indiana background check for employment.  They will not only be able to conduct the background check in a legal and ethical manner, but they will also be able to provide insight and guidance as to the types of questions the employer may want answers to that they hadn’t known to ask. 

Federal Laws on Employment Background Checks

Every Indiana employer should understand that when you conduct criminal background checks, Indiana and Federal Laws apply.  Every Indiana background check, even quick background checks must comply with all of these laws.  

The two main Federal Laws to know are FCRA and Title VII.  The Fair Credit Reporting Act (FCRA), which is the federal law that people’s private information is fair, accurate, and protected.  It limits who can see what of a person’s private information.  Employee background checks are covered by this law.  Title VII of the Civil Rights Act of 1964 requires that background checks be used fairly and not to discriminate against candidates based on their race, gender, religion or other characteristics.  

Below is a quick overview of the relevant laws.  Please speak to your professional background check service provider for more information. 

FCRA

The Fair Credit Reporting Act (FCRA) was designed to restrict access to people’s personal, financial information. A company who wants to run a credit check on prospective employees, for example because that person will have access to or control over some of the company’s money, must get a candidate’s written permission before conducting the investigation.

Employers who decline to hire a candidate based on what they see in the candidate’s credit history must tell the candidate that this is the reason.  Primarily, this is because the FCRA also wants to ensure that the information that goes into every credit report is accurate.  People need to be able to check what their credit reports say in order to correct any errors.  

Title VII of the Civil Rights Act

Title VII of the Civil Rights Act of 1964 helps ensure that job applicants do not face discrimination based on certain protected characteristics.  These characteristics include race, color, gender, religion, and national origin.  This law applies to background checks because the law does not want employers to use background checks to discriminate during the hiring process.  For example, giving only black candidates background checks prior to hiring, but not candidates of other races would be unlawful and discriminatory.  The easiest way to comply with Title VII is to conduct the same background checks on all candidates for a particular job.  

Background Check Laws in Indiana

Indiana permits pre-employment background checks.  In fact, some occupations require a background check as part of the licensing or hiring process.  For example, teachers, hospital administrators, bank employees, and daycare workers must submit to background checks.  

However, all employers and the reputable background check service provider they hire to conduct Indiana background checks must make sure that the way they are conducted complies with state and federal laws.  Employers also must use the information gathered in an ethical and lawful way. Failure to follow relevant laws could result in fines, lawsuits, and negative publicity for your company.

Arrest Records

Indiana employers are allowed by law to consider an applicant’s “limited criminal history.”  Even when you use a professional background check service provider, Limited Criminal History Searches are conducted through the Indiana State Police.  This includes felony and Class A misdemeanor arrests.  Depending on how long the applicant has resided in Indiana, the type of employment being sought, may be eligible or require an Expanded Criminal History Search.

Criminal Records

Obviously, since an Indiana State Police background check includes felony and Class A misdemeanor arrests, they also include convictions.  Criminal background checks can extend back through a person’s entire life.  Expunged and sealed records will not appear, nor is an applicant obligated to disclose expunged or sealed arrests or convictions.  

Ban the Box

Ban the Box laws are designed to prevent employers from unfairly discriminating against candidates with criminal backgrounds. They typically require a company to wait until the application has been screened and the first interview is conducted before doing a criminal background check.  

Indiana background checks are no longer limited by Ban the Box regulations, except for hiring within the state’s Executive Branch.  As such, an employer who wants an Indiana criminal background check to help screen applicants is free to do so, so long as they follow the other relevant laws.

Expunged & Sealed Criminal Records

However, Indiana employers are not allowed to ask if the applicant has had records sealed or expunged.  Applicants have the right to withhold that information and deny that they have been arrested or convicted if the records were expunged.  

What Shows Up on an Indiana Background Check?

Depending on what the employee will be doing, what licenses or education are needed, the level of trust involved, and other factors, employers work with Indiana criminal background check professionals to create a customized list of items to be included in the background check.  These are some of the most common items employers ask for.

Criminal History

If a prospective employee has a criminal record, the employer can see things like the date of the arrest, what the person was charged with, how the case was disposed of and when.  If the person received a sentence, that along with the criminal case number, is viewable.   

Employment History

One of the really useful services for background checks is to have the investigator verify the applicant’s employment history.  This can be a time-consuming thing for human resources and hiring managers to undertake.  Under Indiana’s service letter law, former employers are obligated to share the time frame when the employee worked there, what their job was, and why they left, so long as the applicant agrees to it.

Education Confirmation

Indiana background checks can verify when and where an applicant attended college.  They can also confirm whether the applicant received the degreed that they claimed to have in their application.  

How Many Years Back Does a Background Check go in Indiana?

An Indiana background check has no limit on how far back a criminal check can go, nor how far back verification of an applicant’s education or work history can go.  The FCRA does impose a seven-year lookback limit for many positions; it does not apply if the salary of the job exceeds $75,000.   

How Much Does a Background Check Cost in Indiana?

Employers who are only interested in a criminal background check can expect to pay about $15 for the state to provide that basic service.  Although the state’s ICHAT system costs only $10 per report, the results of that system can be unreliable.  ICHAT reports are not legally compliant for positions requiring background checks.

Since so much of what an employer needs to know goes beyond whether or not the candidate has been arrested, and the information is of such value to employers, it’s worth it to pay a bit more for highly reliable information that is legally compliant, such as what PreSearch provides.  Like all services, the more information and service you want provided, the more the service package costs.  

How Long Does it Take to Complete a Background Check in Indiana?

Legal and reliable background checks in Indiana are fast and easy when you use a professional company, such as PreSearch.  Because you can count on their findings, employers only need to do one check per applicant in order to have peace of mind.

Why Look To PreSearch for Background Check Services in Indiana

Employers can’t afford to hire the wrong people.  If you need highly accurate answers about who your applicants are, don’t trust anyone but a well-established expert.  PreSearch will get you the information you need quickly, reliably, and in full compliance with Indiana and federal laws.  PreSearch takes the hassle and worry out of verifying your applicants, allowing you to focus on your business.  Count on us to provide the screening you need to make successful hires.

The job market in Michigan is finally on the rebound after several years of floundering from nationwide and global setbacks such as the pandemic and economic instability.  In fact, the US Congress Joint Economic Committee recently reported that Michigan added over 135,000 new payroll jobs, coaxing the state’s unemployment rate to fall by 1.9% in the last 12 months.

This is a promising outlook for employers in Michigan.  It means that the workforce is becoming more stimulated, which implies that employers are in a position to hire better help for vacant positions.  Although the job market is beginning to restabilize, Michigan employers still don’t have it easy.  

To explain, as a hiring manager or employer in Great Lake State, you’re responsible for hiring the best candidate for the job.  That entails conducting a Michigan background check to ensure individuals applying for jobs within your organization are verified, qualified and trustworthy.

What is a Background Check?

A background check is precisely what you might expect it to be.  It is the process of gathering data about an individual in order to verify their identity, confirm work history, as well as verify education history.  A background check might also look into an applicant’s criminal record or credit history.  The purpose of background checks in Michigan is to ensure the applicant you are interviewing is precisely who he or she claims to be on their application or resumé.

How to Get a Background Check in Michigan

Because the process of getting a state of Michigan background check can be arduous, complex, and time-consuming, most employers opt to use a professional third-party service to take care of all the details for them.  To elaborate, employers may opt to go through the Michigan State Police name-based criminal history database by using their Internet Criminal History Access Tool (ICHAT). However, employers soon discover that the information they get is limited. The ICHAT is only a Michigan criminal background check for employment – it will not include other information such as employment history or educational verification. Furthermore, this state-sourced criminal report will not disclose any nationwide or international criminal activity (if any).

Instead, hiring managers and employers are afforded far better advantages by using services to help with background checks. When using the professional investigators at PreSearch, you get the entire history of your applicants without going through the hassle of gathering all the information and waiting for results.  Moreover, PreSearch gives you a wide variety of accurate, meaningful reports that give you the full spectrum of data you need to make the right decision for your new hire.  We do all this while remaining strictly compliant with state, local, county, and federal laws.

Federal Laws on Employment Background Checks

What all employers should realize is that Michigan background check laws should be strictly adhered to, but even more important is abiding by federal laws when conducting pre-screens for new hires.  Here are the most important federal laws all Michigan employers should be aware of when conducting lawful background checks.

FCRA

The federal government initiated the Fair Credit Reporting Act as a means to protect consumer privacy. This is a comprehensive law that regulates and governs the appropriateness of gathering and using consumer information.  To explain, sometimes a Michigan pre-employment background screening might require an employer to get a credit check on an applicant. As a consumer, the applicant’s information is protected under the FCRA. 

Under the FCRA, credit reporting agencies are prohibited from disclosing arrests that did not lead to convictions older than seven years old.  Credit reporting is also limited to revealing types of information over seven years old such as civil lawsuits, collections, and bankruptcies under the FCRA.  There is a caveat to this restriction. If an employee stands to earn $75,000 or more, the law does not apply, and employers are allowed to check back longer than the standard seven years when conducting a credit check on applicants.

Title VII of the Civil Rights Act

In 1964, the federal government passed the Civil Rights Act, and Title VII is a critical part of adhering to government law when conducting a by-the-book background check in Michigan.  This pivotal law is overseen by the Equal Employment Opportunity Commission (EEOC) and is meant to prohibit employers from discriminating against applicants according to certain characteristics.  In short, it is unlawful to award or deny employment to applicants based on factors such as race, religion, political affiliation, or gender – just to name a few characteristics.  

Title VII also comes into play when conducting a criminal background check in Michigan. According to the EEOC guidelines, employers may not use conviction information as a basis for denying an applicant employment.  Title VII and the EEOC specifically state that an employer should assess each applicant and their convictions (if any) as they relate to the position the applicant might be awarded before making a decision to grant or deny the applicant employment.

Michigan State Background Check Laws

Whether your organization is conducting a Michigan criminal background check or simply verifying the identity of an applicant – it is important to follow Michigan state laws during the Michigan pre-employment background screening process.  Failure to comply with local, county, and state laws could lead to hefty fines and penalties from the state which could be a big setback for your organization. Furthermore, not conducting background checks in accordance with the laws could lead to lawsuits and litigation. That is why it is critical to understand and abide by state and federal laws. Here are a few of the most common Michigan state laws all employers must heed when conducting background checks. 

Misdemeanor Arrest

According to Michigan state law, it is unlawful to inquire if an applicant has had misdemeanor arrests, dispositions, or detentions that did not result in a conviction.  This state law, MI Comp. Laws  §§ 37.2205a states that the applicant is legally permitted not to disclose details about these arrests during the pre-screening process.  However, this law does not apply to felony charges that are pending dismissal or conviction.  Write about misdemeanor arrests in detail. An applicant can legally withhold information about such arrests during the application process. 

Criminal Records

In some instances, individuals applying for a position may have expunged or sealed records.  In this case, an applicant can legally opt not to disclose that he or she has a criminal record.  However, when it comes to a criminal background check, Michigan law expressly states that  expunged or sealed records are not to be factored into an employer’s decision to hire or deny employment to an applicant.  Furthermore, anyone sent to a juvenile diversion program or sentenced under the Holmes Youthful Trainee Act will typically have sealed records, which cannot be admissible when hiring an applicant.

Unavailable Records

Not only are sealed or expunged records inaccessible to employers during a pre-hire screening of an applicant but there are also other records that will not be available upon inquiry. To explain, when an employer goes through the state-sourced ICHAT database, data such as juvenile records, tribal records, traffic records, and federal records will not be disclosed.

City of Detroit Employers

Under Detroit Municipal Code §§ 13-1-11, 12, 13, public contractors in Detroit, MI, and public employers in the city of Detroit are not permitted to inquire or factor any criminal conviction in the employment process until after the applicant has been scheduled for a formal interview.  However, this law is made exempt if employers must hire for positions where state and federal laws require criminal background checks.  

What Shows Up on a Background Check in the State of Michigan?

When using a qualified and reliable background search service, employers have many options in the types of information they can obtain for a Michigan background check.  Alternatively, if you opt to go exclusively through the state’s ICHAT database search, you will only receive criminal background information for the state of Michigan.   

Criminal History

If an applicant proves to have a criminal record, a Michigan criminal background check will divulge specific details such as the criminal case number, date of arrest, charges, disposition, and date of disposition.  The criminal history will also disclose the severity of the charge (whether it is a felony or a misdemeanor) as well as details surrounding the sentence.

Employment

Getting employment verification is a must in order to confirm an applicant has worked in the positions claimed on an application.  Employment background checks are also crucial to determine if an applicant has the work skills and on-the-job qualifications required in the position for which he or she is applying. Confirming an applicant’s employment background protects hiring companies from potential problems if an applicant has falsified his or her work history on an application.

Education

It’s important to confirm education history during the pre-hire screening process.  The reason being is that employers need to verify an applicant has achieved a certain level of education she or he has claimed on their application or resume.  Furthermore, an education background check will reveal whether or not an applicant has earned degrees, certifications, licenses, or diplomas that might be integral to the job position offered.

How Far Back Does a Background Check Go in Michigan?

As with most states, Michigan abides by the 7-year lookback period, which is the standard established by the FCRA.  The FCRA also controls what types of information can be accessed during those seven years.  For instance, civil lawsuits or collections cannot be reported prior to 7 years from the time a background check is run.  However, if an applicant stands to earn $75,000 or more if granted the job position, then the 7-year lookback period does not apply and employers can look back into an applicant’s credit history past the 7 year standard.  Criminal convictions can be reported no matter what the age – and information such as education and employment history can go past the 7-year lookback period as well. But in general, the answer to how far back does a background check go in Michigan is the standard 7 years.

How Much Can Background Checks Cost in Michigan?

As an employer in Michigan, you can expect to pay $10 per report if you use the ICHAT system.  However, you can expect to pay a lot more in human resources or administrative hours because it takes an inordinate amount of time to gather, track down, and verify employee information if the check is done in-house.  

Furthermore, the time spent waiting on state-sourced information and compiling background data means money wasted when the applicant could have been in his or her position sooner if a third-party background check service is used.

Moreover, if your organization opts for a DIY background check, you may be opening yourself up to costly lawsuits and liabilities if these checks are not conducted according to state and federal laws.  

Some employers might consider using a so-called free background check service, but this is ill-advised.  In most cases, these turn out to be questionable companies, and the information they claim to provide is almost always inaccurate or out of date.

Ultimately, you are at a far better advantage by going with PreSearch for your background check service needs.  Our services are highly affordable, especially if you factor in that having the most accurate information at your fingertips quickly and easily (and in compliance with the law) is a priceless asset in your organization’s pocket. 

How Long Does it Take to Get a Background Check Completed in Michigan?

As mentioned, if you DIY a background check, you can anticipate spending a significant amount of time hunting down information, gathering details, and waiting on governmental institutions to send you the criminal background check you require.  Plus, it takes time to learn about state, city, county, and federal laws to ensure your organization stays compliant.  All of this could amount to days or weeks to get background check results.  Alternatively, you can make the smart choice and get fast background checks with PreSearch. In most cases, we can get you same-day results.

Why Look To PreSearch for Background Check Services

Your time is money, and you can’t afford to wait on the results you need to hire the right people.  Additionally, you can’t place your trust in so-called “free” or limited state-sourced services when it comes to getting the most trustworthy and qualified person for the job.  With PreSearch we eliminate all doubt. Our fast, accurate, comprehensive background checks in Michigan give you all the information you need to make the best decision about your new-hires.  What’s more, we make background checks effortless for you, freeing you to concentrate on other pressing matters within your business or organization.  With PreSearch, you never have to worry about overwhelming details, wasting time, or staying compliant. We make everything easy for you.

Currently, Utah state’s unemployment rate is 1.7% less than the national average. In fact, according to the Utah Department of Workforce Services, the state has added over 50,000 jobs since 2021, which is a 3.4% increase from the previous year.  With these promising statistics in mind, the Beehive state is becoming a very attractive location for qualified individuals seeking employment.

As an employer, this is great news.  It means you can be more selective about candidates applying for work within your organization.  It also means you have a more diverse supply of potential applicants when meeting the demands of your business or volunteer organization.

On the other hand, the pre-hire screening process is fraught with potential challenges.  From the need to confirm identity and check for criminal activity to verifying past employment and education – the importance of getting a Utah background check on your applicants is crucial.  

As a hiring manager, employer, or volunteer administrator obtaining Utah background checks is critical in order to ensure you are hiring the right individual as well as protecting your organization from potential problems down the road.  

While background checks can be incredibly valuable in determining the right candidate, it’s also important to understand how background checks in Utah are conducted. For instance, in terms of conducting a criminal background check, Utah has some very specific state regulations.  Federal laws must also be adhered to in order to avoid litigation, violations, penalties, or fines.  Considering this, here are a few essential things every Utah employer should know when obtaining a background check in the state.

What Are Background Checks?

Quite simply, a background check includes a series of processes that looks into the past history of a potential candidate applying for a job.  They are intended to confirm identity and verify the applicant is who he or she says they are.  

Moreover, background checks are useful in confirming an applicant’s claims about past employment and educational history.  In addition to confirming identity, past employment and education, background checks in Utah may also include elements such as criminal history, credit check, and more.

How to Get a Background Check in Utah

The easiest and most effective way to obtain comprehensive and accurate data on pre-hires is to obtain services for background checks through a reputable company such as PreSearch. While it’s true that employers can go through state agencies to gather background information, this data isn’t all-inclusive, and it can also be time-consuming to acquire.  Moreover, not all employers are qualified to request background data from the state.

To elaborate, employers who are hiring to fill vacancies pertaining to certain fields such as, national security, local government, working with children, or vulnerable adults, or adoption agencies, are qualified to request background records through the Utah Department of Public Safety.  If your business or organization does not meet these criteria, you should request background checks be provided by the applicant. If the applicant is unable to produce their own background check, you may be able to access limited information through the Utah Division of Occupational and Professional Licensing (DOPL).  You may also submit a request to the Utah Department of Corrections for criminal histories on pre-hires.

That said, none of these government-based agencies will provide you with the broad spectrum of information required to get the big picture of an applicant’s past history.  To explain, if you request information from any of the aforementioned state agencies, you are only getting a slice of information.  

For instance, criminal records issued from the state will only reveal criminal activity committed in the state of Utah – it will not show any nationwide or international infractions. Similarly, requesting information from the DOPL will only confirm whether or not an applicant has a license to perform a job function and the current status (active, revoked or inactive) of that license.

Because these Utah-issued background checks are far from comprehensive, you should rely on a third-party background check service such as PreSearch.  Our qualified and experienced professionals can gather extensive information ranging from identity verification, criminal history, education, and licensing status, personal reference checks, and more such as name, social security, and address tracing.  

We provide you with a buffet of background choices, which pales in comparison with state-issued information.  Moreover, we give you everything you need in an extensive report.  That means no more hunting and gathering information or waiting for responses – PreSearch makes your background checks in Utah easy and effortless.  

Federal Laws on Employment Background Checks

Utah employers and hiring managers must comply with both state and federal laws when conducting background checks.  Failure to abide by pre-hire rules and regulations could result in expensive fines, or even litigation.  

One of the most critical federal laws Utah employers should heed is the FCRA, which is known as the Fair Credit Reporting Act.  Passed in 1970, this Act is meant to protect consumers (in this case, applicants) from privacy violations when it comes to credit reporting.  For instance, the Act governs how consumer-applicant information is gathered, retained, and used.  

Another federal hiring law is Title VII of the Civil Rights Act.  Title VII was enacted in 1964 by the federal government as overseen by the US Equal Employment Opportunity Commission (EEOC).  The Act expressly prohibits hiring, firing, or denying employment to any individual based on certain characteristics such as religion, race, gender, political affiliation, etc. 

State Background Check Laws in Utah

Whether you are conducting a basic employment history verification, or a criminal background check, Utah has specific regulations that must be followed during the screening and pre-hire process.  According to Utah hiring laws, applicants and candidates should obtain their own background checks if the employer requires this.  If an applicant wishes, he or she also has the option to give a potential employer permission to have a background check conducted upon them (in case they cannot or do not want to provide their own background check information to their prospective employer).  Once an applicant provides a potential employer with a release form, the hiring organization is permitted to use a third-party background check service to obtain the information about the applicant.

Ban-the-Box Law

In 2017, the state of Utah passed a ban-the-box law, which prohibits government employers from asking applicants about any criminal history or record until they have granted them an official interview.  Without an interview, employers are not permitted to ask about any potential criminal activity until after a conditional offer of employment is granted to an applicant.

Criminal Investigations and Technical Services Act

The Criminal Investigations and Technical Services Act is a state law that permits only a certain type of hiring organization to obtain a criminal background check in Utah.  Under this law, employers in the private sector are permitted to run FBI criminal background screenings, but are not allowed to request county or state criminal history records.  Some private businesses such as employers that deal with vulnerable populations (elderly and children) or employers whose work involves national security may be permitted to obtain a Utah state background check.  

However, employers can obtain criminal information by asking applicants to produce their own criminal records.  Private employers in Utah can also obtain criminal information by providing applicants a waiver in writing which must be signed and authorized by the state. This gives the employer or a third-party background check service the written authorization and permission to obtain criminal background information on the applicant.

Arrest Records

While Utah employers may obtain criminal histories, they are not permitted to unfairly judge criminal history on the basis of granting or denying employment to applicants.  Therefore, arrest records should not be included in an employer background check.  This “limited criminal history” access is a state regulation that is meant to prohibit employers from making judgments according to an arrest record that could dissuade employers from hiring applicants.

What Shows Up on Background Check in Utah?

When obtaining a Utah background check, hiring managers and employers have several options available as to what type of information shows up from a pre-hire screening.  For instance, a standard background check can verify details such as, identity, employment, and education.  Other information in standard background checks can include information about an applicant’s driving record, credit history, and/or civil records. 

Criminal History

A criminal history is a collection of any kind of illegal activities that have resulted in being recorded, such as convictions, felonies or arrests.  A criminal history is also known as a rap sheet in layman’s terms.  Criminal history can be obtained by local and state law enforcement agencies.  For example, an employer or an applicant can request criminal record information from the Department of Public Safety Bureau of Criminal Identification.  If there is criminal activity on this report, it will show details such as the date of arrest, the criminal case number, types of charges (if any), severity of the charge (whether it is a felony or a misdemeanor) and the sentence delivered for the charges.

Employment History

Employment history should detail the various jobs an applicant has held. It should also include how long the individual has worked there and the position held.  In some instances, employment history may include whether or not an individual was promoted or demoted in any given position, and sometimes employment history may also include salary history.  An employer can verify employment by contacting each previous employer listed by the candidate on his or her application or resume.  Employers may also contact the Utah Division of Human Resource Management which may provide employment history if an employer is registered with their Employee Resource Information Center (ERIC).

Education Confirmation

As you might surmise, getting confirmation about an applicant’s education history is critical in determining if he or she is qualified for the position offered.  It’s also an important aspect in confirming the degrees, education, licenses, etc, the applicant claims to have earned have indeed been achieved by the applicant. Employers can confirm education history and qualifications by contacting the learning institutions the applicant provides on his or her resume or application. Employers may also be able to request a transcript from certain education institutions. 

How Many Years Back Does a Background Check go in Utah?

Based on the federal standards as mandated by the FCRA the limit of time a background check can go is 7 years.  However, this 7-year lookback period does not apply if an applicant could stand to earn $75,000 or more if awarded the position of employment.  Except for this caveat, the 7-year lookback period is sufficient for most employers in Utah, and it also complies with federal guidelines.

How Much Does a Background Check Cost in Utah?

If you opt to go the DIY (do it yourself) route for a Utah background check, the expenses can add up quickly.  Utah state-issued criminal background reports can cost $15 per report if obtained through the Utah Department of Public Safety.  Educational institutions charge a fee to retrieve transcripts, and these fees vary per institution.  There are also fees associated with obtaining reports through Utah’s public records systems.  Additionally, when you tally all the man hours it takes to gather, track down, and request information – the payroll hours can accumulate to a high cost.  The most cost-effective way to get an array of accurate background checks in Utah is to use a reliable background check service such as PreSearch.

How Long Does it Take to Complete a Background Check in Utah?

The DIY tactic to obtain pre-hire history reports can be time-consuming.  It can take days or weeks to receive state or government-issued background checks.  If you require data from other facilities such as learning institutions, or public records, there is no guarantee these reports will be returned to you in a timely manner.

Your best option is to use PreSearch’s fast background check service.  Our qualified professionals can render accurate, diverse, and comprehensive background reports significantly faster than going through local, state, county, or governmental sources.  Our reports are thorough and expedient, as well as conducting in full compliance with state and federal laws.  

And if you’re tempted to use one of those “free background check services” advertised online, try to resist the temptation.  More often than not, these so-called free background check providers use unsavory practices to obtain data.  Even more unsettling is that the data on these free reports is almost always inaccurate, out-of-date, or not obtained by legal methods.   

Why Look To PreSearch for Background Check Services in Utah

When you are seeking the right employee, you simply cannot leave your decision to hire up to chance.  With PreSearch, we provide all the vital information you need right at your fingertips – and we do this within the letter of local, county, state and federal laws.  PreSearch background check services give you peace of mind, because you know you are getting current, precise information on your applicants.  Moreover, our skilled professionals understand every industry, and pre-screening requirements for each.  So whether you have a volunteer organization, hiring for a medical or educational facility, or a hiring manager for a business – PreSearch can deliver the precise results you need with a significantly faster turnaround time than other methods.

While recent upheavals across the nation have wreaked havoc on employers and employees alike, Oklahoma still enjoys a healthy job market.  In fact, according to the US Congress Joint Economic Committee, the state of Oklahoma added roughly 46,000 new payroll jobs, and 500 private payroll jobs were added as of August 2022.  Considering these promising statistics, it’s no wonder that the Sooner State is attracting qualified workers who are relocating to the state for better employment prospects.  

While the state might be alluring for prospective employees, employers are under more pressure now today than ever before to suss out the best candidates for their business or volunteer vacancies.  This is when an Oklahoma background check can be invaluable.  If you are a hiring manager, employer, or volunteer organization seeking trustworthy and qualified workers, you should read this in-depth information about conducting a background check in Oklahoma and why it’s crucial to do so.

What Are Background Checks Exactly? 

A background check can mean many things depending upon what type your organization needs.  For instance, an Oklahoma criminal background check looks a lot different than a credit check or verification of employment.  Nevertheless, the overarching commonality all background checks share is the end-purpose of confirming and verifying an applicant is qualified for the job positions offered.  Furthermore, a background check is designed to reveal key information about an applicant in order to assess if he or she is who they say they are and can be trusted to work within your organization.

How Can I Get a Background Check In Oklahoma? 

Your best plan of attack in obtaining a fully compliant and comprehensive Oklahoma background check is to utilize reliable background check services, such as you will find with PreSearch.  Our professional experts make background checks in Oklahoma simple, quick, and easy.  Moreover, we can provide you with all the information you need without having to hunt down different sources – and we do it all in full compliance with state and federal laws.

However, if you want to get a background check in Oklahoma on your own, you can submit a request to the OK State Bureau of Investigation.  The Bureau has a database of individuals who have criminal records.  You can request this information either online or by mail.  If you are a hiring manager in the education system, you can request criminal background checks from the Oklahoma State Department of Education.

If you choose to take on the exhaustive task of background checks independently, you should know that these state-generated criminal records will only show infractions committed in the state of Oklahoma.  This means you will not attain criminal history if your applicant might have committed a crime in other states, or internationally.  

Why Should Oklahoma Employers Conduct Background Checks?

There are a myriad of reasons that confirm getting background checks on applicants during the pre-hire process is a good idea.  Most importantly, a background check can verify an applicant’s identity – essentially informing you the applicant is who he or she claims to be.  Secondly, the screening process can confirm the applicant has indeed received adequate education, training or experience for the job by verifying education and employment history.

When you consider that an applicant (if granted the job) has access to sensitive information such as business material, financial data, etc. – employers should make every effort to ensure those assets are protected by getting background checks.  Furthermore, if your potential new-hire might be associating with vulnerable populations such as children or the elderly, that’s all the more reason to get a thorough background check to confirm the applicant can be relied upon and trusted.

What Is Unique About Background Checks in Oklahoma?  

In addition to abiding by federal laws and regulations during the pre-hire process, it’s crucial to understand specific state laws when screening applicants.  For instance, Oklahoma requires that employers must individually assess applicants should they have a criminal history.  This means that employers must determine if the criminal history is in direct conflict with the employment position for which the applicant might be hired.  If this is the case, Oklahoma employers are required to prove that the criminal charges on an applicant’s record justify denial of the job position.  

If an employer determines an applicant’s criminal activity is justifiably cause for denying employment, the employer must then provide the applicant with a pre-adverse action notice.  This is a written document that notifies the applicant that explains the refusal of employment based on an Oklahoma criminal background check conducted on the applicant. 

The pre-adverse action notice must include the specifics of the conviction that are in conflict with the job position and a copy of the conviction report.  Additionally, the pre-adverse action notice must give a reasonable deadline for the applicant to have the opportunity to explain, clarify, or justify the criminal charges.  Essentially OK employers must give the applicant a chance to defend themselves in an attempt to vie for the job position.

Let’s say an applicant has pleaded his or her case against the criminal background check in Oklahoma by the specified deadline in the pre-adverse action notice.  But, as an employer, you still decide to decline employment.  In this case, a final adverse action notice must be sent to the applicant.  This formal, final notice lays out the details as to why the applicant was denied employment.  According to Oklahoma hiring regulations, the final adverse action notice must also include verbiage about the applicant’s right to challenge the final denial as well as his or her right to request reconsideration for employment.

While all this might sound very bureaucratic, it’s essential to comply with the Oklahoma criminal background check laws.  It might provide some solace to know there are some conditions that Oklahoma employers can absolutely refuse employment to an applicant.  For instance, if an applicant clearly lies or inordinately embellishes so-called facts on his or her application or resume.  If your organization requires a pre-hire drug test and the applicant fails it – that is also grounds for disqualification of employment.

How the Background Check Process Works in Oklahoma

As mentioned, you can DIY a background check by submitting a request to the Oklahoma State Bureau of Investigation.  After receipt of your request, the state will pull any kind of criminal history your applicant may have and send it back to you.  Bear in mind, this report will only show criminal activity that took place in the state of OK – it will not show infractions committed (if any) in other states or internationally.

The most convenient way to go about a background check in Oklahoma is to use a trusted, reliable third-party provider such as PreSearch.  In this scenario, all you need to do is reach out to us, tell us what kind of screenings you require, and we’ll do all the work for you.

Oklahoma Background Check Laws

Another advantage of using PreSearch is that we are current and well-versed in federal laws as well as state of Oklahoma laws. That means when you opt to have background checks in Oklahoma done by PreSearch, our reports will be conducted in full compliance with state and federal regulations.  Here are a few background check laws every employer should be aware of when moving forward with the pre-hire screening process.

Does Oklahoma Have a Ban the Box Law?

Yes.  The so-called “ban-the-box” law prohibits employers from asking questions about any criminal activity in an applicant’s past.  This was mandated in 2016 via Executive Order 1023.  This law bans the box that was previously shown on applicants that inquired, “Have you been arrested of a felony?” or verbiage along those lines.  The law also prohibits verbal questioning about past criminal activity before the interviewing process begins.

Fair Credit Reporting Act 

Also known as FCRA, this is a federal law that is enforced and governed by the Federal Trade Commission.  The Act was set into motion as a way to preserve and protect consumers (your applicants) privacy when a credit report is run.  It regulates how financial and credit information is acquired, reported and disseminated by consumer reporting agencies.  The act also governs how employers can use applicant credit information in the pre-hiring process.  Furthermore, if a credit check is done, the applicant must be notified in writing of this fact, and the applicant must sign that they fully understand a credit report will be conducted on them.

Title VII of the Civil Rights 

This is another federal law that protects applicants’ rights.  Title VII is part of the Civil Rights Act of 1964, and represents a strong stance against discrimination.  The law is regulated by the US Equal Employment Opportunity Commission (EEOC) and it is one of the most crucial laws to abide by as an employer in the US.  

Essentially, Title VII of the Civil Rights act prohibits employers from denying applicants employment based on gender, sex, religion, political affiliation, etc.  It also dissuades employers from making snap judgments against declining employment to applicants based on criminal history.

Employers Pay for Drug and Alcohol Testing

In some instances, such as with a trusted employees background check, an employer may require a drug or alcohol screening test on pre-hires.  This is a logical and practical request, especially if potential employees are working with vulnerable populations such as the elderly or with children.  It’s also a reasonable request if part of the applicant’s job function will be driving, using heavy equipment, or will be in direct contact with controlled substances.

Oklahoma employers must notify applicants they are subject to a drug or alcohol test prior to the screening.  That said, according to Oklahoma state law 40-556, the employer is responsible for paying for drug and alcohol testing.  However, if an employee requests a copy of the drug/alcohol screening, he or she is responsible for paying for that copy.

Employers Pay for Pre-Employment Medical Screening

As an employer in Oklahoma, you are permitted to conduct a pre-hire medical screening if the job position requires it.  However, if this type of testing is required, the employer is responsible for paying the full cost of medical screenings on applicants.  Furthermore, the employer must give the applicant a copy of the medical screening results within 30 days of testing.l

Employers Can’t Request Social Media Information

Oklahoma law has had to scramble to accommodate the ever-changing landscape of the internet and social media.  As an answer to this, under Oklahoma state statute 40-173.2, employers are prohibited from asking applicants or employees for the social media usernames, passwords or access to their accounts.  Furthermore, employers cannot ask to be in the presence of applicants or employees while they access their social accounts.  Additionally, employers cannot demand to be “friends” or be “liked” by applicants or employees.  With this in mind, an employer can request access to an employee’s social media activity if he or she has used social media on the company’s internet or equipment if the need for investigation of this social media material is required. 

Employers Can’t Inquire About Sealed or Expunged Records

As with most states, expunged records are inaccessible to employers.  According to Oklahoma stat. 22.-19, hiring managers cannot ask applicants about any information that has become sealed or expunged by the state.  Furthermore, an applicant cannot be denied employment if he or she denies any criminal activity (if asked) if that activity has been sealed from the record or expunged.

What Generally Shows up on an Oklahoma Background Check?

When you use PreSearch, you have a diverse variety of information at your command, because we provide you with an impressive array of different background checks. That means a broad-spectrum of information can show up on an Oklahoma background check when you opt to partner with PreSearch. However, if you opt for state-issued background checks, you will only receive criminal records that took place in the state of Oklahoma.

Whatever tact you choose to take with Oklahoma background check, you should receive the basics.  These essential details include, verification of identity, employment history, and educational background confirmation. You can also review Oklahoma criminal background check details such as felonies, misdemeanors (that have not been expunged or sealed), pending criminal cases, civil judgments.  You may also conduct a search on the national sex offender registry, check out motor vehicle reports for infractions, review prison records, and determine if an applicant has been placed on the Domestic Terrorist Watchlist.

How Long Does a Background Check Take in Oklahoma? 

Would it surprise you that you could have a full identity verification, educational history check, employment history, and criminal background check in Oklahoma within the span of a day?  In some instances, you can have all this information at your fingertips within an hour.  That is, if you use a professional, fast background check service such as PreSearch.

Alternatively, if you opt to do background checks yourself, or dole the task to your human resources department – the length of time to gather, organize, collect and process background information could take days – or worse – weeks.  The reason for this is that gathering all this information is incredibly time-consuming.  Making calls to previous employers or educational institutions takes an arduous amount of time.  Furthermore state-issued criminal background checks are slow in coming, and can take days or weeks to get results.

How Far Back Does Oklahoma Go Back for Background Checks? 

As with most states in the US, the standard lookback time for background checks in Oklahoma is seven years.  This is due to FCRA mandates, which adhere to a seven-year timeframe when it comes to doing background checks on applicants.  This timeframe does not apply if an applicant may earn $75,000 or more per year in salary.  In this instance, a credit report or background check may look past the seven-year limit.

Additionally, criminal convictions can extend beyond the seven-year period, as long as the records are not sealed or expunged.  The same holds true for employment history, and educational background which can look back prior to the standard seven-year period.

How Much Can a Background Check Cost in Oklahoma?

If you are conducting checks through the Oklahoma State Bureau of Investigation, the fee is $15 for a name-based check and an additional $19 for a fingerprint-based background check per each applicant report.

The cost of obtaining additional background information can be extensive in terms of payroll hours. This is because, as mentioned, gathering all the information required to conduct a thorough and comprehensive check can be extremely time-consuming.  Consequently, you could be spending a lot of money on HR salaries to get the information required during the pre-hire process.

Why Look To PreSearch for Your Background Checks 

Getting the all-encompassing information you need to hire the right candidate for your business or volunteer organization can be complicated, confusing, and overwhelming.  But it doesn’t have to be.  With PreSearch, we make the pre-hire process seamless and easy.  Simply reach out to us and apprise us of your needs, and our experts can return current, accurate results – in many cases, with an impressive turnaround time.  

What’s more, we conduct all of our background checks within the full letter of the law, so you never have to worry about compliance issues with state and federal regulations.  With all the responsibilities you face every day, PreSearch is your best solution for making your work and life easier.  Ultimately, PreSearch provides you peace of mind because we give you the right tools, resources, and data so you can make the right hiring choices for the future of your business.

The state of Missouri enjoys a lot of enviable perks when it comes to attracting qualified employees.  The state is family-friendly, affordable to live in, and it’s also a great place for remote workers. What’s more, Forbes 100 cited three companies in Missouri as the top three places to work.  

In light of all this, the state is positioned to lure in well-qualified workers.  That’s good news for you, if you are an employer, hiring manager or volunteer administrator looking for the right people to fill vacancies.  However, no matter how ideal a candidate might be, every hiring organization should conduct a Missouri background check to confirm an applicant’s information.  With this in mind, here are some things all hiring managers and administrators should consider when getting a background check in Missouri

What Exactly Is Background Check? 

A background check in Missouri is pretty much exactly what you might think it is.  A background check is meant to inform employers or volunteer organizations about the history of a potential candidate for a job or volunteer position.  The purpose of a background check is to confirm an applicant’s past history, as well as assess if a candidate is a right fit for the position being offered.

As with most states in the US, a Missouri state background check – at a minimum – should include applicant information such as employment history, educational background, and criminal history. Depending upon the position for which an applicant is being hired, more detailed information may be included in a background check. Essentially, a background check is instrumental in verifying that the applicant is who he or she is who they say they are, as well as confirming an applicant’s identity.  

How Can I Get a Background Check In Missouri? 

If you’re wondering how to get a background check in Missouri, you can start by requesting a check through the Missouri State Highway Patrol Automated Criminal History System.  This will provide you with criminal activity an applicant may have on their record (if any).  Bear in mind, that this Missouri criminal background check will only reveal infractions committed in the state.  It will not disclose any criminal activity an applicant might have been involved with in other states, or internationally.

You might obtain additional information by getting in touch with the Missouri Court System, which offers online background checks through their Case Net System.  This is a name-based database that searches through the state of Missouri’s court records.  While this information can be helpful in the pre-hire process, the Case Net System isn’t always the most reliable.  To explain, some search results may cull individuals with similar names and may be unrelated to your particular applicant.  Furthermore, there are some municipal courts that do not participate in the Case Net System. Therefore, you might not be obtaining all the information you need when going this route.

As a hiring manager, you can try to do a Missouri background check yourself, by personally contacting an applicant’s previous employers, calling previous educational institutions, checking personal references, etc.  However, this could take a tremendous amount of manpower hunting down all these details.  Plus, it can take a long time to receive the information you’re trying to obtain either yourself or through state government institutions.  Moreover, in conducting a DIY background check, you might not be fully aware of state and federal laws governing how background checks are conducted.

With this in mind, your best option is to partner with professional background check services such as those offered at PreSearch.  We know the letter of the law in the state of Missouri, as well as federal laws.  That means all of your background checks will be fully compliant with federal and Missouri background check laws – which thus frees you from any potential liability.  Additionally, our professional experts have the resources at their disposal to get you fast, accurate, reliable results.  We can also provide you with a broad-scope of information, so the details you receive are not limited to just Missouri state.

The Importance for Missouri Employers to Conduct Background Checks

Perhaps the most important payoff in obtaining a background check in Missouri is peace of mind.  When you have all the accurate details in your hands, you can rest assured that your decision to award or deny employment to an applicant is based on faultless data and current information.  

What’s more, a background check can give you the insights you need to determine whether or not an applicant is trustworthy, qualified and capable of working within your organization.  If you think about it, you’re potentially hiring a virtual stranger to manage, care for, and operate within your business or volunteer organization.  Considering this, a background check is pivotal in making the best choice for your company or volunteer operations.

Is There Anything Unique About Background Checks in Missouri? 

Most states have commonalities when it comes to screening applicants during the pre-hire process.  However, it’s important to know about certain laws and regulations in Missouri when obtaining historical information on applicants.  

For instance, if you are an employer in Kansas City or St. Louis, or you are a hiring manager for an executive branch agency, you are not permitted to inquire about any criminal activity until later in the hiring process.  In other words, you cannot ask an applicant about criminal history until the applicant has been interviewed and it’s been determined that the applicant is a qualified choice for the job position. Even if you are hiring outside of Kansas City or St. Louis, you should still hold to the protocol to avoid stepping outside the law.

In the event you do discover an applicant has a criminal history, you must take this information under consideration as it relates or applies to the job position.  For instance, if the applicant has been convicted of embezzling, and the job position is for a cashier – this is clearly a conflict.  There are laws that prohibit denying a candidate a job based exclusively on a Missouri criminal background check. Therefore, an applicant must be thoroughly considered – even if he or she has a criminal history – before employment is denied.

If, after you thoroughly evaluate the criminal activity in relation to the job position, you determine the applicant is inappropriate for the job position – you need to provide the applicant with a pre-adverse action letter.  This is a written document that informs the applicant that he or she is being turned down for employment based on adverse information that was revealed in a background check. The letter must detail the negative information, as well as provide the applicant with a deadline for the applicant to provide evidence, clarify, or explain the criminal activity as well as show proof he or she has been fully rehabilitated.

Once you’ve provided the applicant with the pre-adverse action letter, and given him or her adequate time to prove their case, you still have the right to deny employment if you are not fully satisfied with the applicant’s response to the adverse action process.  If you still do not want to hire the applicant, you must send a formal and final adverse action letter to the applicant.  This final notification should include the name and contact information of the person or organization who conducted the background check on the applicant.  You must also include a copy of the rejected candidate’s rights under Missouri state law and the FCRA, along with the final adverse action letter.

How Background Checks in Missouri Work 

As an employer in the state of Missouri, you have several different options regarding how you conduct background checks on potential new-hires.  You can go the DIY route, which, as we mentioned earlier, involves submitting requests to the State Highway Patrol Automated Criminal History System for a Missouri criminal background check.  You also have the option to request information through the Missouri Court Case Net System. Your best option is to use a reliable third-party background check service that can get you current, accurate results in a timely fashion – all while staying compliant with federal and Missouri background check laws. 

Missouri Background Check Laws

Speaking of compliance with Missouri state laws, here are a few overarching laws that all employers must abide by should a background check in Missouri be conducted independently.  Failure to comply with these laws could result in litigation by an applicant or penalties and fees imposed by the state or federal government upon the hiring organization.

Missouri Executive Order 16-04

As of 2016, the governor of Missouri signed Executive Order No. 16-04.  This is know as a “ban-the-box” law which is meant to reduce discrimination against hiring applicants with a criminal background.  This Executive Order prohibits hiring executive branch agencies from asking questions about criminal activity from applicants before a formal interview and evaluation has been done. 

Does Missouri Have a Ban the Box Law?

Yes, but it is not necessarily state-wide.  To explain, both Kansas City and St. Louis does have ban-the-box ordinances.  In St. Louis, under Ordinance 71074, employers with 10 or more employees are prohibited from asking about criminal information or requesting an applicant to divulge criminal activity on an application. This is to deter employers from denying employment to individuals with a criminal background.

In Kansas City, Ordinance 180034 works similarly.  The difference is that employers with 6 or more employees cannot ask applicants or require applicants to share information about potential background history before they have had a formal interview. 

Fair Credit Reporting Act 

This is a federal law that is crucial to abide by in the pre-hire process the Fair Credit Reporting Act (FCRA) is meant to protect consumer rights and privacy when data is collected.  The Act also protects how this information is collected, retained and disclosed to employers by consumer reporting agencies. Additionally, this Act prohibits employers from conducting a credit check on applicants without giving them written notice first. If adverse information surfaces from the credit check, the employer must go through the FCRAs adverse action process before denying employment to the applicant in question.

Title VII of the Civil Rights 

This civil rights act was passed by the US federal government as part of the Civil Rights Act of 1964. The Act was established as a way to reduce or eradicate discriminating against applicants based on certain characteristics such as race, gender, religious affliation, etc.  Title VII mandates that employers cannot be selective about background checks based on membership of a particular or protected class within society.  Essentially, an employer cannot discriminate against an applicant, and must fully evaluate each applicant’s situation (including criminal activity) as it directly relates to the position offered to him or her.

Missouri Expungement Law

According to Missouri’s statute 610.140, if an individual proves to be convicted of certain misdemeanors or felonies, the applicant has the right to petition to the court and the county they were convicted in to have the expunged.  If the petition is approved, the individual’s criminal activity is sealed, and cannot be accessed by an employer during a criminal background check. Furthermore, if the candidate has an expunged criminal record, he or she reserves the right to deny having criminal activity if asked during the pre-hire process.

What Shows up on a Missouri Background Check? 

At the very least, a background check in Missouri should show employment verification, which verifies the applicant has worked with the past employers he or she claimed to work for on a resume or application.  A general background check should also include education background, and verify if the applicant has received the education, licensing, certifications, or degrees he or she has claimed on an application or resume.

If a criminal background check is conducted, various information will show up if the applicant has a criminal history.  Such details include the date of offense, type and level of offense, date of disposition and sentence information. 

A background check should also show verification of identity.  This type of report confirms the validity of an applicant’s social security number, legal name, and birth date.  All of these figures should match, which is a level of clarification that confirms an applicant’s identity.

There is additional information that can show up on a Missouri background check, and as an employer, you have the option to extend screenings to other areas such as conducting a sex offender registry check, credit checks, driving record checks, etc.

How Long Do Background Checks Take in Missouri? 

The amount of time it takes to conduct a background check in Missouri and get results is contingent upon how you go about conducting the check.  For instance, if you choose to conduct checks independently, or have your human resource department conduct a check – this can take days, or more likely weeks to get results.  

The reason for this is because it takes a lot of time to collect, organize and track down the information you need for a comprehensive background check.  Furthermore, government agencies are not typically expedient when it comes to providing criminal background check results.  For a fast background check, your best option is to partner with a professional provider such as PreSearch.  In most cases, we can give you background check results within a day, or even a few short hours.  That is a striking time difference from waiting days or weeks for results.

How Far Back Does Missouri Go Back for Background Checks?

If you’re wondering how long does a background check take in Missouri, the lookback time for Missouri background checks is seven years.  Missouri’s expungement laws and the FCRA govern this seven-year term, and any information prior to seven years is inadmissible.  However, if an applicant stands to earn over $75,000 per year, the lookback period may go back further than seven years.   Therefore, information such as civil judgments, bankruptcies, non-conviction arrests, or civil judgments cannot be reported if they are older than seven years.

How Much Can Missouri Background Checks Cost?

If you opt to request a criminal Missouri state background check through the name-based Case Net System, the fee is $14.00 plus a convenience fee.  The fee is charged for each applicant you obtain a background check on.  The fee to obtain records from the Missouri State Highway Patrol is $41.75. Other government-sourced checks such as checking identity via a drivers license verification or MVR report can range from $3 – $10 per applicant.

PreSearch Can Help

When you need the most up-to-date, accurate and comprehensive information on your applicants, PreSearch is your ultimate solution.  We are committed to providing your organization with complete details with fast turnaround times.  Moreover, we have a buffet of different types of background checks so you can get a broad-spectrum view of your applicants. By using PreSearch, you know that you have the right information at hand to make the best hiring choices – all within strict compliance of state and federal laws.