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If you’re hiring in the state of Idaho, you might be tasked with the epic responsibility of ensuring your potential hires are trustworthy and reliable. The most dependable and common way to do this is by conducting an Idaho background check on pre-hires. However, it’s crucial to understand the legal requirements for background checks in Idaho before you begin the process. To keep you and your business protected, we’ll cover everything you need to know about Idaho state background check laws and how you can safely and legally conduct background checks on pre-hires for your business.
How PreSearch Can Help With Background Check Services in Idaho
At PreSearch, we believe the more accurate information you have in your hands about pre-hires, the better your hiring experience will be. We are a background check service provider that specializes in helping employers conduct fast and reliable background checks on potential hires – all according to Idaho state and federal laws. Our background check services are designed to help businesses in Idaho comply with state and federal laws while also protecting their business owner’s interests.
We have years of experience, so we are fully aware that every business has unique needs. Therefore we offer customized solutions tailored to fit your specific requirements. Our committed team of seasoned pros works with you side-by-side to get you the vital information you need on your pre-hires so that you can make the best possible hiring decisions.
What is a Background Check?
A background check is when an employer or volunteer recruiter looks into an applicant or recruits past to determine their viability for a position. It involves collecting information about their criminal history, employment, and education history, creditworthiness, and other relevant personal details.
Importance of Idaho State Background Checks
When it comes to a background check, Idaho employers can make informed decisions when hiring new employees. Employers need to know if their prospective hires have a criminal history, previous employment records, credit reports, and medical information that help employers assess if an applicant is an ideal fit for a job position.
Ultimately, Idaho state background checks are crucial in safeguarding businesses from risks related to employee misconduct, such as theft or fraud. They offer another level of protection against fraudsters who may want to exploit vulnerable companies.
Idaho Background Check Laws
Employers in Idaho must comply with state and federal laws when conducting background checks on job candidates. State and federal laws regulate the type of information that employers can consider during the hiring process, as well as dictate how that information is gathered and used. Having said that, let’s take a closer look at a few of the most common federal and Idaho state background check laws that every employer should be familiar with.
Federal Laws on Employment Background Checks
Not only must hiring managers, volunteer recruiters, and business owners abide by state laws when conducting background checks – they must also adhere to federal laws. Here are a few main federal laws that employers must abide by when conducting employment Idaho background checks.
Civil Rights Act,Title VII
A pivotal federal law governing employment background checks is Title VII of the Civil Rights Act. This law prohibits discrimination against job candidates based on characteristics such as religion, race, color, creed, sex, etc. Employers must ensure that their background check policies do not disproportionately impact individuals within these protected classes.
The Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) is a federal law that governs how consumer reports and credit data is collected, distributed, and used. This includes credit checks conducted by third-party companies.
Under FCRA regulations, employers must obtain written consent from job applicants before running a pre-screen check. The pre-hire must also be provided with a copy of any reports generated as part of the screening process.
The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces anti-discrimination laws in the workplace. The EEOC ensures that employers comply with federal laws. For instance, it prohibits discrimination of a pre-hire based on characteristics such as the applicant’s national origin, race, sex, color, gender, etc. In terms of a criminal background check, Idaho employers must follow the EEOC guidelines regarding the use or outcomes of any criminal activity found in a pre-hires screening process.
Idaho State Employment Background Check Laws
Idaho State has specific employment background check laws that all hiring entities must follow to ensure they are conducting lawful and safe pre-employment screenings. These laws aim to protect job applicants’ privacy rights while also ensuring employers have the necessary information to make informed hiring decisions.
Criminal History Checks
Criminal history checks are an important aspect of background checks for potential employees in Idaho. Employers want to ensure that they hire trustworthy individuals who will not pose a risk to their business, customers, or other employees.
These types of checks can reveal any past criminal convictions or charges against the individual being screened. Criminal history checks can be conducted by law enforcement agencies or third-party companies specializing in background check services.
Employment of Ex-Offender
Regarding employment background checks in Idaho, past criminal convictions can be a major concern for both employers and potential employees. Hiring an ex-offender may seem risky, but refusing to employ someone based solely on their criminal record can also lead to legal issues.
Idaho state law does not prohibit the employment of individuals with prior convictions unless they are specifically barred from certain industries or positions. Employers who do decide to hire ex-offenders may want to take additional precautions, such as getting an Idaho health and welfare background check and/or obtaining a background screening for trusted employees.
Credit reports are a common background check used by employers in Idaho to evaluate potential employees – specifically if they are in trusted positions, working with business assets, cash exchanges, etc. These reports provide information on an individual’s credit history, including payment history, outstanding debts, and bankruptcies.
Employers are also required to get written consent from the pre-hire before conducting a credit report and follow the FCRA guidelines. This helps protect the applicant’s privacy rights and ensures compliance with federal and state laws.
Medical records are considered sensitive information and should be handled with utmost care. Employers in Idaho are not allowed to use medical records as part of their employment background check process unless the record is relevant to the job being applied for.
For example, if an applicant has disclosed that they have a medical disability that may impact their ability to perform certain tasks related to the job, then employers may request further information regarding those conditions.
What Happens if an Employer Fails to Comply With Idaho Background Check Laws?
Employers in Idaho have an obligation to comply with both federal and state laws when getting background checks on potential hires. Failure to comply could face legal consequences.
One of the most significant consequences of non-compliance is a lawsuit filed by the affected employee or applicant. They can claim damages for any harm caused as a result of the employer’s failure to comply with Idaho background check laws.
Additionally, employers who violate these laws might be faced with brutal fines and penalties imposed by the government authorities that regulate them. These fines can range from a few hundred dollars to hundreds of thousands of dollars, depending on the severity of the violation.
Types of Background Checks in Idaho
When it comes to background checks in Idaho, there are two primary kinds of checks that employers can conduct: criminal background checks and employment background checks.
Criminal Background Checks
The most requested background check is an Idaho criminal background check. This type of check searches for any past criminal activity that an individual may have been involved in. Employers often conduct these checks to ensure that they are hiring trustworthy and reliable employees.
In Idaho, employers can legally perform criminal background checks on potential hires and current employees. However, it’s important to note that certain restrictions apply when using this information during the hiring process.
Employment Background Checks
These types of background checks help employers make informed decisions about potential employees based on their past employment history, education, and criminal record.
One important aspect of employment background checks is verifying a candidate’s previous work experience. This can be done by contacting former employers to confirm job titles, responsibilities, and reasons for leaving. It’s also important to verify educational credentials such as degrees or certifications.
How to Get a Background Check in Idaho
If you’re looking to conduct a “do it yourself” (DIY) background check on a potential employee in Idaho, you can start by submitting a request for criminal records from the core repository located with the Bureau of Criminal Identification via the State Police.
Keep in mind, however, that this information will only reveal criminal history on a pre-hire that may have been committed in the state of Idaho. You will not receive any criminal records (if any) from other states or countries. Furthermore, this state-generated criminal report will not provide you with vital data such as employment history and educational background.
How Long Does an Idaho Background Check Take?
The answer to this is largely based on what types of background checks in Idaho you are pursuing and how you go about obtaining this information. For instance, if you go through the Idaho State Police, the results can take days or even up to a week to receive. This is because state resources are typically limited, and it takes time to process criminal record requests.
If you DIY your background check, you can also anticipate long wait times. The reason being, it can take an exorbitant amount of time to gather information, track down contacts, and double-check all the information to ensure a thorough Idaho background check is performed.
Alternatively, when you use PreSearch, you can expect fast background checks that are completed with a high level of excellence and with the utmost accuracy. Moreover, not only are our background check services the fastest way to go – we also save time because we know all the federal laws and Idaho State laws – making the process quick, easy, seamless, and legal.
How Far Back Does an Employment Background Check Go in Idaho
Idaho employers, hiring managers, and volunteer recruiters must be in compliance with the FCRA’s regulations regarding how far they are permitted to look back into a pre-hire background. This FCRA standard lookback period is seven years. That means any activity (criminal or credit) that took place before the seven-year lookback period may not be considered in the pre-hire process.
There are a few caveats to this lookback standard. For instance, if a pre-hire stands to earn $75,000 or more if hired, then the credit lookback period may go further back than seven years. Also, if a pre-hire’s criminal records are sealed or expunged – these are not permitted to be viewed or used in a pre-hiring decision. Additionally, the seven-year lookback period does not apply to details such as looking into employment or education history – these details can go further than seven years.
What Can Be Found in an Idaho Background Check?
A background check in Idaho can reveal a variety of information about candidates and pre-hire applicants. In most instances, the following information can be found on an Idaho background check:
- Criminal records
- Employment history
- Education verification
- Credit history
- Driving records
- Professional licenses
How Much Does Idaho Background Check Cost?
If you opt to go through the State Police Bureau of Criminal Identification, you can expect to pay $20.00 per each individual request for criminal background information.
That might sound reasonable, but what if you are also doing the rest of your background checks in-house? The time amassed collecting data, complying with state and federal laws, and organizing this data to determine the viability of an applicant can be exhaustive.
By far, your best option is to partner with PreSearch. We make all your background check needs in Idaho easy, quick, and legally compliant – and all for an affordable price. When you consider the accuracy, quality of information, and speed in which you get it (all while staying compliant with background check laws) – PreSearch is easily your most suitable choice for the best value.
In short, PreSearch offers fast background check services in Idaho that can help businesses get accurate results within a reasonable time frame. With our expertise in background screening for trusted employees, we can provide cost-effective solutions tailored to your specific needs.
*a select number of states charge an additional, mandatory, county court fee in addition to our standard service fee.
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