A Complete Guide on Maine Background Check (2023)

• July 14, 2023
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Ranked among the top ten best business environments in New England by CNBC News, Maine is a prime place for startups, small business owners, and volunteer organizations alike.  Mainers know that the state is a mecca for advantageous business opportunities, including ample small business resources and a healthy workforce of capable, qualified individuals. But how do Mainers ensure they have the very best workers to sustain and grow their business or volunteer organizations?  That’s where PreSearch answers the call for superior and thorough Maine background checks. So, if you have the luxury of living, playing, and working in the great Pine Tree State, keep reading while we give you the rundown about the ins and outs of getting a background check in Maine for new hires and volunteers.

How PreSearch Can Help With Background Check Services in Maine

At PreSearch, we take pride in providing comprehensive employee background check services in Maine. We offer efficient and thorough background checks to help employers onboard trustworthy employees.

One of the key advantages of choosing PreSearch Services for background checks is our ability to tailor screening solutions to meet the unique requirements of different industries. Whether you operate in healthcare, finance, education, or any other sector, we can customize our services to align with your specific needs.

Navigating the ever-changing landscape of Maine background check laws and regulations can be overwhelming for employers. That’s where PreSearch comes in. We stay current with all relevant federal and state laws, ensuring compliance and allowing you to focus on your business confidently.

When you partner with PreSearch, you can expect exceptional care and unparalleled service. Our goal is to simplify the background check process in Maine, making it as straightforward and hassle-free as possible. Trust our partnership to provide you with reliable information from trusted sources, enabling you to easily make informed hiring decisions.

What is a Background Check

A background check is a valuable tool that involves thorough research and gathering of an individual’s records, including commercial, criminal, and financial information. Typically utilized by employers during the hiring process, these checks play a vital role in assessing a candidate’s suitability for a job and safeguarding the organization and its employees.

Importance of Maine Background Checks

Maine background checks hold significant importance, extending beyond the hiring process alone. They are crucial for maintaining workplace safety and integrity and providing an unbiased assessment of a candidate’s past. Background checks and screenings for trusted employees verify the accuracy of applicants’ information, which helps protect companies from potential risks such as fraud, theft, or harmful behavior. Employers can make informed decisions, foster trust, and ultimately enhance the overall quality of their workforce through this essential process.

Maine Background Check Laws

In Maine, background check laws are governed by a combination of federal and state regulations. To maintain legal compliance and avoid disputes, employers must clearly understand the requirements and nuances associated with each law.

Federal Laws on Employment Background Checks

When conducting a State of Maine background check, employers are bound by state laws and federal regulations. It’s crucial to familiarize yourself with the key federal laws that apply to background checks in Maine. These federal laws must be observed alongside state-specific regulations to ensure full compliance throughout the hiring process.

Fair Credit Reporting Act (FCRA)

The FCRA regulates how employers can use a candidate’s consumer reports, which can include credit reports and criminal records. Before obtaining these reports, employers must notify candidates in writing and receive their written consent.

If an employer opts not to award employment to a candidate based on the information in a consumer report (a decision known as an “adverse action”), they must follow a specific process. This involves providing the candidate with a pre-adverse action disclosure that includes documentation of the consumer report and a summary of their rights under the FCRA. After a reasonable amount of time, the employer must provide a notice of adverse action, informing the candidate about their rights to see the information reported about them and to correct any inaccuracies.

Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal laws that expressly forbid employment discrimination based on factors such as religion, race, color, sex, disability, national origin, or age. These laws apply to background checks and require employers to use them in a non-discriminatory manner.

Maine State Employment Background Check Laws

In Maine, background check laws aim to strike a balance between the interests of employers, who require pertinent information to make informed hiring decisions, and individuals, who have a right to privacy and fair employment opportunities. To understand these laws comprehensively, let’s delve into some of the key aspects.

Substance Testing Law

The state of Maine has specific laws governing substance testing in employment. These laws outline the procedures and requirements for drug and alcohol testing in the workplace.  If a pre-hire drug screen is required, an employer must first have approval of their company’s drug policies from the Maine Department of Labor. 

Medical Use of Marijuana Act

The Medical Use of Marijuana Act in Maine protects qualified patients from discrimination in employment based on their medical marijuana use.

Ban-the-Box Law

Maine’s Ban-the-Box law restricts employers from asking about an applicant’s criminal history on job applications. This law aims to give individuals with criminal records a fair chance at employment by allowing them to be evaluated based on their qualifications rather than past mistakes.

Social Media Law

Maine has legislation in place that restricts employers from requesting access to an applicant’s social media accounts as a part of the pre-employment screening process. This law protects the privacy of individuals and prevents employers from using social media as a basis for employment decisions.

Consequences of Noncompliance

Failure to comply with Maine background check laws can result in significant legal consequences, including fines and lawsuits. It’s crucial for employers to understand these laws or enlist the help of a trusted service like PreSearch to ensure they remain compliant while obtaining the necessary information to make informed hiring decisions.

Types of Background Checks in Maine

While it may seem like there are a lot of rules and red tape when it comes to adhering to state and federal laws, the good news is that Mainers have the freedom to conduct a myriad of background checks, and here are the two most common

Criminal Background Checks

A Maine criminal background check provides valuable information about an individual’s criminal history, including convictions, arrests, and incarcerations. This helps employers make informed hiring decisions and ensure a safe workplace environment.

Employment Background Checks

Employment background checks in Maine involve verifying a candidate’s work history, such as employment dates, job titles, and reasons for leaving previous positions. These checks help employers validate a candidate’s experience and assess their suitability for a role.

How to Get a Background Check in Maine

To obtain a criminal background check in Maine, you can request a fingerprint-based or name-based search from the Maine State Police. However, keep in mind that these reports only cover criminal history within the state and may not include information from other states or internationally. For a comprehensive Maine background check that includes employment history and educational background, choosing a reliable provider like PreSearch is advisable.

How Long Does a Maine Background Check Take?

The duration of a background check in Maine differs based on the depth of the check and information sources. With PreSearch, you can expect quick and fast background checks. With our speedy turnaround times, we can give you results within a day or two, sometimes even the same day. We understand the importance of timely hiring decisions and strive to provide efficient results.

How Far Back Do Background Checks Go in Maine?

In Maine, background checks typically cover the past seven years, following the Fair Credit Reporting Act (FCRA) guidelines. However, certain positions requiring high security on the job, involving salaries over $75,000, or other quantifiers may necessitate a deeper background investigation.

What Shows Up on a Maine Background Check?

The information included in a Maine background check depends on your specific requirements. With PreSearch, you can receive comprehensive reports that encompass criminal history in Maine, other states, and internationally. Our services extend beyond criminal records to include sex offender registry status, driving records, educational backgrounds, and more. This ensures you have a well-rounded understanding of a candidate’s background.

How Much Does a Background Check Cost in Maine?

The cost of a background check in Maine can fluctuate depending on the type and depth of the check required. If you go through Main State Police, a Maine criminal background check report will cost $31 per check. While that might sound reasonable, you’ve got to take into account that you are only getting a fraction of the data on your pre-hire.  Your best value is to partner with PreSearch, where we provide you with every aspect of background detail on your applicants – all while staying compliant with background check laws.  We save you time and money because we do what we know best, allowing you to run your business or volunteer organization without hassle.  For an accurate cost assessment tailored to your needs, it’s best to contact PreSearch directly.