Understanding Montana Background Check Laws

• October 7, 2023
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Most businesses want to hire the best employees to protect their brands and reputation. Employers in Montana are required to adhere to local, state, and federal laws and regulations that oversee pre-employment background checks. Given the evolving nature of these laws, it is crucial for you to stay vigilant and ensure ongoing compliance with any updates. That’s where PreSearch becomes your reliable partner in finding trustworthy employees or volunteers. When it comes to background checks, Montana is our specialty, providing the most comprehensive, reliable, and fast pre-screening information. 

As a business owner, employer, or volunteer recruiter, you know that nothing should hinder your organization’s smooth operation. It all comes down to hiring the right people. What better way to do that than by having the most accurate information at your fingertips through a background check? With PreSearch, you not only have that but also the peace of mind knowing that our checks comply with federal and Montana background check laws. Keep reading to discover everything you need to know about obtaining a background check, Montana regulations, federal laws, and more in this expert guide.

How PreSearch Simplifies Background Checks in Montana

PreSearch takes the lead in providing comprehensive background check services in Montana, thanks to our advanced technology and experienced professionals. We empower employers in various industries, including healthcare, education, and manufacturing, to hire with confidence. Navigating the complex landscape of federal and Montana-specific background check laws can be challenging, but it doesn’t have to be. With PreSearch Services for background checks, we simplify the process, ensuring compliance and allowing you to focus on your core business operations.

What is a Background Check?

A background check is essential when hiring or recruiting, delving into an individual’s history, and covering personal, criminal, financial, and professional aspects. It’s a tool that employers use to confirm a candidate’s identity and qualifications, ensuring workplace safety. Essentially, a background check helps build trust, reduce risks, and maintain a secure environment within an organization.

When it comes to a background check, Montana employers shouldn’t see them as obligatory – they are actually a necessity. Pre-screen checks play a critical role in promoting workplace safety and establishing trust. These checks offer valuable insights into a candidate’s history, validate their claims, mitigate the risk of fraud or misconduct, and contribute to creating a reliable and credible work environment.

Navigating Montana’s Background Check Laws

Conducting a Montana background check requires adherence to both state and federal regulations. Employers must understand the specific requirements and intricacies associated with each set of laws to avoid potential legal implications.

Federal Laws on Employment Background Checks

Montana employers must also comply with federal laws when conducting background checks. It’s imperative to familiarize oneself with key federal regulations before initiating the background check process.

Title VII of the Civil Rights Act

Montana employers, like those in other states, must abide by Title VII of the Civil Rights Act of 1964. This ensures that candidates are not subjected to discrimination based on attributes such as religion, sexual orientation, color, race, and more.

The Fair Credit Reporting Act (FCRA)

When Montana employers access consumer reports, they are required to secure written consent from the candidate. If adverse action is contemplated due to the contents of the report, employers must adhere to the adverse action process, affording the candidate an opportunity to rectify any inaccuracies.

Montana State Employment Background Check Laws

Conducting a Montana background check involves navigating a nuanced framework of regulations. Here are some of Montana’s state regulations you need to be aware of.

Reporting Limitations in Montana

As a Montana employer, it’s essential to understand the state statutes governing employment background checks. Montana imposes restrictions on the reporting of specific information, as outlined in Mont. Code Ann. § 31-3-112:

• Bankruptcies – Limited to 14 years.
• Civil lawsuits and judgments – Limited to seven years.
• Paid tax liens – Limited to seven years.
• Collection accounts – Limited to seven years.
• Arrests, indictments, or convictions – Limited to seven years.

It’s worth noting that Montana’s restrictions differ from the FCRA’s seven-year rule in several respects. While Montana restricts bankruptcy reporting for cases 14 years or older, the FCRA restricts reporting Chapter 13 bankruptcies older than seven years and Chapter 7 bankruptcies older than 10 years. Given that the FCRA’s rule is more restrictive, it takes precedence.

Additionally, Montana does not have a salary threshold for these limitations, meaning they apply to all jobs regardless of salary.

Prohibited Fees for Background Checks and Medical Exams

Mont. Code Ann. § 39-2-301 prohibits employers from charging applicants or employees fees for conducting background checks or medical exams as a condition of employment.

Social Media Privacy

Employers in Montana are also prohibited from requesting an applicant’s social media account information and passwords under Mont. Code Ann. § 39-2-307.

Non-compliance with Montana’s comprehensive background check laws can potentially manifest in significant fines and legal consequences. Therefore, strict adherence to these laws is not just advisable but crucial for employers in the state.

Types of Background Checks in Montana

Montana business owners and volunteer coordinators have various options for background checks. Here are some types of background checks permitted in the state:

Criminal Background Checks

Montana criminal background checks provide insights into an applicant’s criminal history through the state’s Criminal Identification Division Office. This report covers minor infractions and more serious offenses, aiding employers in assessing a candidate’s past conduct.

Employment Background Checks

Employment background checks focus on verifying the accuracy of a candidate’s employment history. This process ensures the information regarding previous jobs is accurate and reliable, facilitating sound hiring decisions.

By employing these diverse background checks, Montana employers can thoroughly evaluate potential hires while remaining compliant with state regulations. This approach maintains an efficient and trustworthy hiring process.

How to Get a Background Check in Montana

For background checks and screenings for trusted employees, partnering with PreSearch is your best option. While you can obtain state-based criminal checks, PreSearch offers a more comprehensive and convenient solution. Our straightforward process provides employers with the insights needed to make informed hiring decisions. 

It’s important to note that relying solely on the state’s Criminal Identification Division Office for criminal checks provides information only about Montana. If you need a broader view, including data from other states or countries and essential details like work history and education, PreSearch is the preferred choice.

Here’s a tip: Going the DIY route can consume significant time and resources for your HR team. It involves extensive effort to track down and verify applicant information. Opting for professional background checks with PreSearch is a more efficient and effective choice.

How Long Does a Montana Background Check Take?

The time required for a background check in Montana depends on the level of detail needed. Conducting background checks independently can be time-consuming, involving the organization, research, and verification of crucial information. Alternatively, partnering with PreSearch ensures quick and fast background checks – typically delivering results within a day or two. This approach not only saves time but also valuable resources.

How Far Back Do Background Checks Go in Montana?

In Montana, background checks for employment must follow both the FCRA and state law rules. These rules dictate how far back certain negative information can be considered when making hiring decisions.

Under the FCRA, non-conviction info older than seven years can’t be used to disqualify job applicants, but this rule doesn’t apply to salaried employees earning over $75,000. Montana’s state law has no salary cap.

The Montana seven-year limit applies to various background details, including most lawsuits and judgments, paid tax liens, debts in collections or written off, and arrest, indictment, and conviction records. While you might get access to criminal history info older than seven years, it’s not advisable to base hiring decisions on it.

Working with a reputable Montana pre-employment background check provider like PreSearch helps you avoid using prohibited information in the hiring process.

However, these time limits don’t restrict you from considering an applicant’s education or employment history, regardless of how many years have passed.

What Shows Up on a Montana Background Check?

A background check through PreSearch in Montana provides a comprehensive overview tailored to specific needs, including:

Criminal History: This section reveals any prior criminal activities. It includes details like charges, case numbers, disposition dates, and sometimes sentencing information. Expunged records won’t appear.

Employment Verification: This confirms an applicant’s work history, ensuring their reported experience is accurate. It includes employment dates and job positions. This is crucial for avoiding negligent hiring issues.

Education and Credentials: Your Montana background check can also cover an applicant’s educational background and any professional certifications they hold. This helps verify their qualifications for the job. It’s a way to ensure you’re hiring individuals with the right skills and knowledge.

How Much Does a Background Check Cost in Montana?

PreSearch provides the optimal solution for conducting background checks in Montana. While state and national background checks may seem cost-effective initially, they often lack the comprehensive depth required for thorough assessments. State checks primarily focus on local records, while national checks may miss critical information, especially for applicants with multi-state or international histories.

PreSearch combines affordability with unparalleled depth and accuracy. Our extensive database covers not only Montana but also other states and international records, offering a holistic view of your applicant’s background. With PreSearch, you receive efficient results, often within a day or two, ensuring timely and informed hiring decisions. Don’t settle for less; choose PreSearch for best-in-class background checks in Montana.