Understanding North Dakota Background Checks

• October 14, 2023
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In North Dakota, where hard work and opportunity go hand in hand, ensuring you have trustworthy employees or volunteers is essential. But navigating background checks can be confusing. How far back can you look into someone’s history? What information is allowed? That’s where PreSearch steps in as your trusted partner in finding reliable employees. We specialize in North Dakota background checks, offering comprehensive, dependable, and speedy pre-screening data that empowers your organization to make highly informed decisions when it comes to your workforce.

Let’s be honest. Whether you’re a business owner, employer, or volunteer recruiter, you want a smooth-running organization without any obstacles. It all comes down to selecting the right people for your team. And what better way to do that than by having accurate applicant information through a background check? With PreSearch, you get precisely that, along with the assurance that all our checks comply with federal and North Dakota background check regulations. Read further to uncover the ins and outs of obtaining a background check, understanding North Dakota’s rules, federal laws, and more in this comprehensive guide.

How PreSearch Can Assist with Background Check Services in North Dakota

When it comes to obtaining comprehensive background check services in North Dakota, PreSearch excels thanks to our advanced technology and experienced professionals. PreSearch Services for background checks empowers employers across various industries, including healthcare, education, and manufacturing, to hire with confidence. While the complex landscape of federal and North Dakota-specific background check laws may seem daunting, we simplify the process. This ensures compliance and allows you to concentrate on your core business operations.

Understanding Background Checks

A background check is a fundamental requirement for the hiring or recruiting process. It involves thoroughly investigating an individual’s history, encompassing personal, criminal, financial, and professional aspects. Employers use background checks to confirm a candidate’s identity, qualifications, and ensure workplace safety. Essentially, background checks help build trust, mitigate risks, and maintain a secure work environment.

Regarding getting a background check, ND employers should know that these pre-screen checks play a critical role in promoting workplace safety and establishing trust. They 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 North Dakota’s Background Check Laws

Conducting North Dakota background checks requires adherence to both state and federal regulations. Employers must comprehend the specific requirements and intricacies associated with each set of laws to avoid potential legal implications.

Federal Laws on Employment Background Checks

Employers must also align with federal laws in North Dakota when conducting background checks. Familiarizing oneself with key federal regulations before initiating the background check process is imperative, as these federal laws must be followed in conjunction with state guidelines.

Title VII of the Civil Rights Act

Like other states, North Dakota employers must adhere to and follow the regulations set forth in Title VII of the Civil Rights Act which was instituted in 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 North Dakota 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.

North Dakota State Employment Background Check Laws

Conducting a North Dakota background check involves navigating a nuanced framework of regulations. Employers can access applicants’ criminal convictions within the past seven years, providing valuable insights for informed hiring decisions.

Ban-the-Box Law: North Dakota upholds the Ban-the-Box law, a significant step in fair recruitment practices. This law delays criminal history inquiries until after a conditional job offer is extended, allowing applicants with prior convictions the opportunity to showcase their qualifications before their criminal history is considered.

North Dakota Sealed Records Law: It allows some people with past convictions to hide their criminal records. If you were convicted of a misdemeanor, you can ask to hide your record after three years, and if it was a felony, you can ask after five years.

However, if you committed new crimes or had serious violent or sex crime convictions, you can’t hide your record.

Once your record is hidden, you can legally say you have no convictions, and nobody can access or talk about your sealed records.

Types of Background Checks in North Dakota

Business owners and volunteer coordinators in North Dakota have a range of options when it comes to background checks. Here are some of the types of background checks permissible in the state:

Criminal Background Checks

A North Dakota criminal background check provides insight into an applicant’s criminal history through the state’s Criminal Identification Division Office. This report encompasses minor infractions and more serious criminal offenses, enabling employers to assess a candidate’s past conduct.

Employment Background Checks

Employment background checks focus on verifying the accuracy of a candidate’s employment history. Employers can ensure that the information provided regarding previous jobs is accurate and truthful. This process facilitates reliable hiring decisions based on verified and credible information.

By employing these diverse background checks, North Dakota employers can conduct thorough evaluations of potential hires while remaining in compliance with state regulations. This approach ensures the maintenance of an efficient and trustworthy hiring process.

How to Get a Background Check in North Dakota

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

Remember, if you rely solely on the state’s Criminal Identification Division Office for criminal checks, you’ll only get information about North Dakota. If you want a broader view that includes information from other states or countries and essential details like work history and education, PreSearch is the way to go.

And here’s a tip: Going the do-it-yourself (DIY) route can consume a significant amount of your HR team’s time and resources. It involves substantial effort to track down and verify applicant info. Opting for professional background checks with PreSearch is a more efficient and effective option.

How Long Does a North Dakota Background Check Take?

The time it takes to complete North Dakota background checks depends on the level of detail required. Doing background checks on your own can be time-consuming because it involves organizing, researching, and verifying crucial information. Alternatively, teaming up with PreSearch ensures quick and fast background checks – usually 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 North Dakota?

When considering a background check, North Dakota employers must adhere to the guidelines set by the FCRA regarding the lookback period. For positions with annual salaries less than $75,000, the FCRA imposes a seven-year limitation. This includes information related to arrests without convictions, civil lawsuits, civil judgments, liens, and bankruptcies. Any data exceeding this seven-year timeframe will not appear in a pre-employment background check. North Dakota state law aligns with this rule, excluding arrests without convictions from the past seven years.

It’s worth noting that expunged convictions will not be reported. However, for positions offering annual salaries of $75,000 or more and for information related to a candidate’s previous employment, qualifications, or education, the FCRA’s restrictions do not apply.

What Shows Up on a North Dakota Background Check?

A background check through PreSearch in North Dakota provides a comprehensive overview tailored to specific needs. This includes:

Misdemeanor and Felony Criminal Convictions: This check shows any past convictions, whether they are minor misdemeanors or more serious felonies. This data offers a valuable outlook into an applicant’s legal history.

Pending Criminal Matters: Ongoing criminal cases or unresolved matters are included in the background check. This helps employers understand if an applicant has any lingering legal issues.

Arrests Leading to Convictions: Arrests that have resulted in criminal convictions are highlighted, giving employers insight into the applicant’s interactions with the legal system.

Pre-Employment Drug Tests: Numerous North Dakota employers require pre-employment drug tests and base their job offers on whether applicants can pass them. These reports reveal if an applicant has tested positive for the specific substances you screened for.

Education History: Assessing and understanding educational background is also part of the background check, ensuring the accuracy of their educational claims.

By encompassing these details, a North Dakota background check equips employers with essential insights into an applicant’s legal history, personal background, and potential risks, enabling prudent and well-informed hiring decisions.

How Much Does a Background Check Cost in North Dakota?

PreSearch offers the optimal solution when it comes to conducting a ND background check. While state and national background checks might appear cost-effective at first glance, they often lack the comprehensive depth needed for thorough assessments. State checks primarily focus on local records, while national checks may still miss critical information, especially if applicants have a multi-state or international history.

PreSearch, on the other hand, combines affordability with unparalleled depth and accuracy. Our wide-ranging database covers not just North Dakota but also other states and international records, providing you with a holistic view of your applicant’s background. With PreSearch, you get efficient results, often within a day or two, ensuring timely and informed hiring decisions. Don’t settle for less; choose PreSearch for the best-in-class background checks in North Dakota.