South Dakota Background Checks: Complete Guide (2023)

• November 22, 2023
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With low crime rates, inexpensive energy costs, and no tax on corporate income, capital gains, or personal income – South Dakota is a sensational state to live, work, and play.  As an employer or volunteer administrator, you probably already know the many advantages of doing business in Mount Rushmore State.  But do you know how paramount pre-screenings are to keep your business safeguarded and running smoothly?  When it comes to getting a background check, South Dakota employers and recruiters cannot afford to proceed lightly.

Having trustworthy personnel is critical, but background checks can sometimes get complicated and time-consuming.  Questions like how deep you can delve into someone’s past and what information you can use are common. Introducing PreSearch, your go-to for dependable South Dakota background checks. We provide thorough, fast, and reliable pre-screening data, crucial for informed workforce decisions.

How PreSearch Can Assist with Background Check Services in South Dakota

PreSearch stands out in South Dakota with our cutting-edge technology and seasoned experts. PreSearch services for background checks support various sectors, including healthcare and education, in making confident hiring decisions – and we do all this while staying compliant with state and federal laws.  With PreSearch as your partner, you have the time and freedom to do what you do best – grow your business with qualified, trustworthy employees. 

Understanding Background Checks

Background checks are essential in the hiring and recruitment process. They involve an in-depth examination of an individual’s history, including personal, criminal, financial, and professional aspects. These checks are crucial for employers to verify a candidate’s identity and qualifications and to ensure workplace safety. They play a key role in developing trust, mitigating risks, and creating a secure environment. 

When conducting a background check, South Dakota employers can get critical insights into a candidate’s history, verify their claims, reduce the risk of fraud or misconduct, and contribute significantly to establishing a trustworthy and credible work environment.

Navigating South Dakota’s Background Check Laws

To conduct background checks in South Dakota, knowing both state and federal laws is key to avoiding legal pitfalls. Here are federal and state laws you need to know.

Federal Laws on Employment Background Checks

A South Dakota criminal background check must comply with both federal and state laws. Understanding these federal regulations is crucial.

Title VII of the Civil Rights Act

This federal law requires SD employers to avoid discrimination in hiring processes based on race, color, religion, sex, or national origin. Adherence to Title VII is essential to ensure fair and equal treatment of all candidates.

The Fair Credit Reporting Act (FCRA)

Under the FCRA, employers need to obtain written consent from candidates before accessing their consumer reports. If the report influences a decision not to hire, the employer must follow the FCRA’s adverse action process, which includes giving the candidate a chance to correct any inaccuracies in the report.

South Dakota State Employment Background Check Laws

Conducting a South Dakota criminal record 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. South Dakota’s specific regulations include:

Automatic Removal of Certain Convictions: Class 2 misdemeanor and petty offense convictions are automatically removed (expunged) from public records five years after sentence completion, provided no new offenses are committed​​.

Expungement of Certain Records: Individuals in diversion programs can have their records expunged upon completing the diversionary sentences and remaining offense-free for a specified period​​.

Licensure by Endorsement: South Dakota has a law facilitating licensure by endorsement for professionals with licenses in good standing in other states, impacting how employers conduct professional license verifications​​.

Types of Background Checks in South Dakota

SD business owners and volunteer coordinators can utilize various types of background checks to assess potential employees or volunteers effectively. These checks include:

Criminal Background Checks

A criminal background check in South Dakota delves into an applicant’s criminal history through South Dakota’s Criminal Identification Division Office. They cover everything from minor infractions to major criminal offenses, helping employers understand a candidate’s past behavior.

Employment and Education Background Checks

These checks focus on verifying the accuracy of a candidate’s employment and education history. They confirm details such as previous training, certifications, degrees, job positions, and employment durations, ensuring the information provided by the candidate is truthful and reliable.

How to Get a Background Check in South Dakota

When you need background checks and screenings for trusted employees, consider teaming up with PreSearch. Sure, you could stick to the state’s basic criminal checks, but we offer so much more. With PreSearch, you get a full-spectrum view of your applicant, including insights from various states and countries, plus detailed checks on work history and education. This way, you’re not just confined to South Dakota’s records.

And here’s some friendly advice: tackling background checks on your own can drain your team’s time and resources. It’s a lot of legwork to gather and verify all that information. Why not let PreSearch handle it? We’re here to make your hiring process smoother and more efficient.

How Long Does a South Dakota Background Check Take?

The duration for completing South Dakota background checks can vary, especially if you’re handling them in-house. It’s a detailed process involving organization, deep research, and verification, which can take up a lot of time. However, if you choose to work with PreSearch, the timeline gets a whole lot shorter. We specialize in delivering quick and fast background checks, often wrapping up in just a day or two. This speeds up your hiring process and conserves your team’s time and resources, making it a smart choice for your organization.

How Far Back Do Background Checks Go in South Dakota?

When employers conduct background checks, they need to abide by the rules set by the FCRA (Fair Credit Reporting Act) about how far back they can look into someone’s history.  For jobs paying less than $75,000 a year, there’s a seven-year limit on reporting certain information like arrests without convictions, civil lawsuits, judgments, liens, and bankruptcies. 

Anything older than seven years won’t appear in a pre-employment check, which is consistent with South Dakota state law. Also, expunged convictions won’t be reported. But for higher-paying jobs (over $75,000) or when verifying a candidate’s past employment, qualifications, or education, these FCRA time limits do not apply.

What Information Shows Up on a South Dakota Background Check?

When conducting a background check, South Dakota employers might want different things. On the whole, the basic information most hiring managers expect to see include:

Criminal History: Details like offense date, type, severity, case disposition, disposition date, and sentence. Expunged records or completed diversions won’t appear.

Education History: Information on institutions attended, attendance dates, and any degrees or certifications obtained.

Employment History: Data on past employers, employment dates, and job titles held.

Additional Checks: This may include driving records (for roles involving driving), listings on sex offender registries, address history, and the Domestic Terrorist Watch List. Pre-employment drug tests are also common.

How Much Does a Background Check Cost in South Dakota?

If you go through the South Dakota Division of Investigation, this state-only criminal check costs $26.75 at the time of this writing.  That might sound cheap, but please remember -you’re only getting criminal activity (if any) in SD for an applicant. At PreSearch, our extensive database includes records from South Dakota, other states, and international sources, ensuring a comprehensive view of an applicant’s background. We deliver efficient, often rapid results within a day or two, aiding in timely and informed hiring decisions. Additionally, PreSearch offers a blend of affordability, depth, and accuracy. For thorough and reliable background checks in South Dakota, PreSearch is the go-to solution.