Understanding West Virginia Background Checks (2023)

• September 14, 2023
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West Virginia’s cost of doing business is one of the lowest rates in the country. Couple this with its pro-business stance, and WV, is a premium place to do business or run a volunteer organization. But if you’re lucky enough to live, work, and play in The Mountain State – you probably know that all your hard work is all for naught if you don’t have the right employees or volunteers in your organization. That’s where PreSearch steps in as your reliable partner in helping you find trustworthy workers. When it comes to getting a background check, West Virginia is our territory, allowing us to provide you with the most comprehensive, reliable, fast pre-screening information you need to make smart decisions about your work staff. 

Let’s face it. As a business owner, employer, or volunteer recruiter – you don’t need anything standing in your way to ensure your organization runs smoothly. That boils down to hiring or recruiting the right people.  What better way to do that than having the most accurate information in your hands about an applicant via a background check? With PreSearch, you can have that – plus you’ll have peace of mind knowing all of our checks are compliant with federal and West Virginia background check laws. Read on to learn everything you need to know about obtaining a background check, WV regulations, federal laws, and more in this expert guide.

How PreSearch Can Help With Background Check Services in West Virginia

PreSearch crushes the competition in obtaining comprehensive background check services in West Virginia, 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 West Virginia-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 a must-have for hiring or recruiting. It involves a thorough investigation into an individual’s history, including personal, criminal, financial, and professional aspects. It’s a tool employers use to confirm a candidate’s identity, qualifications, and ensure 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, West Virginia employers shouldn’t think of it as obligatory – it should be considered a necessity. These 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 West Virginia’s Background Check Laws

If you are conducting a background check, West Virginia state requires adherence to both their state and federal regulations. Employers must grasp 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 WV when conducting background checks. Familiarizing oneself with key federal regulations before initiating the background check process is imperative. These federal laws must be followed in conjunction with state guidelines.

Title VII of the Civil Rights Act

Like other states, West Virginia employers must comply with 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 West Virginia 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.

West Virginia State Employment Background Check Laws

Conducting a West Virginia 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: West Virginia 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.

Privacy in the Digital Age: West Virginia’s privacy laws extend to safeguard online privacy. This means that employers and volunteer recruiters have limited access to an applicant’s personal digital domains or request social media credentials as part of the background check process, respecting individuals’ digital privacy rights.

Medical Marijuana User Employment Protections: West Virginia acknowledges the use of medical marijuana, and employers must be aware of the state’s laws regarding the employment of medical marijuana users. While the law does not require the accommodation of marijuana use in the workplace, it is essential for employers to navigate this aspect of background checks with care, ensuring compliance with both state and federal regulations.

Credit Report Restrictions: The state further restricts the usage of credit reports in background checks, permitting their use only in cases directly related to the job at hand. This ensures that credit history is not used as a discriminatory factor in employment decisions.

Data Security and Anti-Discrimination Measures: West Virginia’s Protection of Personal Information Act and West Virginia Equal Opportunity Employment Act bolster data security and anti-discrimination measures. WV employers are obliged to stay in compliance with this and other measures to avoid legal consequences.

Non-compliance with West Virginia’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 West Virginia

Business owners and volunteer coordinators in West Virginia 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 West Virginia 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, West Virginia 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 West Virginia

For background check and screenings for trusted employees, teaming up with PreSearch is your best bet. While you can get state-based criminal checks, PreSearch offers a more comprehensive, more convenient option. Our straightforward process gives employers 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 West Virginia. If you want a broader view that includes info from other states or countries, plus 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 eat up a lot of your HR team’s time and resources. It involves a lot of effort to track down and verify applicant info. So, choosing professional background checks with PreSearch is a more efficient and effective option.

How Long Does a West Virginia Background Check Take?

The time it takes to complete a background check in West Virginia 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 efficient, 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 West Virginia?

In West Virginia, employment background checks 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. West Virginia 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 Mississippi Background Check?

A background check through PreSearch in West Virginia 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.

Sex Offender Registry Listing: If an applicant appears on the sex offender registry, this critical information is included. This is essential for maintaining a safe and secure work environment.

Address History: An applicant’s address history helps employers in verifying their residence and background.

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

Domestic Terrorist Watch List: This will show whether or not an applicant is listed on the Domestic Terrorist Watch List – it is an important measure for workplace safety and security.

By encompassing these details, a West Virginia 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 West Virginia?

PreSearch offers the optimal solution when it comes to conducting background checks in West Virginia. 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 West Virginia 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 West Virginia.