State requirements for background checks

State Laws and Background Checks: What You Need to Know

Under the FCRA , convictions can appear on a background report regardless of when they occurred.

What does a basic background check include?

5 days ago This article will help you: Familiarize yourself with various state-by-state reporting requirements that affect background checks. Browse laws, rules, & regulations for background checks by US state. Information includes FCRA and Ban the Box laws for all 50 US states including.

However, some states entirely prevent non-convictions from being reported. While the states listed above don't allow dismissed records to be reported, Checkr will report dismissed records in the states that permit it. You may notice that not all criminal records are reportable on a background check, which might lead you to question whether the report is accurate.

In fact, a record may not be reportable due to state laws. Some states limit the scope of reporting criminal conviction records to the last 7 years. That said, how the scope is defined can vary, depending on the availability of data. For example, the 7 years can start from:.

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For more information on the scope of a check, see our article on lookback periods. Below is a non-exhaustive list of other state-specific and industry-specific considerations to be aware of.

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This article deals with common state-based reporting requirements for CRAs like Checkr, which helps explain why certain records may not appear on the background check report. Several states have legislated restrictions for how long in the past Background Check information can be referenced and recorded into Background Check final reports. In addition, some States have additionally outlined Salary Cap conditions upon which Background Checks are exempted from time limits and can therefore be provide regardless of stated time limits.

Below is a listing of States with time limits and their corresponding salary caps:.

Background Checks: What you need to know

Beyond State laws referenced above that specify the time and salary cap limits regulating how far back background check Information can be reported, many if not most States have additional laws that require background check compliance. These range from laws and rules prohibiting the type of information an employer is permitted to request from the applicant, to those that restrict the use of conviction data when making an employment decision.

Online information: Legal

Critical information will often come up in the most mundane steps of the background check. This list is not intended to be all-encompassing, there may be additional laws not included in this list. After 90 days, the FBI deletes the fingerprint background check transactions and considers the FBI background check request complete. If you need this sort of information, it's best to get legal advice first. Background checks can unearth sensitive information and, in some states, you are not able to gather certain information as part of a background check.

Several state laws mandate fingerprint identification. For a current list of laws and restrictions by State, please contact your RiskAware Operations Specialist. Here is a list of more commonly found State Laws that may apply when performing Background Checks:.

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In those States that impose higher legal standards beyond those prescribed by FCRA or EEOC guidance, many as well afford exceptions allowing the inquiry and use of criminal arrest and conviction records and in particular when employers are hiring for the following types of jobs:.

In these cases many States laws generalize that it is not employment discrimination to refuse to hire an individual based upon on a learned applicant arrest or conviction record since the circumstances of the charge may substantially relate to requirements of the position and to public safety.

How to Do Employee Background Checks

Which State Law Applies? Some States restrict the use of arrest records when a pretrial diversion program has been successfully completed. Some States grant exception if the record bears material relationship to the position.