When searching for the perfect job candidate, background checks are an important part of the process. Background checks are useful for confirming a jobseeker’s skill set, educational background, employment history, and more. Background checks are a difficult enough process to conduct regarding a candidate living on your home turf, but it can become even more challenging if your company or organization operates across multiple states. Here are several best practices when conducting multi-state background checks to help you streamline the process and ensure compliance.
Standardize Your Process
Creating a standardized background check process is the best first step to maintaining consistency and fairness in your hiring practices. Develop a checklist outlining each step of the process, from obtaining consent to reviewing the results. Ensure all HR team members are trained in this process and understand the nuances of conducting checks across different states while maintaining a fair and equitable system.
Understand State Regulations
Read up on background check rules and regulations across the country, or at least in the states where you operate. Every state has different laws governing background checks. For example, some states have “ban the box” laws that prohibit employers from asking about criminal history on job applications. Some states may restrict asking about other types of information. Familiarize yourself with the laws in each state where you operate or where you intend to search for employees. Sit down with a lawyer or compliance expert to ensure you always remain on the right side of the law. Otherwise, it could lead to legal issues, fines, and the like.
Obtain Proper Consent
One consistent requirement of any background check is to always ask permission. Before conducting one, obtain written consent from the candidate. This consent must be clear, conspicuous, and separate from other application materials. Federal law, as well as many state laws, requires this to protect candidates’ privacy rights. Always use a disclosure form that complies with the Fair Credit Reporting Act (FCRA) and relevant state laws. Again, consult with your legal counsel to ensure you’re following the rules.
Use a Reputable Screening Service
Partnering with a reputable background screening service can save time and reduce the risk of errors or noncompliance. Look for a provider experienced in multi-state checks who can provide comprehensive reports that include criminal records, employment verification, and education verification. Ensure they stay up to date with changing laws and use secure methods to handle sensitive information.
Keep Records
Proper documentation is crucial for maintaining transparency and demonstrating compliance. Keep detailed records of all steps taken during the background check process with every candidate, including the disclosure and consent forms, the results, and any actions taken based on the latter. This documentation is invaluable in the event of an audit or legal challenge.
Those are just a few best practices when conducting multi-state background checks. Conducting multi-state background checks may seem challenging, but following these steps ensures a smooth and compliant process. Want to learn more? Contact us for a consultation! We’re experts at leveraging professional background check services and stay abreast on the complexities of multi-state regulations.