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Arizona Background Check

Arizona companies work hard to create teams of employees that will aid in protecting their brands while also accelerating their business growth. However, finding the best candidates may be a daunting task because some applicants falsely claim to be on their resumes and applications.

 

 

Arizona Background Check

 

Doing an Arizona background check will help you ensure that the applicants you choose to hire are suitable for the position and are trustworthy. But, it would be best if you employed an experienced and reliable before hiring a background check provider to ensure that your background check process is compliant with Arizona and the federal background check laws to avoid possible problems.

When you hire the best employees, they will help your company expand and grow. In addition, the proper employee selection can aid in making your workplace more secure.

The process of checking references for your prospective applicants or looking up their names on the internet isn't enough to shield your company from the risk of liability.

At The Koleman Group LLC, we perform hundreds of background checks before employment for Arizona employers throughout the state, including Maricopa and Pima Counties and in major cities such as Phoenix, Tucson, and Scottsdale. We have the expertise to complete thorough background checks before employment that fully comply with applicable laws.

To assist you in understanding the background checks required before employment for Arizona, along with the regulations that govern Arizona, take a look at this article.

Arizona Criminal Background Laws A Comprehensive Review

Before you conduct the background check, you'll want to be aware of the rules and laws that govern the rights of candidates and employers. 

It is crucial to be familiar with the particulars of the Fair Credit Reporting Act (FCRA) and, specifically, the Gilberg V. Cal. Check Cashing Stores ruling, as well as the Arizona Civil Rights Act.

Federal Laws

FCRA

The Fair Credit Reporting Act is a federal law with specific guidelines for employment background screening in Arizona. As per the FCRA, the employers who decide to conduct an employee background check on a potential employee must inform the applicant before the interview in writing that they will run their background check.

Suppose an employer has a partnership with an external third-party background check company like The Koleman Group LLC to assist in a background check process. In that case, the employer is also required to give the applicant background check company's information.

If an employer chooses to take negative action and uses the information gathered from the background check as grounds to not employ someone for the job, there are three steps to be followed to remain in compliance.

  1. The applicant must be provided with a pre-adverse-action letter, informing them you won't accept them for the job due to the information that is in their background check report.
  2. It would be best if you waited at least a reasonable time, with an estimate of 5 working days, before sending your official adverse-action notice. This allows the applicant to contest or amend any mistakes on the background check.
  3. If the candidate sends an answer to the letter of pre-adverse action and then takes the necessary steps to update their background report, you need to send a formal adverse action notice if you decide not to employ them.

 

In all of these steps, the consent and authorization of each step are crucial, along with precise language and proper timing.

Title VII

The year 1964 was the first time Congress approved Title VII of the Civil Rights Act, which is a law that prohibits discrimination in the workplace due to protected particulars of employees and applicants such as race, national origin, gender or gender, pregnancy status, color, disabilities, religion and many more. The Equal Employment Opportunity Commission (EEOC) is the federal government agency responsible for the enforcement of this law and the creation of rules under it.

Regarding background screening, Title VII covers situations where criminal history information is revealed on background checks. By the guidance given by the EEOC on how employers must deal with arrest and conviction data, Arizona employers should consider this type of information as an individual matter regarding the job for which the applicant applied.

Employers must take this evaluation before deciding on hiring the applicant based on criminal history information contained in an investigation report.

State Laws

Gilberg v. Cal. Check Cashing Stores

The Gilberg The Gilberg. Cal. Check Cashing Stores ruling applies to all states that are part of the ninth circuit, including Arizona. The court's decision, in this case, stipulated that employers in California, as well as other states of the ninth circuit, including Arizona--have to give applicants two separate forms before conducting pre-employment background checks.

The first one must contain all the details required by the Fair Credit Reporting Act as described above. The second form is consent and disclosure under specific state laws within the ninth circuit.

The two forms have to be written in clear and simple language that anybody who goes through the background check process can easily comprehend.

Arizona Civil Rights Act

Arizona is home to Arizona's Arizona Civil Rights Act, which focuses on protection from discrimination and discrimination against applicants. The main purpose of the law is to stop discrimination in hiring. In particular, employers cannot make a discriminatory decision against an applicant due to race, color, religious belief, gender or disabilities, age, medical examinations, inquiries, or nationality.

But, as per the Arizona Civil Rights Act, employers may ask about a person's previous conviction(s), the place and when the incident was committed, and the outcome on the issue. However, this cannot be a part of the initial application—more about this in the next few minutes.

Suppose an employer decides to speak about an applicant's criminal history. In that case, they must explicitly state that the details provided by the applicant about the conviction won't be used in isolation to decide whether to offer the job. These guidelines are put to allow people with criminal records to be considered for work.

2020 Senate Bill 1504

Arizona SB 1504 was signed into law in August. 25 in 2020. The law created more stringent standards for background checks in the state.

All required background checks must be conducted before the date of employment and then every five years following. Employers who are covered include:

  • Childcare agency referral and resource agencies
  • DES certified home childcare providers
  • DHS certified group homes
  • DHS certified childcare facilities

 

Under the law, owners, operators and applicants, volunteers, and family members of childcare centers located in homes must submit fingerprints. The fingerprints are submitted to a national FBI fingerprint test and a search through the Department of Public Safety for the state's criminal records, NCIC national search for sex offenders' registry, as well as an Arizona search of the registry of the sex offender.

Also, searches can be done by the registry for children and abuse in Arizona criminal history databases for all states where the person lived previously and sex offender registry searches from the states of residence before the search as well as the child neglect and abuse registry databases from states where the person had a prior residence.

Disqualifying crimes include those which are mentioned in the ARS SS 41-7158.07 that includes convictions and in the process of being charged for attempted offenses or solicitation, conspiration, or aiding in the commission of any of these offenses.

Is Arizona a Felony Friendly State?

The decision not to ask about criminal background when applying for jobs in Arizona has made them one of the states that "Ban the Box."

It means Arizona employers can no longer request information about applicants' criminal backgrounds on a job application. Although this is only applicable to the public sector and does not restrict private businesses as well, this "Ban The Box" policy will make Arizona more friendly to felony convictions. State.

It gives a fair chance for applicants to show the ability to carry out work without having knowledge of their criminal record, which reduces their chances of being hired for the position. "Ban in the Box" offers protection to those who have criminal histories, which allows them to prove the person they are today before an employer investigates their previous criminal history.

But, it doesn't mean that the information won't be available to the employer. Employers have the obligation and right to conduct a background check on employees—a background checks in Arizona.

Although they'll need to comply with the guidelines for reporting established by the FCRA, which was mentioned earlier, Criminal background checks are permissible.

How to run an Employment Background Check in Arizona

Arizona In Arizona, the Arizona Department of Public Safety keeps a central repository of statewide criminal records. However, the state will only release criminal history data to those agencies that have been granted permission by law to accept these records. In addition, the state does not supply criminal records to private employers other than non-profit organizations.

If you're an authorized organization or non-profit organization, you may send an inquiry based on fingerprints to obtain an applicant's criminal history. However, if you're an individual company and not a non-profit organization, it is not possible to obtain criminal history data this way.

Even if you're a non-profit organization, the data you get from the Arizona Department of Public Safety won't include information about the applicants' work histories or education levels, as well as other information that you may require.

Most employers don't comply with the state's requirements to request background checks through the Central Repository. Some attempt to conduct personal background checks by searching through the court records of every area where the applicant has lived, searching the internet to find their name, using social media, or contacting former employers and references for details.

But, these strategies can be challenging. There is a chance that you will receive incorrect or incorrect information. In addition, you could be provided with information that may violate the law when you use it to make unfavorable hiring decisions.

The most efficient method to conduct Arizona background checks before employment is to outsource those background checks to a reliable conforming to the FCRA background check provider like The Koleman Group LLC.

When you partner with us, you will quickly receive all the information you require. You can also be confident that all the data we give you adheres to all applicable laws to protect you from possible liabilities.

What's on a background check within Arizona?

Arizona businesses can request various information regarding background checks for pre-employment by The Koleman Group LLC. The information you find depends on the details you want to obtain.

But, the majority of employers in Arizona require criminal records or employment history and education information in background checks before employment. In addition, based on the type of job opening, different types of background checks are also available.

Criminal background information

If a candidate has any criminal convictions on his criminal record, The background report will contain the following kinds of information on the offense:

  • A type of offense
  • Date of the offense
  • File date
  • Offense level: either a felony or misdemeanor
  • The disposition of the offense
  • Disposition date
  • Information about sentences

 

Employer verification

Employer verifications can help you determine if your applicants were honest when submitting their applications. For example, you'll be able to find all the applicants' previous employers, the dates they worked at each firm, and the jobs they were employed in.

The verification of your applicant's employment history helps make sure you hire honest workers who have the proper background for the positions they will be in.

Verification of education

A lot of positions require that applicants possess certain degrees or certificates. Suppose you check your applicants' education records. In that case, the reports will contain the names of all the institutions they attended, as well as their dates of attendance and any certificates or degrees they've earned.

How far back does a Background Check Take You to Arizona?

Each state must comply with the guidelines laid out within the Fair Credit Reporting Act regarding how long back before employment background check reports go. Its number of magic is 7. As per the Fair Credit Reporting Act (FCRA), reports cannot include the details of an arrest for any crime that doesn't result in a sentence that is longer than seven years old.

But this isn't any.

The seven-year rule doesn't apply to those whose annual earnings are greater than $75,000 and individuals employed as federal contractors or for executive or management posts. There are, however, specific circumstances where the FCRA permits states to expand the guidelines for seven years, especially when it comes to hiring employees for positions in medical or educational areas; Arizona abides by the seven-year rule.

Although Arizona background checks are dated back seven years back, it is possible to do so in certain instances. People who have a criminal history can appeal to a judge to be able to have their conviction overturned. Although this doesn't completely erase a misdemeanor or felony from the background check report, it will indicate in reports that the judge removed the decision. In addition, this notice will inform employers of the fact that the applicant has completed the steps required for their probation or sentence.

What is the cost of an Arizona Background check?

Suppose you're looking to run background checks for pre-employment for background checks in Arizona for your company. In that case, however, you'll probably not be able to obtain information on criminal history from the state, as mentioned.

A quick search online can reveal several companies that claim to offer free background checkups. However, you must be wary of these companies. The majority of them will not give accurate or accurate information, and the reports you get could contain errors and do not comply with the FCRA and other laws.

If you choose to work in conjunction with The Koleman Group LLC, we provide a variety of packages along with some customized additions. For example, if you plan to order between 25-50 background checks per year, the price for a standard initial background check is $19.95. The background check includes the following details:

  • Identification verification
  • National Criminal History search
  • Sex offenders search
  • The basic background check costs $39.95 each and contains the following information:
  • Identification verification
  • National Criminal History Search
  • Sex offenders search
  • Global terrorist hunt
  • Seven-year search for criminal records in the county of the seven years.
  • Then, our premium background checks for pre-employment are priced at $69.95 per check. They include everything included in the standard background check package as well as these additional kinds of information:
  • Verification of education
  • Employment verification

We also offer a variety of additional checks to satisfy your requirements. For example, if you plan to order more than 50 background checks per year, please contact us for a customized quote.

What's the Time Frame for Background Checks Last within Arizona?

The time it takes to complete a background check will depend on how you conduct the check. For example, if you're authorized under the law in the state to get criminal records from the state, this may take several weeks. But, the information you obtain will not include any information regarding your applicants' work or educational history.

If you attempt to search online or through court records, it can be time-consuming and consume your time. You should expect that this search method will take several weeks for weeks and provide incomplete and possibly inaccurate information.

If you choose to work with a company such as The Koleman Group LLC, you will get the results quickly generally. We provide background check reports that can come to you between one and two days, depending on the requirements.

But, COVID-19 has forced courts to shut down and created other delays. If we experience an unavoidable delay, we'll immediately inform you and keep you up-to-date on the progress.

The Koleman Group LLC Arizona background check Partner Of Choice

Background checks are an essential element in the hiring process. The Koleman Group LLC is there to help you stay legally compliant while gathering all the necessary information to hire the right person every time.

Are you eager to receive the most complete and accurate information about your candidate's background? There are many different Arizona background checkers that are to be the same, and you should have the best possible experience for both your company and your candidate. At The Koleman Group LLC, we're committed to ensuring that you and any prospective employees get top-quality customer support throughout the background check process.

Contact us now to arrange an appointment with us for a free consultation.

Disclaimer: The materials provided on this site are intended for educational use only and do not provide legal advice. Contact your attorney for legal concerns regarding your particular practices and compliance with applicable laws.


Updated on 2022-06-07 21:33:49 by larry coleman

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