Arkansas Background Check
Many Arkansas employers recognize the importance of conducting background checks prior to hiring on potential employees, but may not be aware of how to conduct efficient and thorough background checks which are in full compliance with all applicable laws.
The Arkansas background check could help employers screen applicants who aren't qualified or untrustworthy, helping to ensure the safety of their employees and reduce the risk of liability.
Did you know that 75 percent of human resource managers have reported that they have found applicants who lie on their resumes or application forms?
Beyond confirming the claims that candidates have made in their CVs an extensive background check on employment background check in Arkansas can provide a more clear image of an applicant, to hire with more certainty.
We are The Koleman Group LLC, we've performed Background checks on employers from Fayetteville, Little Rock, Bentonville, Fort Smith, and more.
Based on our experience in conducting Arkansas background checks for employment Based on our experience conducting background checks for Arkansas employers, we've written this guide as a source for employers about the background checks for employment background check process and the laws that govern it.
Let's get started now.
Why do Arkansas employers conduct background checks?
Employers decide to conduct Background checks Arkansas due to a variety of reasons. The most frequent reasons are listed below.
1. A general background check for entry-level positions
Many Arkansas employers regularly interview applicants at the entry level as part of their hiring procedures. Background checks on all employees in Arkansas enable employers to verify the statements made by applicants on their application and eliminate those who are not honest or have criminal convictions that disqualify them from employment.
2. Comprehensive Background Checks for Supervisory Posts
The people who are executives or managers have access to the intellectual property of their employers and accounts, while also taking the responsibility of others.
Due to this, the background checks for those who apply to these jobs are typically more thorough than the typical background checks that companies may conduct on applicants for entry-level positions.
3. Background checks for ongoing or continuous employment. Checks
The security requirements for certain jobs make it necessary for employers within their respective industries to conduct ongoing or ongoing background checks for employees after hiring employees.
For instance companies in the field of trucking are required under Federal Motor Carrier Safety Administration rules to examine the background of drivers every year, or in the event of an incident where a driver is involved. Different types of employers require their employees to undergo background screening in Arkansas regularly.
4. In-Depth Screenings for positions working with vulnerable individuals
Candidates who are seeking jobs in the field of care must undergo rigorous background checks prior to employment. These jobs require dealing with disabled people and children, as well as the elderly, people suffering from mental illness and many others.
To safeguard vulnerable clients, care providers are required to conduct thorough background checks prior to hiring potential applicants for positions as well as volunteers.
Arkansas Background Check Laws 2021
If Arkansas employers opt to conduct background checks prior to hiring employers must adhere to the federal and state laws that govern the procedure. If you fail to comply with the lawful standards, you could face penalties, fines, and even lawsuits.
Below is a short outline of the most important laws that regulate Background checks within Arkansas.
Federal Laws on Employment Background Checks
The Fair Credit Reporting Act (FCRA) safeguards the confidentiality and accuracy of the consumer data collected, stored and reported by the Consumer Reporting Agencies (CRAs) which include businesses that offer job background check reports to employers in Arkansas.
Employers are also restricted under the FCRA regarding how they may make use of the information on background checks for pre-employment.
You must inform prospective applicants that you plan to conduct background checks before hiring in writing. Before you conduct a background check you must have an authorization from the applicant that is signed.
If you conduct a background check reveals disqualifying information it is necessary to undergo the process of adverse action pursuant to the FCRA before you make the final decision to not employ the person.
The U.S. Equal Employment Opportunity Commission (EEOC) is the body that enforces Title VII of the Civil Rights Act of 1964. The law prohibits discrimination in the workplace against employees and applicants due to their protected status. It also applies to background checks before employment which provide information about a candidate's criminal history.
As per the EEOC the employers are required to individually examine a criminal conviction in the pre-employment background check report as it directly affects the job.
Arkansas State Laws on Employment Background Checks
Arkansas employers should also know about the laws in the state in conducting background check of applicants or employees.
Social Media Law
Under Ark. Code Ann. 11.2-124. Employers are not able to from requiring employees or applicants to provide them with their passwords for social media or account details. Employers are also not permitted to deny or stop hiring applicants from asserting their rights in accordance with the law of the state's social media laws.
sealing of Certain Criminal Records
Under Ark. Code Ann. SS 16-90-1417, those who successfully petitioned the judge to have their record sealed are permitted to claim that they have not been in jail or were convicted of the sealed crime. Records custodians who have sealed records are able to not divulge the sealed records under Ark. Code Ann. SS 16-90-1416.
What's on a background check for Arkansas?
Because Arkansas employers may request various jobs background check reports, what will show up on an Arkansas background check? An Arkansas employment background check will depend on the details required. The majority of employers require Arkansas criminal records, education verifications or employment verification, as well as examinations of professional credentials or licenses.
Candidates who apply for jobs which require driving are also likely to undergo a check of their driving records and some employers will also require for pre-employment tests to test their drug levels.
An Arkansas background check for employment is likely to include the following details:
- Criminal or misdemeanor convictions that are not sealed
- Open criminal cases
- Arrests that result in convictions
- Appearance on the registry of sex offenders
- History of education
- History of address
- Employment background
- Affiliation on the Domestic Terrorist Watch List
Let's look at what you could find on some report.
Criminal Background Record
Criminal records of applicants that are not sealed will be able to access criminal history reports with the following information regarding each conviction:
- Offense date
- Offense Type
- Infraction degree (misdemeanor or felonious)
- Disposition date
A sealed conviction cannot be not reported.
Employment verification reports enable employers to verify the assertions that applicants have made regarding their previous jobs. On an employment verification form the following information will be displayed for each previous employment the applicant has had:
- Name of each former employer
- Dates of employment
- Job titles and titles held by each firm
The report allows employers to verify the claims that applicants make about their educational qualifications and the schools they which they have attended. This kind of report can provide the following details:
- Every school that is attended
- Dates of attendance
- Degrees, diplomas, or certificates that you earn
How Long Back How Far Back Arkansas Background Checks go?
The FCRA provides a seven-year lookback period that limits the length of time the results of an Arkansas job background check can go. If the jobs for which you recruit cost less than $75,000.00 annually The time limit is applicable.
The following kinds of data will not be recorded until they reach seven or older:
- Arrests without resulting in convictions
- Civil lawsuits
- Civil judgments
The FCRA's lookback time period does not apply to employment with a salary of $75,000 or more and convictions which have not been sealed may be disclosed regardless of age , or salaries.
Other kinds of information on the person's previous employment qualifications, education, or credentials are not governed by the FCRA and are able to be reported regardless of the age of the person.
What is the best way to get an background check in Arkansas?
Employers are able to request Arkansas criminal information through the Arkansas Department of Public Safety via its online Criminal Background Check System. Individuals may also request information on their criminal history via the Arkansas State Police. State agencies who hire applicants for financial positions are required to conduct stricter background checks of their candidates.
When you perform name-based background checks with the state agencies, you'll only get criminal history information specific to Arkansas and not get details about convictions from other states. Criminal background checks for state-issued criminal records do not give you other vital background information on an applicant's education and the history of employment.
It's better to collaborate with a reputable 3rd-party background check company like The Koleman Group LLC. Our reports are FCRA compliant and are thorough, accurate and current.
As An Arkansas Employer, What Do I Ensure Compliance?
Compliance with the law for conducting background checks before hiring is crucial. If you fail to adhere to the law you could face fines or penalized and even accused of a crime.
If you carry out background check, you have to request that all applicants undergo the same screening process without regard to protected characteristics as defined by the rules of the EEOC.
The FCRA obliges employers to perform various things when they plan to conduct background checks.
1. Inform applicants of the plan of conducting background check.
Employers must notify applicants and employees of their plans conducting background screenings in writing. The notice should be provided in a separate document.
2. Inform applicants of their rights under investigations.
If you plan to ask for an investigative report regarding your general perception, character and habits of the applicants, you must to inform the applicant or employee that he/she is entitled to obtain information regarding the nature and scope of the investigation.
3. Request written authorization from employees or applicants.
Prior to conducting any background check for employment background check, you must have an applicant's written consent. If you plan to conduct continuous background checks, then you must notify your employees in a clear and visible manner.
4. Verify that you are in compliance with the CRA.
Employers have to verify that they've complied with the regulations of the CRA which conducts the background check.
This certification must include these attestations
- The notice of intent of conducting checks on background was given
- Applicant has signed the authorization
- Employer is not in violation of federal or state laws on equal opportunity to work with the data provided.
5. Send a pre-adverse notice of action.
If you choose not to employ an applicant based on information about their criminal history that is included within an employee background check report, you must provide a pre-adverse notice to the applicant which includes the specific conviction, the copy of the background check report and an date that the candidate has to contest or clarify the report's information.
6. Send an official notice of adverse action.
If you decide to continue hiring an applicant based upon criminal history data from the background check, you must send an adverse action final notice. This notice should contain details of who and where the CRA and also inform applicants that CRA was not the one to make decisions regarding hiring. The notice should also contain details about the rights of the applicant within the FCRA.
What causes you to Pass a Background Check for Arkansas?
People are rejected for Arkansas background checks for employment due to various reasons, including criminal record or employment history embellishments or false information about education, documents regarding driving, and failing background drug screenings prior to employment.
These reasons are explained below.
A criminal conviction does not automatically render an applicant ineligible for work. The likelihood that an applicant with a criminal conviction could be disqualified from an employment opportunity will be determined by the connection to the conviction as well as the particular position and regulations applicable to particular sectors.
Embellished Employment History
Some people make up their employment history on their resumes, believing that it will help them get a job. However, employers who request verification of employment are quick to verify whether an applicant has been lying about their employment history and may deny work to those who have falsified the employment records of their previous employers.
False Information about Education qualifications
Another area in which people cover up their education qualifications. They may lie about being a student at top institutions, or holding certificates or degrees that they do not possess.
Education verification allows employers to identify the aforementioned inconsistencies. Falsely claiming that you have a college degree could cause a swift denial.
Probable Driving Record
Employers who require employees to drive to work for their work will deny applicants who have too many traffic violations on their driving record. This is because applicants might not be insured and may expose employers to legal liability for negligent hiring lawsuits.
failed drug screen
A lot of employers run pre-employment drug screenings to ensure a safe work environment. Candidates who fail the pre-employment drug tests as a requirement to be employed will not be considered for employment.
What is the cost of an background check cost in Arkansas?
An identity-based background check from the Arkansas State Police will cost $22 for each report. It will however not contain any other background information that you may require.
There are some companies on the web that promises to run an absolutely no-cost background check in Arkansas. Beware of such vendors since they typically are not in compliance to the FCRA and typically provide inaccurate information, inaccurate, or unreliable data.
The best solution is to choose an experienced and reliable company such as The Koleman Group LLC. We have accessibility to trustworthy databases, and utilize our knowledge and research tools to swiftly provide complete background check reports.
Employers who intend to order fifty or more documents each year can benefit from our bulk discounts. Contact us now for a no-cost, free estimate: 618-398-3900
What is the length of time an Background Check take for background checks in Arkansas?
The method you use to conduct the background check will determine how time it will take to be returned. Conducting an online background check through the state won't take long at all, but it won't provide all the information you require.
If you decide to do a DIY job background check, gathering all of the required information from the state agency or schools, as well as past employers can take up to a few weeks.
The need to get thorough background check reports quickly is another reason to work together with The Koleman Group LLC. Our vast resources and advanced research capabilities let us deliver compliance with FCRA background check reports in as just an hour.
The Koleman Group LLC Your trusted partner for Fast and Accurate Compliant Arkansas Background checks
Employers who conduct check-ups on background Arkansas are aware of how important precise information is to protect their businesses. Making Arkansas background checks can assist you make better hiring choices and shield yourself from risk of liability.
When you work in conjunction with The Koleman Group LLC, you will benefit from our comprehensive education and resources to ensure that you will quickly receive all the information you require.
Contact The Koleman Group LLC to know more about our services and request a no-cost estimate.
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 concerning your particular practice and compliance with the applicable laws.
Written on 2021-01-30 15:52:43 by larry coleman