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Arkansas Background Check

Many Arkansas employers recognize the importance of conducting background checks before hiring potential employees. Still, they may not be aware of conducting efficient and thorough background checks that fully comply with all applicable laws.

 

Arkansas Background Check

 

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 candidates' claims in their CVs, an extensive background check on an employment background check in Arkansas can provide a clearer image of an applicant and 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 in Arkansas for various reasons. The most frequent causes are listed below.

A general background check for entry-level positions Many Arkansas employers regularly interviews 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.

  1. Comprehensive Background Checks for Supervisory Posts

The people who are executives or managers have access to their employer's and accounts' intellectual property 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.

  1. 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 trucking field are required under Federal Motor Carrier Safety Administration rules to examine drivers' backgrounds every year or in the event of an incident where a driver is involved. In addition, different types of employers require their employees to undergo background screening in Arkansas regularly.

  1. In-Depth Screenings for positions working with vulnerable individuals

Candidates seeking jobs in the field of care must undergo rigorous background checks before employment. These jobs require dealing with disabled people and children and the elderly, people who have a mental illness, and many others.

To safeguard vulnerable clients, care providers are required to conduct thorough background checks before hiring potential applicants for positions and volunteers.

Arkansas Background Check Laws 2022

If Arkansas employers opt to conduct background checks before 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 regulating background checks within Arkansas.

Federal Laws on Employment Background Checks

FCRA

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), including businesses that offer job background check reports to employers in Arkansas.

Employers are also restricted under the FCRA regarding how they may use 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 authorization from the applicant that is signed.

Suppose you conduct a background check that reveals disqualifying information. In that case, it is necessary to undergo the process of adverse action according to the FCRA before you make the final decision not to employ the person.

Title VII

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 provides information about a candidate's criminal history.

As per the EEOC, employers must 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 a background check of applicants or employees.

Social Media Law

Under Ark. Code Ann. 11.2-124. Employers cannot form 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 by 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 cannot 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 appear 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, and examinations of professional credentials or licenses.

Candidates who apply for jobs requiring driving are also likely to undergo a check of their driving records, and some employers will also require 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 reports.

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
  • Disposition date
  • Sentence

 

A sealed conviction cannot be reported.

Employment Verification

Employment verification reports enable employers to verify applicants' assertions 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

Education Verification

The report allows employers to verify the applicants' claims about their educational qualifications and the schools 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 Arkansas job background check results can go. If the jobs you recruit for a 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
  • Liens
  • Civil judgments
  • Bankruptcies

The FCRA's lookback period does not apply to employment with a $75,000 or more salary, and convictions that have not been sealed may be disclosed regardless of age or wages.

Other information on the person's previous employment qualifications, education, or credentials is not governed by the FCRA. Therefore, they can be reported regardless of the age of the person.

What is the best way to get a background check in Arkansas?

Employers can 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 must 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. In addition, criminal background checks for state-issued criminal records do not give you other vital background information on an applicant's education and employment history.

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 be penalized and even accused of a crime.

If you carry out a 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 conducting background checks.

  1. Inform applicants of the plan of conducting the background check.

Employers must notify applicants and employees of their plans to conduct background screenings in writing. The notice should be provided in a separate document.

  1. Inform applicants of their rights under investigation.

Suppose you plan to ask for an investigative report regarding your general perception, character, and habits of the applicants. In that case, you must inform the applicant or employee that they are entitled to obtain information regarding the nature and scope of the investigation.

  1. Request written authorization from employees or applicants.

Before conducting any background check for employment background check, you must have an applicant's written consent. If you plan to conduct continuous background checks, you must notify your employees clearly and visibly.

  1. Verify that you comply 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
  • The applicant has signed the authorization
  • The employer is not in violation of federal or state laws on equal opportunity to work with the data provided.
  1. Send a pre-adverse notice of the action.

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, including the specific conviction, the copy of the background check report, and the date that the candidate has to contest or clarify the report's information.

  1. Send an official notice of adverse action.

If you decide to continue hiring an applicant based on criminal history data from the background check, you must send a final notice of adverse action. This notice should contain details of who and where the CRA is and inform applicants that CRA was not the one to make decisions regarding hiring. The notice should also include details about the applicant's rights within the FCRA.

What causes you to Pass a Background Check for Arkansas?

For various reasons, people are rejected for Arkansas background checks for employment, including criminal record or employment history embellishments or false information about education, documents regarding driving, and failing background drug screenings before employment.

These reasons are explained below.

Criminal Records

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 inconsistencies mentioned above. 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

Many 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 employment.

What is the cost of a background check cost in Arkansas?

An identity-based background check from the Arkansas State Police will cost $22 for each report. However, it will not contain any other background information that you may require.

Some companies on the web promise to run a no-cost background check in Arkansas. Beware of such vendors since they typically do not comply with the FCRA and typically provide 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 provide complete background check reports swiftly.

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 a Background Check takes for background checks in Arkansas?

The method you use to conduct the background check will determine how long it will take to return. For example, conducting an online background check through the state won't take long, 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 and 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 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 know how important precise information is to protect their businesses—making Arkansas background checks can assist you in making better hiring choices and shielding yourself from liability risk.

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.


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

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