Maine Background Check
If you're looking to hire new employees for your company in Maine, it is important to hire the most skilled and reliable ones you can.
However, it is difficult to determine who is competent and trustworthy and which ones aren't and not reliable.
Did you know that 78 percent of applicants confess having lied in the interview process?
When you conduct background checks on employees, you can ensure your new hires are knowledgeable, reliable, competent, and trustworthy and keep your workplace secure for customers and employees.
We are The Koleman Group LLC; we frequently conduct thorough, precise, FCRA-compliant background screenings for employers throughout the state, including Ellsworth, York, and Oxford County - so we're very familiar with every aspect of Maine's screening process for employment.
This article will help employers understand the legal requirements to conduct the Maine background check. Utilize it as a source to ensure you're within the lawful requirements of all applicable laws.
Let's get started.
4 Motives Employers Conduct Background Checks in Maine
Employers require background checks in Maine for many reasons. Here are the most frequent background checks.
General Pre-Employment ScreeningThe majority of businesses in Maine conduct background checks before hiring as a fundamental element of their hiring process. Background checks before hiring help them determine what applicants have stated on their resumes and also confirm that they are not afflicted with any criminal convictions that are disqualifying.
- The screening process for supervisory roles
In posts, managers and supervisors typically have a greater responsibility than employees in other positions. This is why employers usually do background checks on candidates and may require more details than they do for applicants at the entry level.
- Ongoing Employment Screens
Certain industries have regular screenings of employees at particular intervals. For instance, the Federal Motor Carrier Safety Administration requires trucking companies to sector to check drivers' driving histories at least once every 12 months and after an accident. Other industries may also require regular background checks on their existing employees.
- Background Checks for those working in the Caring Professions
The people working with vulnerable populations such as seniors, people who have disabilities, and children are required to undergo rigorous background screening.
This is since they must protect their patients and customers.
Many businesses involved in care professions conduct thorough screenings of background that demand more details than other checks carried out by other types of employers.
Maine Employment Background Check Laws: A Complete Overview
When conducting Maine background checks on employees, you must comply with all laws and regulations applicable to you. Following the lawful requirements will help you avoid penalties, fines, and lawsuits.
Here's an overview of the federal and state laws.
Federal Laws on Employment Background Checks
The Federal Trade Commission enforces the Fair Credit Reporting Act, which is an act of the federal government that regulates hiring practices and how background information is used throughout the U.S. The law was passed to safeguard the fairness, accuracy, and confidentiality of consumer information and regulate how it is collected and used by employers.
Employers must obtain the approval of applicants before they run background checks for pre-employment. The FCRA also regulates what employers have to do when they decide to deny hiring candidates based on information found during background checks.
If you choose to partner in partnership with The Koleman Group LLC, you can rest assured that we are in compliance with The FCRA and will help you comply with the hiring process.
The U.S. Equal Employment Opportunity Commission enforces Title VII of the Civil Rights Act of 1964 and various other anti-discrimination legislation of the federal government. According to those laws, the employer has to independently assess any criminal history information disclosed in the candidate's background check report as it pertains to the position being offered.
Maine State Laws on Employment Background Checks
Employers must be aware of various lawful requirements in Maine when conducting background checks before hiring.
Substance Testing Law
Employers who want to conduct drug tests before hiring must first create an appropriate drug test policy and send the policy to the Maine Department of Labor for approval to ensure compliance with Maine's Substance Testing Law. Then, they must inform applicants and employees that they are planning to establish an initiative.
Use of Marijuana Act Use of Marijuana Act
It is important to note that the Maine Medical Use of Marijuana Act covers how employers employ pre-employment drug tests to hire. Under the provisions of 22 MRSA 2430-C(3), employers cannot refuse applicants for employment. In addition, 2430-C(3) employers can not deny applicants employment due to the applicant's situation as medical marijuana users unless hiring an applicant could put the employer in breach of federal law or the employer loses Federal funds or contracts with federal agencies.
In general, employers may conduct pre-employment drug screens, including for marijuana. The Medical Marijuana Act doesn't prohibit employers from conducting a marijuana test or restricting it within the workplace, as long as they have obtained permission from the Maine Department of Labor for its drug testing policy.
Due to the different ways in the way that recreational and medical marijuana is treated under Maine's laws, it's an excellent idea that employers consult their legal counsel before formulating drug testing guidelines for both employees and applicants.
Social Media Law
Maine is also a law on social media applicable to the employer. Therefore, by 26 MRSA SS616, employers are not permitted to make the following statements to applicants and employees about the use of social media:
- Coercing, requiring, or requesting the divulgation of employees' and applicants passwords
- The practice of requiring, coercing, or demanding employees or applicants to access the social networks of their employees within the company's presence
- They are coercing or requiring applicants to reveal information about Facebook and other social networks.
- Employers or applicants are required to alter their privacy settings to permit employers to see the account.
- Discharging, penalizing, or refusing to employ applicants or employees due to their inability to grant the employers access to social media profiles
For employees of the state government that do not include schools and those required to be licensed under earlier provisions, Maine has a ban-the-box law found within 1.5 MRSA SS 792. This law bans state government employers from asking for criminal history information when they apply for employment and in the beginning phases of their hiring process.
Maine employers that employ direct access workers, such as those working in childcare, health care facilities, and schools, among other licensed facilities, are required to conduct thorough background checks, including criminal history searches for those who are under 34-B MRSA SS1225 and 22 MRSA.
What's on the Maine background check?
Based on your requirements according to your requirements, the Maine preliminary background check can be basic or thorough. We at The Koleman Group LLC can provide a wide selection of types of background check reports for applicants.
The most frequent types of information employers in Maine are looking for to be included on background check reports include criminal background information and employment history verification, and verification of education.
Here's what you should expect to look for on those reports.
If an applicant has criminal convictions within their past, You will find the following information regarding the offense(s) that are in question:
- Specific cost
- When when the matter was first filed
- The disposition of the charge
- Disposition date
- Charge severity - either a felony or misdemeanor
- Sentencing information
It is possible to evaluate the information about your current post.
The verification of employment will allow you to verify your applicants' previous employers, dates of employment, and the positions they have held. Requesting confirmation of employment will allow you to ensure that applicants are trustworthy and skilled and help you avoid the liability of negligent hiring.
The History of Education
The reports on education verification can help you determine the college or university your applicants have attended, the dates of attendance and the diplomas, degrees, or certificates awarded. In addition, this kind of report will help you hire reliable and competent candidates.
What Qualifies You for a Maine background check?
Some people may not pass employment background checks due to a variety of reasons, including criminal background information, false employment history, education discrepancies driving records, or failing drug tests.
Each of these issues is discussed in the following sections.
Criminal History Information
It is reported that the National Conference of State Legislators estimates that 77 million citizens within the U.S. have criminal records. The extent to which an arrest record could be a reason to deny an applicant the job will be contingent upon the type of job they are seeking and the rules specific to specific sectors.
Untrue Employment History
Many people are sloppy on their resumes or applications regarding their dates of employment and their experience. They may do this to conceal gaps in their work or to say that they possess more knowledge than they have. Employers who require employment verification checks quickly discover that they have been lying in their profile or applications.
Employers want reliable workers; lying about your work experiences can result in an unwelcomed rejection.
Many applicants bog down their resumes by saying they have degrees or certificates that they didn't earn. However, companies that perform education verification checks can see all the schools the applicant attended and any certificates or degrees the applicant has received. Lying about the degree earned can result in being disqualified.
Poor Driving Record
Candidates applying for jobs requiring them to be driving as a routine part of their job may be disqualified if a vehicle report shows numerous traffic violations. In addition, employers verify applicants' driving records to be sure they are not liable for insurance penalties and negligence in hiring.
Failure of in the Drug Test
Employers often request pre-employment drug screenings to protect themselves from the risk of liability. However, if applicants fail the drug test before employment and fail the test, they could dismiss the applicant.
In 2018, Maine passed a law that prohibits employers from taking adverse work-related actions solely on the consumption of medicinal marijuana. Employers can, however, be able to institute discipline and enforce the policy of a drug-free workplace. In addition, employers should speak with their legal counsel before making a negative decision against an applicant due to the results of a marijuana test that failed.
How Long Does a Background Check Go for Maine?
Maine background checks before employment must conform to the requirements of FCRA and its limitations regarding how long back negative information may be reported and used to disqualify candidates for work.
The FCRA is the seven-year timeframe for looking back, meaning you will not be able to find information regarding arrests that are older than seven years older. The salary-cap exemption is available to this limitation for positions that pay greater than $75,000.
The FCRA's time restrictions don't apply to information about convictions older than seven years ago. If you choose to work with a trusted background check provider like The Koleman Group LLC, You are assured that the background check reports are fully FCRA-compliant.
The lawful restrictions of the FCRA don't apply to employment, education, or other types that require background data. This kind of information is considered a background check regardless of the person's age.
How to get Background Checks in Maine
Employers can obtain criminal history reports at the Maine State Bureau of Identification and The Maine State Police. The agency is responsible for keeping a central repository for criminal records in Maine.
Employers that offer services and support for vulnerable people can utilize services and care for vulnerable populations can also use the Maine Background Check Center, which was established by an alliance between the Maine Department of Health and Human Services and the Department of Public Safety.
It is possible that you won't receive all pertinent information when you use background checks by the state in Maine. State Bureau of Identification State Bureau of Identification will only provide criminal records within Maine and will not provide specifics about convictions found within other states. In addition, only licensed providers of direct-care services can use this Background Check Center, and it will only provide information regarding convictions that are disqualifying.
Conducting background checks with the state's system won't provide you with different types of information regarding your applicants, including academic qualifications or employment history.
Choosing a reliable 3rd-party background check company like The Koleman Group LLC is recommended. You can rest assured that the reports you get are FCRA-compliant, thorough, and reliable with us.
What is the best way to run Compliant background checks in Maine?
To make sure the background check conform with the law, it is essential to ensure that they're fair.
According to the guidelines of the EEOC, It is illegal for employers to investigate a prospective employee's background concerning color or the country of origin, sexual orientation, disabilities, religion, or other genetic data. However, should you perform background checks on applicants, they should be required to go through the same procedure regardless of protected specifics.
By the Fair Credit Reporting Act (FCRA), the Federal Trade Commission (FTC) obliges employers who conduct background checks using third-party screening to follow the following steps:
- Inform the employee or applicant.
Inform the candidate or employee that you plan to conduct a background check in writing. Inform them that you could utilize your background check results to inform a hiring decision. The notice should be an individual document and not be included in the application. Additional information could appear in the document, but only in cases where it is not likely to create confusion.
- Let the applicant or employee know about their rights in the investigation reports.
If you have asked a 3rd-party background check provider to complete an investigation report which is a document which is based on interviews regarding the general reputation of a person's lifestyle, character, and personal characteristics, You must inform the applicant or employee that they have the right to request an explanation of the scope and purpose that the report will cover.
- Get written consent.
You must obtain written permission to conduct your applicant or employee's background check. It is possible to include the consent on the form you submit to inform the employee or applicant that you will carry out a background check report. If you plan to conduct regular background checks throughout the applicant's duration of employment, it must be stated clearly and conspicuously.
- You must prove that you've met the required steps.
- You must confirm that to the third-party CRA that you've done the following:
- Have given notice to your applicant/employee that it is your intention to run the background check
- You must have obtained the applicant's permission in writing to get the background check report.
- Have met the FCRA requirements of the FCRA
- Does not discriminate against the applicant or the employee or make use of the information to violate the federal or state Equal Employment Opportunity laws
- Utilize the adverse action process when you decide not to hire someone based on a background check.
Suppose you find that a background check report includes criminal convictions that allow you to make a negative hiring decision. In that case, it is mandatory to follow the following guidelines in the FCRA:
- Before you take any adverse action before taking adverse action, you must inform the employee or applicant in writing, orally in writing, or electronically that he/she was not accepted due to the information contained in the background check report.
- Give the name, telephone number, and address of the firm that conducted the investigation.
- Indicate that the company of a third party did not make the hiring decision. They are unable to give specific reasons why it was not made.
- Provide the applicant or employee with a reason. Can contest the report's accuracy, completeness, or validity and request a free document from CRA for 60 calendar days.
What information am I not allowed to obtain in a Maine background check?
It is important to know the types of information that you should not request or include during a Maine background check. They include:
Although Maine does not permit records to be wiped out, it provides the option of pardoning convictions. Employers cannot request information regarding pardoned convictions. Applicants do not need to reveal any convictions that have received pardons in an application.
Sealed Juvenile Recordings for Children
The court can be petitioned for the sealing of their records as juveniles. If they're granted sealed, juvenile records cannot be requested or reported on background checks for pre-employment in Maine.
What's the Price of Background Checks Price to be completed in Maine?
If you request the background check through the state, you must pay $31 for each report. You may find some service providers on the internet offering free background screening reports. However, these sites are not recommended as the information they offer is typically not vetted and inaccurate and could put you at risk of liability.
The best choice is to partner with an experienced and reliable company like The Koleman Group LLC. We have access to a wide range of databases and the latest research techniques to quickly give you reliable and complete background check reports.
You can also pick the type of background check reports you need for your company so that you don't have to have to pay for unneeded information.
We offer a wide range of different types of background reports you can choose from. If you need greater than 50 background reports per year, we can offer bulk discounts. Contact us to get an estimate at 618-398-3900.
What is the length of time Background Checks take to complete in Maine?
The amount of time needed while conducting the background check process will depend on your chosen route. For example, if you opt to buy background checks through State agencies, it may take a couple of weeks before you can receive the results.
This is an excellent reason to partner together with The Koleman Group LLC. Due to Our access to trustworthy databases and advanced research methods, we can offer background check information to you faster.
The Koleman Group LLC Your trusted partner for Fast accurate, Compliant Maine Background Checks
Background checks before hiring are essential to the security and success of your company. Conducting a background check will help safeguard yourself from liability while also ensuring that you have the right information to make informed hiring choices.
At The Koleman Group LLC, we have the expertise and resources needed to quickly provide accurate, comprehensive, and FCRA compliant background check reports for our clients in Maine. Our staff members undergo intensive training and can access our latest technology and extensive resources to get the data you need.
Get in touch with The Koleman Group LLC today to get a quote or to know details about our before employment background check services we can provide to you.
Disclaimer: The information and resources offered on this site are intended for educational use only and are not legal advice. Talk to your lawyer for legal concerns concerning your specific practice and compliance with the applicable laws.
Updated on 2022-06-07 21:33:49 by larry coleman