Oklahoma Background Check
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Oklahoma Background Check

The majority of employers in Oklahoma are aware of the necessity of carrying out some kind or pre-employment background check. An Oklahoma background check can allow you verify your candidates' credentials and ensure your business's security.

Although the majority of employers perform an Oklahoma background check to hire but many don't know how to conduct thorough screenings that provide the required information and also conforming to all laws and rules and.

 

Beyond checking a candidate's identification and criminal background as well as employment history and education level, an efficient Oklahoma background check to hire also provides the most complete profile of the potential employee, which allows employers to be more confident in their hiring decisions, and also protecting employers from any potential negligence in hiring risk.

At The Koleman Group LLC, we perform background checks on employers from Oklahoma City, Tulsa, Norman and many more. Check out our complete guide below to find out how to conduct background check throughout Oklahoma in a way that is in full compliance with applicable federal and state laws.

 

What is the reason Oklahoma Employers Conduct Background checks?

There are many reasons Oklahoma companies conduct screening prior to hiring. A few of the most common reasons are listed below.

1. General Screenings for Pre-Employment for all prospective employees

The majority of Oklahoma employers see pre-employment screenings to be an essential element of their hiring process. Conducting background checks to hire in Oklahoma can help employers ensure that the applicants don't have criminal convictions that are disqualifying and confirm the employment and educational claims they've included when they submit their resumes.

2. Screenings for Pre-Employment designed for Managers and Supervisors and Executives

Supervisors, corporate executives and managers have more access to company data and are more accountable in comparison to other types of employees. In these positions employers often request more detailed background information than they do for lower-level positions.

3. Pre-employment screenings for people working with vulnerable populations

Candidates for jobs that require them to deal with vulnerable groups that include those with disabilities, children and seniors, are required to go through extensive background checks due to the vulnerability of those who they will be working with.

Background checks for pre-employment in Oklahoma for those working in healthcare occupations are usually longer than background checks for applicants for other jobs.

4. Annual Employment Screens

In certain industries employees are required to conduct background check on a regular basis, or even after an incident.

For example, trucking firms are required to conduct annual checks on their drivers' driving histories in accordance with Federal Motor Carrier Safety Administration rules. They also have to conduct investigations when a truck driver has been involved in an incident.

Different types of companies require employees to go through routine checks of their employees.

Oklahoma Background Check Laws 2021

If you conduct Oklahoma background checks prior to employment You are required to comply with both federal and state laws that govern background checks for employment. If you comply with these laws, you'll be able to stay clear of any potential lawsuits, penalties and fines.

Here, we'll go over an in-depth an overview of some of the significant laws.

Federal Laws on Employment Background Checks

FCRA

The Fair Credit Reporting Act (FCRA) is enforced by the Federal Trade Commission, and it safeguards the privacy of consumers regarding the data collected in the consumer report agencies. The law also covers background checks before employment, and also how employers are able to use the data they collect.

Before an employer is able to conduct an employment background check, it must first notify the applicant it plans to conduct the background check and obtain the applicant's written consent. If an employer makes a decision against hiring an applicant on the basis of information collected during the background check, it must adhere to the adverse action procedure in the FCRA before making a final decision to employ the applicant.

We at The Koleman Group LLC, we are knowledgeable about FCRA requirements and will always give our clients complete, accurate in compliance with FCRA background check reports.

Title VII

Title VII of the Civil Rights Act of 1964 is applied through the U.S. Equal Employment Opportunity Commission (EEOC). The law and the amendments are the key anti-discrimination law in the U.S.

Anti-discrimination laws govern background checks prior to employment when they provide criminal background information. If the applicant has an indictment it is your responsibility to evaluate the relationship between it and the job you are hiring prior to making a decision that is not favorable.

Oklahoma State Laws on Employment Background Checks

Oklahoma employers should be aware of and abide by the various state laws regarding background checks before hiring.

We've listed them below.

Employer pays for Alcohol and Drug Testing. Alcohol Testing

Employers can ask applicants to undergo pre-employment drug screenings and create positions contingent on the passing of these tests, provided they inform applicants ahead of time that they plan to conduct drug tests.

An employer who requires a pre-employment drug test is required to pay for the cost in accordance with Oklahoma. Stat. SS40-556.

If the applicant fails to pass the test and then requests confirmation then the applicant is accountable the costs of the test.

Employer to pay the Medical Exam for pre-employment

Employers who require applicants to undergo medical examinations prior to employment in order to be employed must offer them free of cost under Oklahoma. Stat. SS40-191.

They should also send an original copy of the report from the examiner for the candidate within 30 days.

Employers are not able to request Social Media Information

According to Okla. Stat. SS40-173.2 Employers aren't allowed to ask prospective applicants or employees to provide their passwords to social media user names or passwords, nor utilize other methods for accessing their social media accounts via electronic devices.

It is also not possible for employees or applicants to log on to their social media accounts while in front of employers.

They can also request access to conduct an investigation in the event that employees have used their or her employer's equipment in order for accessing social media.

Employers Are Not To Inquire Concerning Sealed or Expunged Records

According to Okla. Stat. SS22-19, employers are not allowed to solicit information from applicants regarding sealed or expunged documents. A candidate who is unwilling to reveal documents that are sealed or expunged can not be disqualified from the job on this basis.

Special Notice is Required Prior To Background Checks are conducted prior to employment.

Employers who plan to conduct background checks prior to hiring must first inform employees of an express notice in accordance with Okla. Stat. SS24-148. The notice should include an opportunity for applicants to review.

If the applicant selects this box, then the company should ask for a copy of the statement from CRA to be delivered straight to the person applying, at absolutely no charge to applicants.

Ban the Box for State employees

Oklahoma has an ordinance that bans the box for employers in the public sector under the 2016 Executive Order No. 1023. In this law, employers in the public sector can't ask questions regarding the criminal record of an applicant in their application. However, they are able to ask questions during an interview.

What kind of background Verification is Required for Employment for employment in Oklahoma?

The kinds of information that you will see in the Oklahoma preliminary background check will depend on the kind of information you want to see.

Background checks to be used for employment in Oklahoma could include the following types information:

  • Criminal convictions for felonies that haven't been sealed or expunged
  • Convictions for misdemeanors have not been sealed or expunged have not
  • In the midst of criminal cases
  • Arrests that resulted in convictions that haven't been sealed or expunged
  • Civil judgments in the last seven years
  • Registration on the registry of sex offenders
  • History of address
  • Employment and history
  • Predominance on the Domestic Terrorist Watchlist
  • Record of a prisoner

 

Through The Koleman Group LLC, you can choose only the kinds of background information you require for your job openings to ensure that you don't need to cover unnecessary reports.

Many employers in Oklahoma require criminal background, employment history and education history information in their background checks prior to hiring.

This is what could be included in those kinds of reports:

Criminal History

If the candidate has an arrest record that has not received an sealing or expungement then you'll see the following kinds of information regarding the offense(s):

  • Charge
  • Filing date
  • The severity of the charge (Felony or misdemeanor)
  • Disposition
  • Disposition date
  • Sentence

 

Then, you can conduct an assessment on your own of a conviction , as it pertains to the position that you're hiring.

Employment Verification

Employer verification is a way for you to verify past employment history of your candidates. You'll find the following details:

  • Each former employer
  • The dates for each employer's employment are different.
  • Positions and titles held

 

Employer verification can assist you ensure that your candidates are trustworthy and possess the relevant expertise, reducing the risk of hiring negligence risk.

The History of Education

Employers can use education verification to verify the educational credentials of their candidates. There are the below types of information:

  • Institutions that are attended
  • Attendance dates
  • Any diplomas, certificates or degrees

Employer verification helps you make sure that your candidates are trustworthy and qualified.

 

How far back do Background Checks Go in Employment within Oklahoma?

Background checks for jobs in Oklahoma must be in compliance with the FCRA's lookback period for positions that pay less than $75,000 for the year. There's no any information regarding the following items at the age of seven years or older:

  • Arrests without a conviction
  • Civil judgments
  • Liens
  • Civil lawsuits
  • Bankruptcies

 

The lookback timeframe does not apply to positions that pay minimum $75,000 per year.

Criminal convictions are recorded regardless of age, as in the event that they have not been sealed or expunged. The seven-year lookback timeframe isn't a hindrance to the ability to disclose employment and education information, which can be reported regardless of how old it could be.

How do I get an Criminal Background check for Oklahoma?

The Oklahoma State Bureau of Investigation has a database of criminal history data. Requests can be made via mail or on the internet. School administrators can request background checks on teachers via the State Department of Education.

The only reports you can request of the particular state provide some information. There is no criminal history reports from other states or get additional information that is crucial to know about the applicant's educational or employment record.

Employers may try a DIY approach to background checks . This involves making requests to several agencies, schools as well as past employers, and conducting online searches. This process could be time-consuming and result in inaccurate and incorrect or inaccurate details.

The most effective method of conducting an Oklahoma pre-employment background check is to work with a reliable legally compliant background check provider like The Koleman Group LLC. We provide accurate, complete and up-to-date background checks that comply to the FCRA.

As An Oklahoma Employer How Do I Make Sure I'm Compliant?

Employers must abide by the federal and state laws that govern background checks in order to avoid penalties and fines that are hefty.

Here are a few suggestions on how to stay compliant when conducting check-ups in Oklahoma.

1. Individually assess convictions

If you find that a background check report reveals a prior criminal record, make sure you review it individually to determine if it pertains to the specific requirements that the position requires. If you decide that it does, you could justify a negative decision based on the adverse action procedure.

2. Send a Pre-Adverse-Action Notice

It is mandatory to provide an affirmative action notice to a potential candidate who you are not planning to accept the candidate in the event of the results of a police background check report. The notice you give must contain the following information:

  • The particular conviction
  • Copy of the report on conviction
  • Deadline to provide clarification details

3. Send a Final Action Notice

If you make an unfavourable hiring choice it is your responsibility to send an adverse action notice that is final. This notice should contain details about the applicant's rights to appeal the decision and request reconsideration.

What will disqualify you From An Oklahoma background check?

There are a variety of things that can cause you to be disqualified during an employment background check. The various issues that could cause a disqualification are listed below.

Criminal Record

Many millions of Americans have criminal convictions. Although a conviction for a crime isn't a requirement from a job however, it could depend on the position for which you're applying and the field it's located in.

False or flims about Your Previous Employment

Falsifying your employment history could cause you to be denied an offer of employment. Employment verification checks may reveal whether an applicant has made false statements about the details of their previous work history. Employers are looking for trustworthy applicants that they can trust.

Falsifying Educational Achievement

Some applicants claim that they have attended prestigious schools or even be able to show certificates or degrees they did not attend or not receive. Verification of education can reveal whether the assertions made by applicants regarding their educational background are authentic.

If you lie about your previous schooling, you'll likely be disqualified.

Bad Driving Record

If you're applying for a position in which you must regularly drive, the employer is likely to look over your record of driving as part of the interview background check. If you've been found guilty of numerous traffic violations or other serious infractions, the employer is likely to reject your application.

Failure of a Drug Test

Pre-employment drug tests are typically required to safeguard employers from legal liability. If you fail a drug test prior to employment and fail to pass, you could be disqualified from an opportunity to work.

What is the cost of the Background Checks cost to conduct a background check in Oklahoma?

If you want to request an OSBI background check from the OSBI the OSBI, you must pay $15 for a check based on name or $19 for fingerprint-based report on each background check.

There are some online services that provide no-cost background check. Avoid these companies since they often provide incorrect and unreliable information that could result in lawsuits.

The best option is to work to work with The Koleman Group LLC. We have access to an extensive database and have the latest research capabilities to provide quick, thorough reliable, FCRA-compliant, and trustworthy background checks that are affordable.

We also offer bulk discounts to customers who require 50 or more reports annually. Contact us now to receive a no-cost quote.

What is the length of time a Background Check Last to complete in Oklahoma?

The time required in your background check process will depend on the route you select. If you choose to purchase background checks through the OBSI It could take several weeks before you are able to receive your results.

If you work in partnership with The Koleman Group LLC, you'll get your reports fast. We make use of our vast access to databases as well as innovative research methods to provide background check reports in just a few hours.

The Koleman Group LLC is your trusted partner for Fast and Accurate Compliant Oklahoma Background Investigations

Conducting background checks prior to hiring could aid in protecting your company's safety , while protecting yourself from any potential legal liability.

At The Koleman Group LLC, we have all the resources and expertise to conduct precise, thorough and current FCRA-compliant background checks and return them promptly. We make use of cutting-edge technology and vast resources to locate the kind of information you'll need.

Contact us today to receive FREE appointment: 618-398- 3900

Disclaimer: The information and resources offered on this site are intended for educational use only and are not legal advice. Contact your attorney should you have any legal concerns concerning your particular practice and compliance with the applicable laws.


Written on 2021-02-02 18:44:21 by larry coleman

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