Oklahoma Background Check
The majority of employers in Oklahoma are aware of the necessity of carrying out some pre-employment background checks. An Oklahoma background check can allow you to verify your candidates' credentials and ensure your business's security.
Although most employers perform an Oklahoma background check to hire, many don't know how to conduct thorough screenings that provide the required information and conform to all laws and rules.
Beyond checking a candidate's identification and criminal background and employment history, and education level, an efficient Oklahoma background check to hire also provides the complete profile of the potential employee, allowing employers to be more confident in their hiring decisions. Also, it protects employers from any potential negligence in hiring risk.
At The Koleman Group LLC, we perform background checks on Oklahoma City, Tulsa, Norman, and many more. Check out our complete guide below to find out how to conduct background checks 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 before hiring. A few of the most common reasons are listed below.
General Screenings for Pre-Employment for all prospective employees The majority of Oklahoma employers see pre-employment screenings as 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 submitting their resumes.
- 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 than other types of employees. As a result, employees often request more detailed background information than they do for lower-level positions in these positions.
- 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 must go through extensive background checks due to the vulnerability of those they will be working with.
Background checks for pre-employment in Oklahoma for healthcare workers are usually longer than background checks for applicants for other jobs.
- Annual Employment Screens
In certain industries, employees must conduct background checks regularly or even after an incident.
For example, trucking firms are required to conduct annual checks on their drivers' driving histories under 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.
Oklahoma Background Check Laws 2022
If you conduct Oklahoma background checks before 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 overview of some of the significant laws.
Federal Laws on Employment Background Checks
The Federal Trade Commission enforces the Fair Credit Reporting Act (FCRA), 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 how employers can use the data they collect.
Before an employer can conduct an employment background check, it must first notify the applicant it plans to conduct the background check and obtain its written consent. Suppose an employer decides against hiring an applicant based on information collected during the background check. In that case, it must adhere to the adverse action procedure in the FCRA before making a final decision to employ the applicant.
At The Koleman Group LLC, we are knowledgeable about FCRA requirements and will always give our clients complete, accurate compliance with FCRA background check reports.
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 before 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 before 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.
The employer pays for Alcohol and Drug Testing. Alcohol Testing
Employers can ask applicants to undergo pre-employment drug screenings and create positions contingent on passing 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 must pay for the cost under Oklahoma. Stat. SS40-556.
If the applicant fails to pass the test and then requests confirmation, then the applicant is accountable for the costs of the test.
Employer to pay the Medical Exam for pre-employment
Employers who require applicants to undergo medical examinations before 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 investigate if employees have used their employer's equipment to access social media.
Employers Are Not To Inquire Concerning Sealed or Expunged Records
According to Okla. Stat. SS22-19, employers cannot solicit information from applicants regarding sealed or expunged documents. Therefore, 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 Before Background Checks are conducted before employment.
Before hiring, employers who plan to conduct background checks must first inform employees of an express notice under Okla. Stat. SS24-148. The notice should include an opportunity for applicants to review.
If the applicant selects this box, 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 an applicant's criminal record in their application. However, they can ask questions during an interview.
What kind of background Verification is Required for Employment in Oklahoma?
The kinds of information you will see in the Oklahoma preliminary background check will depend on what information you want to see.
Background checks to be used for employment in Oklahoma could include the following types of information:
- Criminal convictions for felonies that haven't been sealed or expunged
- Convictions for misdemeanors have not been sealed or expunged have not
- Amid 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 before hiring.
This is what could be included in those kinds of reports:
If the candidate has an arrest record that has not received a sealing or expungement, then you'll see the following kinds of information regarding the offense(s):
- Filing date
- The severity of the charge (Felony or misdemeanor)
- Disposition date
Then, you can conduct an assessment on your own of a conviction, as it pertains to the position that you're hiring.
Employer verification is a way for you to verify the 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 in ensuring that your candidates are trustworthy and possess the relevant expertise, reducing the risk of hiring negligence.
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 comply with the FCRA's lookback period for positions that pay less than $75,000 for the year. There's no information regarding the following items at the age of seven years or older:
- Arrests without a conviction
- Civil judgments
- Civil lawsuits
The lookback timeframe does not apply to positions that pay a minimum $75,000 per year.
Criminal convictions are recorded regardless of age as if they have not been sealed or expunged. Therefore, the seven-year lookback timeframe isn't hindering disclosing employment and education information, which can be reported regardless of how old it could be.
How do I get a 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. In addition, 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 are no criminal history reports from other states or 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, and past employers and conducting online searches. However, 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 with 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 to avoid penalties and hefty fines.
Here are a few suggestions on how to stay compliant when conducting check-ups in Oklahoma.
- 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.
- 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 the conviction
- Deadline to provide clarification details
- Send a Final Action Notice
If you make an unfavorable hiring choice, it is your responsibility to send a final adverse action notice. 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?
Various things can cause you to be disqualified during an employment background check. The various issues that could cause a disqualification are listed below.
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 films 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 their previous work history details. Employers are looking for trustworthy applicants that they can trust.
Falsifying Educational Achievement
Some applicants claim they have attended prestigious schools or can even show certificates or degrees they did not attend or did 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 driving record 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 before 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 OSBI, you must pay $15 for a check based on name or $19 for a fingerprint-based report on each background check.
Some online services provide a 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 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 your selected route. For example, if you choose to purchase background checks through the OBSI, it could take several weeks before you can receive your results.
If you partner with The Koleman Group LLC, you'll get your reports fast. We make use of our vast access to databases and 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 before hiring could aid in protecting your company's safety while protecting yourself from any potential legal liability.
At The Koleman Group LLC, we have the resources and expertise to conduct precise, thorough, and current FCRA-compliant background checks and promptly return them. In addition, we make use of cutting-edge technology and vast resources to locate the kind of information you'll need.
Contact us today to receive a 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.
Updated on 2022-06-07 21:33:49 by larry coleman