How to Handle Background Checks Across State Lines

Keeping up with state background check laws can be overwhelming, especially if your company operates across state borders. Hiring employees from multiple states introduces complexity. Each state has its own laws for background checks, which can change rapidly and catch unprepared employers in legal conflicts. Failing to stay up-to-date with the latest information can lead to lawsuits and put your company at risk.

Fortunately, Health Street is here to simplify the employee background check process. In this blog article, we explain state versus federal background checks and how to determine the best approach for your business.

Jared Rosenthal
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Importance of Background Checks

Conducting background checks can give you more insight into which candidate is best for the position. They can be used to verify an applicant's history, covering areas like employment history, education, driving records, and criminal records. Additionally, by demonstrating a willingness to go the extra mile in thoroughly vetting candidates, pre-employment background checks can contribute to establishing trust with both employees and clients.

Thorough background checks can help companies prevent workplace conflicts and safety issues, uphold their image and reputation, and even avoid legal battles.

Understanding Federal and Multi-State Background Checks

As an employer, it is essential to understand the differences between federal and multi-state criminal background checks and to know what works best for your company.

Multi-state background checks

A multi-state screening involves collecting information about crimes prosecuted at a local, county, or state jurisdiction level. If a candidate has lived in multiple locations, the employer often orders background checks associated with those locations. Most crimes are recorded on the county or state level, so reviewing these records when hiring is critical.

Federal background checks

Conversely, a federal background check reveals crimes prosecuted nationally, such as tax evasion, kidnapping, and crimes against federal agencies. These background checks are essential for roles demanding high levels of security or trust.

Determining the Right Background Check Approach

The right background check approach depends on several factors, including the job's nature, standards specific to the industry, and relevant state laws. Use this simple checklist to guide your decision:

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Evaluate the job's responsibilities or duties and level of access
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Consider industry standards and legal requirements
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Review the laws of each state involved to ensure adherence
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Think about the geographical scope of your search based on the candidate's past locations

For a comprehensive overview of a candidate's history, combining multi-state and federal checks can help with more informed hiring decisions.

Partnering with Health Street means working with a skilled background check provider capable of delivering precise and relevant information. We offer a wide range of background screening options at both the state and federal levels. With over ten years of experience monitoring changing laws and criminal databases, our customer service is personalized to your needs.

Ready to conduct multi-state background checks for your business? Order a comprehensive and reliable background check with Health Street today!

Frequently Asked Questions

Do different states have different background checks?

Yes, background check regulations can vary greatly from state to state. Employers operating in multiple states must be mindful of these differences to avoid legal issues.

What does multi-jurisdiction mean on a background check?

A multi-jurisdictional background check involves a screening process that pulls criminal records from several legal territories, including local, county, or state jurisdictions. This approach checks a candidate's background in multiple locations in which they have lived.

Citations

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Courts by State. State Courts information. (n.d.). https://statecourts.org/?utm_source=google&utm_medium=cpc&utm_campaign=court&utm_keyword=federal+criminal+record_b&gclid=CjwKCAjwvfmoBhAwEiwAG2tqzOUJUhLCPEgctuJ-0yEgndPVh0T4SW_8oYksrlsmneu9O1s66pXXHxoCiUAQAvD_BwE
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Leonard, K. (2023, May 24). What is a background check?. Forbes. https://www.forbes.com/advisor/business/background-check/
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FAQs. Job Search. (n.d.). https://www.usajobs.gov/help/faq/job-announcement/security-clearances/
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Before you apply: Understanding government background checks. Yale Law School. (n.d.). https://law.yale.edu/student-life/career-development/students/career-pathways/public-interest/you-apply-understanding-government-background-checks
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Opm.gov. U.S. Office of Personnel Management. (n.d.). https://www.opm.gov/policy-data-oversight/assessment-and-selection/other-assessment-methods/background-evaluationinvestigation/
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Issuing Authority This technical assistance document was issued upon approval of the Chair of the U.S. Equal Employment Opportunity Commission., & This technical assistance document was issued upon approval of the Chair of the U.S. Equal Employment Opportunity Commission. (n.d.-a). Background checks: What employers need to know. US EEOC. https://www.eeoc.gov/laws/guidance/background-checks-what-employers-need-know
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Mendez, R., Miranda, C., Rose, R., & Hopkins, M. (2022, March 7). Employer background checks and your rights. Consumer Advice. https://consumer.ftc.gov/articles/employer-background-checks-your-rights
Jared Rosenthal
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Jared Rosenthal
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