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Employers utilize background checks to confidently assess candidates by examining details such as work history, education, credentials, criminal records, and additional relevant information. Yet, mastering the complexities of relevant federal, state, and local regulations alongside fair employment standards can pose difficulties. Continue reading for insights into conducting lawful background checks in Arizona.
In Arizona, a background check involves scouring public records and databases to furnish details regarding a potential job candidate, contractor, or volunteer. Depending on its extent, such checks may encompass educational history, employment track record, credit standing, driving records, criminal background, and more. Employers have the discretion to select which screenings to incorporate, considering factors such as industry, job role, and internal background check policies.
Options include either conducting background checks internally through the human resources department or collaborating with a Consumer Reporting Agency (CRA) for pre-employment screenings. A reputable CRA, such as Rapid Hire Solutions, offers a range of background screening services to bolster a comprehensive background check program. Partnering with a CRA can streamline the process, expedite results, ensure reliability, and uphold regulatory compliance.
Why Employers Need Background Checks In AZ
Conducting an employment background check in Arizona is essential for fostering a safe and productive work environment. These checks enable employers to authenticate the information provided by candidates during the application process or interviews and offer valuable insights into aspects of a candidate’s background that might not be evident through other stages of hiring.
Certain employers in Arizona are mandated by law to carry out pre-employment background checks. For instance, individuals seeking a contractor license must agree to undergo an Arizona criminal background check. Moreover, employers within the childcare sector, including licensed centers and group homes under the Arizona Department of Health Services (DHS), certified home providers by the Arizona Department of Economic Security (DES), and registered providers with the Arizona Child Care Resource & Referral (CCR&R), must conduct pre-employment background checks on all staff and volunteers prior to their commencement of duties.
What Shows Up On A Background Check In Arizona?
The content displayed on an Arizona pre-employment background check hinges on the chosen screenings and their respective scopes, with each type of check revealing distinct information. The selection of screenings may fluctuate depending on industry norms, job roles, and the internal background check guidelines of the company.
Here are several typical background checks that Arizona employers may undertake to gain deeper insights into a candidate’s background and to validate the information provided during the job application or interview process:
- Criminal background checks can uncover misdemeanor and felony convictions, arrest records, and ongoing criminal proceedings.
- Education verification confirms the educational institutions a candidate attended, encompassing enrollment periods, graduation dates, fields of study, and obtained degrees or certificates.
- Employment verification validates past employment details, including previous employers, employment durations, and job titles held.
- Credit checks scrutinize a candidate’s credit history, encompassing payment histories, accounts in collections, instances of foreclosure, and bankruptcy filings. These checks are typically conducted for positions involving access to sensitive financial data.
- Motor Vehicle Record (MVR) checks assess a candidate’s driving history to verify license status and driving safety records, commonly employed for roles involving driving responsibilities or the operation of heavy machinery.
- Civil background checks delve into both lower and upper court records to identify civil judgments, liens, foreclosures, breaches of contract, and similar legal matters.
- Drug testing indicates potential evidence of current or past usage of specific illegal or prescription drugs.
How To Get An Arizona Employment Background Check
The method of obtaining a background check in Arizona varies depending on whether you opt to gather information directly, such as by requesting records from county courts, or enlist the services of a certified background check provider. When managed internally by your hiring team, background checks typically necessitate ordering each screening separately, which can prove to be time-consuming and labor-intensive.
Certain types of Arizona background checks can be ordered online. For instance, employers have the option to request Motor Vehicle Record (MVR) records directly from the Arizona Department of Transportation via the internet, or alternatively, they can submit a notarized copy of the Motor Vehicle Record Request form through mail or in-person.
Moreover, non-criminal justice entities, like public school districts, eligible to receive criminal history records, can initiate the process through the Noncriminal Justice (NCJ) Compliance Program, which administers fingerprint-based state and federal records checks.
It’s important to bear in mind that Arizona state law prohibits the Arizona Department of Safety Central State Repository from conducting criminal history checks for out-of-state agencies for employment purposes.
To authenticate a candidate’s employment history or educational background, direct communication with each respective employer or educational institution is necessary.
While employers have the option to conduct employment background checks in Arizona independently, many opt to collaborate with screening providers to simplify the process and access more comprehensive results. A reputable Consumer Reporting Agency (CRA) like Rapid Hire Solutions can streamline the procedure, expedite outcomes, and ensure greater accuracy.
Arizona Background Check Laws
Your organization’s approach to pre-employment background screenings may be influenced by fair hiring laws at the federal, state, and local levels. If you’re uncertain about which Arizona employment background check laws and regulations are applicable to your situation, it’s advisable to adhere to the most stringent requirements and seek guidance from legal professionals.
BAN-THE-BOX
Arizona’s ban-the-box law at the statewide level prohibits relevant state agencies from inquiring about a candidate’s criminal record on a job application, unless state or federal regulations explicitly prohibit hiring individuals with prior criminal records. Affected state agencies may discuss a candidate’s criminal history after conducting an initial job interview. Private-sector employers are not subject to this law.
ARIZONA CIVIL RIGHTS ACT (ACRA)
The Arizona Civil Rights Act extends to both public- and private-sector employers. It mandates that employers inform candidates that prior convictions will not automatically disqualify them from a position if they are asked to disclose such information on a job application.
ARIZONA SENATE BILL 1294
Under Arizona Senate Bill 1294, individuals have the right to petition the court to seal certain criminal records. If approved by the court, candidates may indicate on a job application or during an interview that they have never been arrested for, charged with, or convicted of the relevant offense.
However, some criminal history offenses are ineligible for expungement, particularly those that would disqualify individuals from obtaining specific highly regulated employment positions. For instance, a candidate with a conviction for abusing a vulnerable adult would likely not qualify for a job in elder care.
ARIZONA SENATE BILL 1504
According to Arizona Senate Bill 1504, childcare personnel, including volunteers, must undergo a fingerprint background check through the Arizona Department of Public Safety before commencing employment and every five years thereafter. This check encompasses searches of both state and national criminal records, state and national sex offender registries, the Arizona Child Abuse & Neglect Registry, and records and registries from all previous states of residence. The law pertains to various childcare facilities, including DHS licensed centers, DHS Group Homes, DES Certified Home Providers, and CC&R Registered Providers.
Disqualifying offenses include sex offenses, child abuse or abuse of vulnerable adults, violent crimes, among others.
FAIR CREDIT REPORTING ACT (FCRA)
The FCRA applies to employers collaborating with a Consumer Reporting Agency (CRA) for background checks. This federal legislation necessitates employers to provide written notice to candidates regarding their intention to conduct a background check and obtain written permission from candidates before proceeding. Employers must also adhere to the FCRA’s adverse action procedure if they decide not to proceed with an employment decision based on background check results.
County Resources
For employers conducting pre-employment background checks in Coconino County, Arizona, the following information regarding local ban-the-box laws and the accessibility of public records may prove useful:
COCONINO COUNTY
Coconino County spans 18,661 square miles, ranking as the second-largest county by area in the contiguous United States and the largest within Arizona. It features notable landmarks such as parts of Grand Canyon National Park, Navajo National Monument, and Lake Powell. The county is inhabited by 144,060 residents and is home to various Native American tribes, including the Navajo, Hopi, Paiute, Havasupai, and Hualapai.
Public Information & Records:
A ban-the-box law applies to positions within the county government.
County Resources
For those seeking information on obtaining background check data in several of Texas’s largest counties, the following resources are available:
BELL COUNTY
Situated in central Texas, Bell County is conveniently positioned near Austin, Dallas, Houston, and Waco. The county boasts a population of nearly 380,000 residents. Its principal city, Killeen, hosts the renowned Fort Hood, one of the world’s largest military installations.
Public Information & Records:
MARICOPA COUNTY
Maricopa County stands as Arizona’s most populous and the fastest-growing county in the United States. With a population of 4.5 million, it accommodates half of the state’s residents across its 9,224 square miles. Notably, Maricopa County boasts one of the largest park systems in the nation, encompassing over 120,000 acres of open spaces. Phoenix, the state capital, serves as the county seat.
Public Information & Records
Local ban-the-box laws apply to positions within Maricopa County government and the city governments of Glendale, Phoenix, and Tempe.
MOHAVE COUNTY
Situated in the Northwestern corner of the state, Mohave County features portions of Grand Canyon National Park, Lake Mead National Recreation Area, Grand Canyon-Parashant National Monument, and several Indian reservations. Lake Havasu City, its most populous city, houses approximately a quarter of the county’s 220,816 residents, with Kingman serving as the county seat.
Public Information & Records:
PIMA COUNTY
Pima County, home to over one million residents, is centered around Tucson, the state’s second most populous city and county seat. Notable attractions include the University of Arizona, Organ Pipe Cactus National Monument, Sabino Canyon, and Saguaro National Park.
Public Information & Records:
Local ban-the-box laws apply to positions within the county government of Pima County and the city government of Tucson.
PINAL COUNTY
Positioned in the central portion of the state, Pinal County ranks as the third-largest in Arizona, with a population of 464,154. Its terrain features mountains and the low desert, housing attractions such as Oracle State Park, Boyce Thompson Arboretum State Park, and Casa Grande Ruins National Monument.
Public Information & Records:
YAVAPAI COUNTY
Yavapai County, spanning the size of Massachusetts, is home to 246,191 residents. Recognized as the “mountain heart of Arizona,” it boasts a Ponderosa pine forest landscape. Prescott, the county seat and second most populous city, serves as a center for trade and was initially established as a mining town.
Public Information & Records:
Get A Texas Background Check With Rapid Hire Solutions
While Texas provides numerous state and local resources for employers conducting background checks, collaborating with a reputable Consumer Reporting Agency (CRA) like Rapid Hire Solutions can significantly streamline the process and ensure the delivery of accurate results promptly and efficiently. Rapid Hire Solutions offers an extensive selection of over 100 screening options for employers, enabling them to circumvent multiple points of contact and administrative complexities, thereby allowing them to concentrate on selecting high-quality candidates. Partnering with Rapid Hire Solutions not only saves time and effort but also ensures compliance throughout the entire process. For further information on background checks with Rapid Hire Solutions, please reach out to our sales team.
How Long Does A Background Check Take In Arizona?
The turnaround time for background checks varies depending on the extent of the search and whether you choose to conduct the screenings independently or collaborate with a qualified background check provider. Results may be available swiftly if the required information is accessible online, such as through a sex offender registry search or Social Security number (SSN) trace. However, if you need to contact previous employers and educational institutions or visit local courthouses to obtain county court records, the process may take several days or longer.
Consumer Reporting Agencies (CRAs) offer a convenient single point of contact for conducting multiple background check screenings and verifications, streamlining the process for employers. Moreover, they often have access to databases that can expedite the process and furnish rapid, precise results for Arizona background checks. For instance, the Rapid Hire Solutions platform aggregates and maintains records from over a billion sources, encompassing more than 2,100 regularly updated databases. Additionally, it continually evaluates new sources to ensure the most current data availability.
How Far Back Do Background Checks Go In Arizona?
The extent of an Arizona background check’s historical reach depends on the screenings conducted and whether they are managed in-house or through a Consumer Reporting Agency (CRA). Employers partnering with a CRA must adhere to Fair Credit Reporting Act (FCRA) regulations, which impose restrictions on the reporting of specific types of information. According to the FCRA, tax liens, civil judgments, accounts sent to collections, and arrests not resulting in convictions may only be reported for seven years, while bankruptcies may be reported for ten years. However, this seven-year limit does not apply to positions with salaries exceeding $75,000.
While some states enforce a seven-year lookback period for criminal records, Arizona does not have a similar statute. Consequently, criminal convictions may be reported indefinitely under the FCRA.
Employers conducting background checks independently may encounter limitations due to the availability of records from state sources. For instance, uncertified Motor Vehicle Records (MVR) are accessible for only three years, while certified MVR records extend to five years.
How Much Does A Background Check Cost in AZ?
The expense of a background check in Arizona varies based on the screenings conducted and whether they are managed internally or through a background check provider. When conducted internally by your hiring team, you typically incur separate costs for each check. For instance, certified Motor Vehicle Records (MVR) from the Arizona Department of Transportation (DOT) may range from $3 to $5, while the cost of a criminal records check through the Noncriminal Justice (NCJ) Compliance Program varies from $5 to $22 per search.
Opting for a more comprehensive background check through a Consumer Reporting Agency (CRA) may range from approximately $25 to $100, contingent on the breadth of the check. Collaborating with a CRA often proves to be more cost-effective and time-saving compared to in-house management. With Rapid Hire Solutions, now a Checkr company, background check packages commence at $29.99.
Get An Arizona Background Check With Rapid Hire Solutions
Rapid Hire Solutions provides over 100 screening options tailored for Arizona employers, enabling you to choose the screenings necessary to craft personalized background check packages aligned with the specific role you’re hiring for and its associated risks. Our automated workflows and compliance tools are designed to expedite the hiring process and deliver worry-free results. Begin with our fast and accurate background checks today.
DISCLAIMER
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws