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Performing a pre-employment background investigation can unveil significant details regarding a job candidate’s educational background, employment history, criminal record, and driving track record. This information empowers employers to make well-informed hiring choices and reduce potential risks. Adherence to the laws governing employment background screenings at the state, local, and federal levels is imperative for background checks conducted in Georgia.
Georgia employers can confidently hire qualified applicants by conducting background checks. This article examines the prevalent forms of employment background checks in Georgia, their findings, duration, and the state laws that employers must be aware of prior to conducting these checks.
In Georgia, employers and other organizations have the authority to conduct pre-employment background checks on job candidates, employees, and volunteers, with some screenings being legally obligatory. For instance, employees and volunteers at long-term care facilities are mandated to undergo state and national fingerprint-based criminal records checks. Additional components commonly included in Georgia background checks consist of:
- Criminal background checks, which delve into national, federal, state, and county records to ascertain if an individual has a prior criminal history. It’s important to note that in Georgia, access to restricted or sealed records is prohibited. These sealed records encompass juvenile records, expunged records, and most sentences successfully completed under Georgia’s First Offender Act. However, certain exceptions apply, such as instances involving specific violent crimes, particularly when the position entails interaction with vulnerable populations like the elderly, children, or individuals with mental disabilities. (Refer to the “Georgia Background Check Laws” section below for further elucidation.)
- Employment verification involves reaching out to former employers to authenticate the accuracy of an applicant’s portrayed work history and experience.
- Education verification entails scrutinizing school records to verify attendance, dates of attendance, and any degrees obtained.
- Civil court checks entail perusing the records of upper and lower civil courts to uncover details such as small claims or personal injury cases involving the individual, as well as any restraining orders, judgments, or liens.
- Credit checks, which inspect a job applicant’s credit history to reveal bankruptcies, collections, and foreclosures. Background checks in Georgia frequently incorporate credit checks, alongside civil court checks, especially for roles where an individual is entrusted with or has access to an organization’s financial data.
- Drug screening involves testing for the presence of prescription and illicit drugs. Georgia employers with drug-free workplace programs may benefit from discounts on workers’ compensation insurance, contingent on conducting drug screenings on job candidates who have received conditional offers of employment to comply with program requisites.
- Driving records checks search Georgia state motor vehicle records to report licenses held, license status, accidents, moving violations, and any serious or felony offenses that led to points being assessed on the driving record. These searches, also known as motor vehicle record or MVR checks, are commonly utilized to evaluate a candidate’s suitability for positions involving driving responsibilities.
How Long Does A Background Check Take In Georgia?
The duration for completing a background check in Georgia varies depending on factors such as the scope of the search, the responsiveness of involved entities like companies, schools, or agencies, the type of background check conducted, and whether you opt for self-searching or utilize a consumer reporting agency (CRA) offering background screening services. Nonetheless, the following general guidelines can assist in estimating the time frame for receiving background check results:
- Criminal background checks: Typically, one to two business days or longer.
Employers can access criminal background records from the Georgia Bureau of Investigation (GBI)’s Georgia Crime Information Center (GCIC) via the Georgia Applicant Processing Service (GAPS). GBI primarily conducts fingerprint-based background checks. Upon completion of fingerprints and submission of requests, GAPS usually furnishes criminal records within 24 to 48 hours, although delays may occur in certain instances. Employers seeking fingerprint-based checks are advised to engage directly with GBI, as most CRAs, including Rapid Hire Solutions, do not provide this type of screening.
- Civil court background checks: Generally, one to two business days or longer.
The time taken to complete Georgia civil court background checks depends on whether the specific court offers online access to records. Courts necessitating requests via calls, written communication, or in-person visits tend to have longer turnaround times.
- Motor vehicle records checks: Typically, one business day to a few weeks.
Georgia facilitates online MVR requests, enabling results to be obtained in as little as one day, although longer durations are possible. For instance, obtaining a certified document copy requires a request by mail, further extending the process.
- Employment verification and education verification: Typically, three to five business days.
Education and employment background checks are usually concluded within five days, although this timeline can fluctuate based on the responsiveness of schools or employers to the request.
- Drug testing: Generally, one to six business days.
Turnaround times for drug tests vary depending on factors such as the specimen used, testing method, and whether lab review is necessary to confirm positive results. Saliva drug tests typically yield results within three days, with an additional three days possibly required for lab confirmation of positive tests.
Initiating the screening process early in the hiring process, ensuring accurate candidate information such as full names, Social Security numbers, and dates of birth, and utilizing a reputable CRA like Rapid Hire Solutions can expedite background check turnaround times. Rapid Hire Solutions boasts access to over a billion regularly updated public records and maintains relationships with courthouses nationwide, enhancing the efficiency of background screening processes and reducing turnaround times.
How Far Back Do Employment Background Checks Go In Georgia?
Employers in Georgia face no limitations on the historical scope when conducting criminal background checks. However, considerations arise for other types of background checks. When partnering with a Consumer Reporting Agency (CRA), the federal Fair Credit Reporting Act (FCRA) imposes a seven-year restriction on background check results for arrests not resulting in convictions. These FCRA constraints don’t apply if conducting background checks independently, without CRA assistance.
Regarding specific background check types:
- Criminal record information: While Georgia regulates the type of criminal records reportable in an employment background check (refer to “Georgia Background Check Laws” below for details), it doesn’t prescribe limits on the historical search scope. Typically, employers search criminal records spanning seven years; for roles of heightened sensitivity, extending the search period may be advisable.
- Civil court checks: Georgia employers usually examine upper and lower civil court records spanning seven years. For positions with salaries exceeding $75,000, extending the search to the past decade might be feasible.
- Employment and education verification: Verification of employment and education can encompass any historical period. If engaging a CRA for these checks, limitations to seven years may apply.
- MVR checks: Employers accessing Georgia motor vehicle records can request records covering three years (as required for Department of Transportation-regulated roles), seven years, or the individual’s entire driving history.
Georgia Background Check Laws
Georgia possesses numerous laws governing background screening for employment purposes that are applicable throughout the state.
GA CODE 35-3-34 (3) (B)
In accordance with GA CODE 35-3-34 (3) (B), employers are obligated to notify candidates if employment is denied due to criminal records obtained through the GCIC. They must disclose that the record originated from the GCIC, detail the information contained in the report, and elucidate how the record influenced the hiring decision.
GA CODE 42-8-3 (FIRST OFFENDER ACT)
Under GA CODE 42-8-3 (FIRST OFFENDER ACT), the records of exonerated first offenders may be disclosed for employment reasons. This disclosure could lead to disqualification from employment, particularly if the individual is applying for a position within educational institutions, long-term care facilities, or organizations catering to children, seniors, or individuals with mental disabilities. This is applicable if the individual was prosecuted for offenses such as sexual battery, incest, pimping, pandering, or violations of GA Code 16-5-8, which pertains to the exploitation or intimidation of seniors or individuals with disabilities.
GA CODE 31-7-14
GA CODE 31-7-14 outlines the requirements of the Georgia Long-term Care Background Check Program. This program impacts various individuals involved in adult day centers, assisted living communities, home health agencies, hospices, intermediate care facilities, nursing homes, personal care homes, and private home care facilities licensed by the Georgia Department of Community Health (DCH). Those with direct access to patients or patient financial information must undergo fingerprint-based criminal background checks through the Georgia Bureau of Investigation (GBI) and the Federal Bureau of Investigation (FBI). Exceptions are made for licensed healthcare professionals provided their license status is verified to be in good standing by the facility.
BAN-THE-BOX LAW
The Ban-the-Box Law in Georgia, which pertains to state government entities, prohibits inquiries into criminal history until after the initial employment application stage. Automatic disqualification based on criminal history is prohibited (except for sensitive positions). Furthermore, candidates must have the opportunity to discuss their records with the employer, rectify any inaccuracies, and provide evidence of rehabilitation.
In addition to adhering to these state laws, all Georgia employers must comply with the FCRA. This federal law mandates obtaining consent from applicants and employees before conducting background checks and outlines how employers must communicate background screening results to candidates. It also delineates the adverse action process employers must follow to allow job applicants to review background check results that may lead to a denial of employment.
Numerous cities and counties within Georgia have local screening laws that may be relevant depending on the location, such as fair hiring and ban-the-box laws. Employers are encouraged to adhere to the most stringent laws to mitigate potential liabilities when uncertain.
County Resources
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For further details regarding background screening laws in a specific Georgia county or city, you can explore the resources provided below:
CHATHAM COUNTY
Chatham County is a coastal region with a population of 296,329 residents. It is bordered by the Atlantic Ocean, the Savannah River, and the Ogeechee River, with approximately 206 square miles of its total 632 square miles being water. The city of Savannah, renowned for its Southern charm, serves as both the largest and most well-known city in the county, as well as its county seat. Chatham County serves not only as an industrial and transportation hub but also as a significant tourist destination, attracting visitors to Savannah’s historic districts, waterways, beaches, and the nearby Tybee Island.
Public Information & Records:
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CHEROKEE COUNTY
This inland county in the northern part of Georgia is named for the Cherokee people who lived there when the county was created in 1831. Close to Atlanta and with good public schools, this fast-growing county is home to many bedroom communities. Cherokee County has 266,620 residents in 421 square miles; Woodstock and Canton (the county seat) are the most populous cities.
Public Information & Records:
Cherokee County has a ban-the-box law.
CLAYTON COUNTY
This north central Georgia county is part of the Atlanta metro area and has a population of 297,595 in 141 square miles. Forest Park, Riverdale, and College Park are its most populous cities. Transportation is a major industry in Clayton County, home to the Hartsfield–Jackson Atlanta International Airport, one of the busiest airports in the world. The county is also the site of the home in Gone with the Wind.
Public Information & Records:
COBB COUNTY
Occupying 339 square miles 766,149 in the Atlanta metro area, Cobb County is one of 10 Georgia counties that were originally home to the Cherokee tribe. Roswell, county seat Marietta, and Smyrna are the biggest cities in this generally affluent and diverse county.
Public Information & Records:
DEKALB COUNTY
The fourth-most populated county in the Atlanta metro area, with 764,382 residents in 267 square miles, DeKalb County has one of the region’s most diverse populations. The north central Georgia county is home to Emory University; Brookhaven and Dunwoody are the largest cities.
Public Information & Records:
DOUGHERTY COUNTY
Once famous for cotton plantations fed by the Flint River, this southwest Georgia county became a center of the Civil Rights movement in the 1960s. Today, healthcare and education are major industries. Dougherty County has a population of 85,790 in 328 square miles; Albany is the biggest city, the only incorporated city, and the county seat.
Public Information & Records:
The city of Albany has a ban-the-box law.
FULTON COUNTY
Snuggled in the foothills of the Blue Ridge Mountains, Fulton County is home to 90 percent of the city of Atlanta—the county seat and state capital. After Atlanta, the next-biggest cities are Sandy Springs and Roswell. The only county in Georgia with more than 1 million people, Fulton County has 1.06 million residents in 526 square miles. A hub for transportation and logistics, Atlanta has thriving industries including finance, telecommunications, healthcare, media, and technology.
Public Information & Records:
Fulton County has a ban-the-box law, as does the city of Atlanta.
MACON-BIBB COUNTY
With a population of 157,346 in just 55 square miles, Macon-Bibb County is known as “The Heart of Georgia” due to its location near the center of the state. It’s a consolidated city-county; Macon is the county seat and the main city in the Macon metro area. Cotton was the foundation of the county’s early economy, and the area is still largely rural, although retail, service, and healthcare are growing industries.
Public Information & Records:
Macon-Bibb County has a ban-the-box law.
MUSCOGEE COUNTY
Located on the central western border of Georgia, Muscogee County borders Alabama and the Chattahoochee River. Its county seat and only city is Columbus (the third-largest city in Georgia), with which it is a consolidated city-county. Fort Benning, an Army base, is a major economic force in the county, which has 206,922 residents in 216 square miles.
Public Information & Records:
The city of Columbus has a ban-the-box law.
RICHMOND COUNTY
Bordering the Savannah River and the South Carolina state line, this east-central Georgia county is famous as the home of the Masters Tournament, held at the Augusta National Golf Club annually since 1934. Healthcare, manufacturing, and the military are also key industries in Richmond County, which boasts 206,607 residents in 324 square miles. Augusta, the county seat, is consolidated with the county.
Public Information & Records:
Both Augusta-Richmond County and the city of Augusta have a ban-the-box law.
Get A Georgia Background Check With Rapid Hire Solutions
Conducting background checks is essential for organizations to meet industry regulations, protect both customers and employees, and uphold their reputations. To ensure compliance with FCRA requirements and state as well as local background check laws, employers should consider partnering with an experienced third-party provider such as Rapid Hire Solutions.
Rapid Hire Solutions offers a comprehensive selection of over 100 background screening options, delivering reports swiftly, accurately, and with exceptional service. Our user-friendly online platform features built-in automated workflows, streamlining the process and saving valuable time while ensuring compliance. For further information on background checks with Rapid Hire Solutions, reach out to our sales team, establish an account, and begin the process 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