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Employers in Wisconsin have the option to conduct background checks, providing them with valuable information about a candidate’s background. This information encompasses their criminal record, educational background, previous employment history, and motor vehicle report. By utilizing background checks, employers can enhance their decision-making process when hiring, reduce potential risks, and foster safer work environments.
In Wisconsin, background checks are integral to the hiring process, highlighting the significance for employers to adhere to federal, state, and local hiring regulations. Compliance with these laws is crucial, particularly as hiring managers undertake internal background checks. This guide outlines the process of obtaining a background screening in Wisconsin, the methods employed in conducting screenings, the variety of available reports, and the advantages of collaborating with a third-party background check provider.
Conducting a Wisconsin background check involves searching various public records and databases to gather details about an individual’s background. Typically, these screenings include searches for criminal records, credit history, and driving records. Employers often utilize pre-employment background checks in Wisconsin as part of the hiring process to verify a candidate’s suitability and qualifications for a job or volunteer role.
Wisconsin Employment Background Check Laws
Presently, Wisconsin currently enforces one state-level ban-the-box regulation and two state-level fair hiring statutes, detailed below, which are applicable to all public sector employers. Furthermore, employers should be mindful of federal and state regulations, as well as local fair hiring ordinances. Wisconsin employers may opt to adhere to the most stringent background check laws in Wisconsin to mitigate potential legal risks.
BAN-THE-BOX
As per 2016 AB 373, Wisconsin public sector employers are prohibited from inquiring about a candidate’s criminal history on job applications. Instead, they must defer this inquiry until the interview stage.
WISCONSIN FAIR EMPLOYMENT LAW
Wisconsin employers, in conjunction with staffing agencies, labor unions, and licensing entities, are forbidden from engaging in discriminatory practices against candidates (and employees) based on criteria such as sex, color, ancestry, disability, marital status, religion, age, and other factors, including pregnancy, sexual orientation, and national origin.
WISCONSIN STATUTE 111.335
This statewide statute prohibits employers from discriminating against candidates based on their criminal history. Additionally, employers are prohibited from considering arrests lacking conviction information. Should an individual possess a criminal record, employers must conduct an individualized assessment of the information in the report concerning the job before reaching a final decision on the candidate’s suitability for the position.
WISCONSIN STATUTE § 995.55
The statewide Social Media Law prohibits employers from soliciting social media passwords from candidates. Moreover, employers are barred from requesting candidates to add them as contacts or access their social media accounts in the employer’s presence.
WISCONSIN STATUTE § 50.065
Under this statewide statute, employers employing caregivers are mandated to perform caregiver background checks during the recruitment process. These background checks for caregivers are also required every four years subsequent to an individual’s hiring.
FAIR CREDIT REPORTING ACT (FCRA)
Employers utilizing a Consumer Reporting Agency (CRA) to conduct background checks are obligated to adhere to the procedures outlined in the federal FCRA. Initially, employers must furnish candidates with a written notice of their intent to conduct a background check. Subsequently, they must obtain written consent from the candidate to proceed with the background check. Finally, employers must adhere to the adverse action process if they opt not to hire the candidate based on information contained in the report.
What Shows Up On A Wisconsin Background Check?
The information revealed in a Wisconsin background check varies depending on the types of screenings conducted by the employer and whether they conduct the search independently or through a background check provider. Typically, a pre-employment background check in Wisconsin encompasses various screenings, providing insights ranging from criminal history to driving records.
Let’s delve into the specifics of what commonly appears on the most prevalent types of background checks and their respective reports:
- Criminal Background Check: This type of check delves into a candidate’s criminal records, encompassing both felony and misdemeanor convictions.
- Driving Record Check: This examination unveils a candidate’s motor vehicle record, which includes details such as driver license information and a 5-year Wisconsin driving record, chronicling accidents and traffic violations. More severe incidents like DUI convictions might permanently remain on the Wisconsin driving record.
- Education Verification: This verification process confirms a candidate’s academic background, covering schools attended, dates of attendance, degrees obtained, and graduation dates. It’s typically utilized for positions requiring specific educational qualifications.
- Employment Verification: This validation procedure confirms previous employers, past job titles, and employment dates.
- Credit Checks: This examination reveals an individual’s credit report, detailing collections, payment history, and bankruptcies. It’s often employed for roles involving financial responsibilities where permitted by law.
- Drug Testing: This screening tests a candidate for the presence of controlled substances, encompassing both illegal drugs and prescription medications. It’s commonly used for roles involving public safety, like law enforcement, or when mandated by law, such as in commercial trucking.
WISCONSIN CRIMINAL BACKGROUND CHECKS FOR EMPLOYMENT
Wisconsin criminal records are maintained by the Wisconsin Department of Justice Crime Information Bureau (CIB). Employers conducting a Wisconsin DOJ background check can access records held in the centralized criminal history (CCH) database.
These checks search records in the CCH database sourced from various agencies, including law enforcement, prosecutors, courts, and the Wisconsin Department of Corrections (DOC). Detailed information about a candidate’s criminal history, such as arrests, charges, prosecutions, court findings, sentences, and state correctional system admissions and releases, can be accessed.
In Wisconsin, many criminal record searches are name-based, often providing comprehensive results with quicker turnaround times. However, the CIB also manages a fingerprint-based centralized criminal history repository, which may be used to verify whether a criminal record belongs to an individual, particularly for background checks conducted by state agencies and regulated industries.
How Long Does A Background Check Take In Wisconsin?
The time it takes for a Wisconsin background check to be completed can vary based on factors such as the extent of the search, the types of records requested, and who is conducting the search. Certain screenings, like national background checks, tap into digitized records, leading to reports being generated within minutes. Conversely, other checks, like education verification, may require several days or longer. Employers opting to conduct their own searches may experience a lengthier process compared to those partnering with a Consumer Reporting Agency (CRA).
When conducting background checks internally, employers typically need to take a hands-on approach, involving requests for candidate information from various public record sources like the CCH, which includes court records and motor vehicle records. Accessing non-public records, such as reference checks and employment verification, often necessitates additional efforts like contacting past employers via phone.
By collaborating with a CRA like Rapid Hire Solutions, employers can streamline the background check process. With access to a variety of public records, Wisconsin criminal record databases, and courthouses nationwide, Rapid Hire Solutions can deliver faster and more precise results. Moreover, Rapid Hire Solutions offers a wide range of screenings, simplifying the process for hiring managers to conduct multiple checks simultaneously.
Employers in Washington state utilize background checks as a screening tool to facilitate informed hiring decisions before bringing on candidates or volunteers. This process typically entails examining various public records to corroborate candidate-provided information and gather supplementary details as necessary.
Washington employers have the option to conduct several types of background checks during pre-employment screenings, aiming to glean essential insights about a candidate’s background. The specific screenings may vary depending on the position but could encompass assessments of a candidate’s criminal history, driving records, or validation of employment or education credentials. Additionally, Washington employers may employ background checks for ongoing or periodic employee screenings.
How Far Back Do Background Checks Go In Wisconsin?
The timeframe within which an employer can conduct a Wisconsin employment background check varies depending on several factors, including the entity performing the search, the background check’s scope, and the type of screening involved. Additionally, federal, state, or local regulations can influence the extent to which an employer can delve into a candidate’s history.
When employers collaborate with a Consumer Reporting Agency (CRA) like Rapid Hire Solutions, they are obligated to adhere to the federal regulations stipulated in the Fair Credit Reporting Act (FCRA). According to this legislation, during employment background checks, the reporting of non-conviction information is restricted to a seven-year retrospective period. This encompasses civil judgments, tax liens, and the majority of credit report data, with the exception of bankruptcies, which may be reported for up to 10 years, and criminal convictions, which may be reported indefinitely.
The FCRA incorporates exemptions concerning the reporting of non-conviction information, such as in cases where a candidate’s anticipated salary exceeds $75,000. Notably, the FCRA does not govern searches conducted directly by employers themselves.
Employers in Washington State utilize background checks as a screening tool to make informed hiring decisions before bringing on candidates or volunteers. Typically, this process involves examining various public records to authenticate information provided by a candidate and gathering additional details as required.
During pre-employment screenings, Washington employers have the option to conduct several types of background checks, aiming to gain valuable insights into a candidate’s background. These screenings may vary depending on the nature of the role but could encompass evaluations of a candidate’s criminal history, driving records, or verification of employment or educational credentials. Furthermore, Washington employers may also utilize Washington background checks for ongoing or periodic employee screenings.
How To Get A Background Check In Wisconsin
Employers have the option to conduct a Wisconsin background check for employment either directly or by collaborating with a reputable Consumer Reporting Agency (CRA). Through the Wisconsin Online Record Check System (WORCS), employers can request a criminal history check, although not all records are available for online request. Each report incurs a fee, with additional charges for certified copies. In-house background checks can burden human resources teams with manual data entry and review tasks, along with ensuring compliance with relevant laws.
Many employers opt to partner with a trusted background check provider, such as Rapid Hire Solutions, to streamline the process and expedite turnaround times. With Rapid Hire Solutions, employers can perform Wisconsin background checks online, leveraging intuitive workflows and compliance-supportive tools.
Employers in Washington State often utilize background checks as a screening tool to make informed hiring decisions before bringing on candidates or volunteers. This process typically entails scrutinizing information from various public records to authenticate details provided by a candidate and gather any additional necessary information.
During pre-employment screenings, Washington employers may opt to conduct several types of background checks, which can offer valuable insights into a candidate’s background. These screenings may vary depending on the specific role but could encompass evaluations of a candidate’s criminal history, driving records, or verification of employment or educational credentials. Additionally, Washington employers may also utilize Washington background checks for ongoing or periodic employee screenings.
How Much Does An Wisconsin Background Check Cost?
The expense of a Wisconsin employment background check generally hinges on various factors, including the entity conducting the search, the types of records required, and the frequency of screenings. When employers opt to conduct background checks directly, they are responsible for covering the cost of each record individually. For instance, obtaining a certified Wisconsin motor vehicle report incurs a fee of $10, while a criminal history check starts at $7 per report.
These costs can accumulate swiftly, especially considering additional fees that may be levied by the Department of Justice or for employers seeking certified copies of records. Partnering with a Consumer Reporting Agency (CRA) often proves to be a more economical option for employers. Through Rapid Hire Solutions, now a Checkr company, employers can access customizable and comprehensive background check packages starting at $29.99.
County Resources
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Use the resources below to learn about ban-the-box laws and public records in some of Wisconsin’s largest counties:
DANE COUNTY
Dane County, with a population exceeding 561,500 residents, ranks as the second-most populous county in Wisconsin. Madison, serving as both the county seat and the state capital, lies within its borders. Situated in southern Wisconsin, Dane County is encompassed by the Madison, Wisconsin, and Madison-Janesville-Beloit areas.
Public Information & Records
Local ban-the-box laws apply to positions within the county government in Dane County and city government employees and contractors in Madison.
MILWAUKEE COUNTY
Milwaukee County, situated in southeastern Wisconsin, boasts a population of nearly 950,000 residents, making it the state’s most populous county. The city of Milwaukee serves as both the county seat and Wisconsin’s most populous city. Milwaukee County is a part of the Milwaukee-Waukesha-West Allis and Milwaukee-Racine-Waukesha areas.
Public Information & Records
- Milwaukee County Website
- Milwaukee County Public Records
- Milwaukee County Arrest, Court, and Public Records
Local ban-the-box laws apply to positions within the city government of Milwaukee and the county government in Milwaukee County.
Get A Wisconsin Background Check
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Employers in Wisconsin have the option to collaborate with reputable Consumer Reporting Agencies (CRAs), such as Rapid Hire Solutions, to facilitate a smoother background check procedure. By doing so, they assist hiring managers in navigating intricate federal, state, and local compliance guidelines effectively. Rapid Hire Solutions presents a comprehensive array of over 100 screening choices coupled with a user-friendly online platform featuring automated workflows. This setup ensures expedited turnaround times and heightened accuracy in reporting. Take the first step towards conducting a Wisconsin background check by engaging with Rapid Hire Solutions.