Background Check in Georgia: Public Records & Laws

Ever wondered about the person sitting next to you in a meeting or a new neighbor moving in next door? Background checks are the tools that shed light on these curiosities. In Georgia, these checks are more than just tools; they’re essential processes employers, landlords, and even individuals use to ensure safety and trustworthiness.

This article delves into the intricacies of Georgia’s background check system, highlighting its significance and the laws governing it. Whether you’re an employer vetting a potential hire, a landlord screening tenants, or someone simply keen on understanding the process, this guide has got you covered.

Best Background Check Georgia

Below are some of the best background check services tailored specifically to the needs of Georgia residents.

Paid

• TruthFinder – Best for Comprehensive Background Checks
• InstantCheckMate – Best for Quick Identity Verifications
• Intelius – Best for Diverse Data Searches

Free

• Public Record Center Georgia – Best for Localized Georgia Records
• Georgia State Records – Best for Statewide Official Archives

Georgia Background Check Laws 

Georgia’s comprehensive background check laws ensure that employers and potential employees are treated fairly. These laws balance the rights of individuals seeking employment and employers’ safety and security concerns. 

The state has established a framework that respects individual privacy while allowing employers to make informed decisions. Below are the critical aspects of Georgia’s background check laws:

Provisions Under Georgia Code 35-3-34 (3) (b)

Georgia Code 35-3-34 (3) (b) outlines the obligations of employers when they contemplate denying employment based on insights from a criminal background verification sourced from the Georgia Crime Information Center (GCIC). 

If an employer leans towards such a decision, they must adhere to a specific protocol. This involves notifying the applicant about the record’s origin, elucidating the information that was unveiled, and clarifying how this information influenced their hiring verdict. A detailed exploration of these protocols can be found in the Georgia Code 35-3-34.

Adherence to the Fair Credit Reporting Act (FCRA)

Employers in Georgia collaborating with a Consumer Reporting Agency (CRA) for background verifications must strictly adhere to the federal FCRA guidelines. 

The FCRA, overseen by the Federal Trade Commission, provides a robust framework governing the collection and utilization of information during employment background checks. It places stringent restrictions on the methods CRAs employ to collect and report data and the manner in which employers leverage this data during their hiring processes. A comprehensive understanding of this act can be accessed at the Fair Credit Reporting Act.

Insights From Georgia Code 42-8-3

Often known as the First Offender Act, this legal provision allows for the dissemination of records related to first-time offenders who have been cleared regarding job-related evaluations. Nonetheless, particular situations exist where these records might result in exclusion from employment opportunities.

For instance, if an individual was prosecuted for a grave sexual offense and sought a position in an educational institution or long-term care facility, their past might be a hindrance. The complete legislation, including its nuances, is available at Georgia Code 42-8-3.

The “Ban the Box” Initiative

The “Ban the Box” initiative in Georgia is a progressive move aimed at promoting equitable employment practices. This statewide directive is binding on all public-sector employers. As per this directive, employers are restricted from probing into an applicant’s criminal past during the initial stages of the hiring process. This ensures that past transgressions aren’t immediate roadblocks to potential employment opportunities. 

However, there are certain roles, especially those of a sensitive nature, where an individual’s criminal history records might be pertinent. In such scenarios, employers are obligated to allow candidates an opportunity to clarify their records, rectify any discrepancies, and offer evidence of their rehabilitation journey. A comprehensive overview of this initiative can be accessed at the Georgia Executive Order 2-23-15.

Directives Under Georgia Code 31-7-14

The Georgia Long-term Care Background Verification Program mandates specific individuals to undergo a thorough criminal background check, which includes fingerprint verification. 

This action is carried out jointly by the Georgia Bureau of Investigation (GBI) and the Federal Bureau of Investigation (FBI). The directive mainly targets those individuals who interact closely with patients or possess access to their fiscal records. A deeper dive into this directive can be found in Georgia Code 31-7-14.

Title VII and Its Implications

Title VII, originating from the landmark Civil Rights Act of 1964, is recognized as a pivotal federal statute that actively addresses and combats employment-based discrimination in the United States.

The Equal Employment Opportunity Commission (EEOC), the authoritative agency designated to ensure the proper execution and adherence to this law, has meticulously crafted and disseminated specific directives for businesses and organizations. These directives are particularly pertinent when these entities access and review criminal record details during their comprehensive employee vetting and screening processes.

In light of these guidelines, it’s imperative for employers to not only obtain such information but also to engage in a rigorous and detailed examination of the data. This involves weighing its significance and relevance to the job role. 

Only after such an exhaustive review should employers contemplate and finalize any decisions that might be perceived as unfavorable or detrimental to the prospective employee’s hiring prospects. A detailed understanding of these guidelines can be accessed at EEOC Guidance on Arrest and Conviction.

County Resources

This section delves deep into the intricacies of some of Georgia’s prominent counties, shedding light on their resources, historical significance, and economic backbones.

Clayton County

Clayton County, nestled within the vast Atlanta metropolitan landscape, boasts a population nearing 300,000 and is a hub of cultural significance. It’s notably linked to the legendary movie, “Gone with the Wind.” Beyond this, Clayton has gained a prized place in the hearts of the film industry by acting as a scenic canvas for various film and television productions. 

In addition, the county is home to the major international airport of Atlanta, Hartsfield-Jackson. Key industries driving Clayton’s economy include education, travel, and logistics. The Clayton County Website offers a lot of information for those keen on exploring more.

Dougherty County

Historically renowned for its sprawling cotton plantations, Dougherty County has become a hub for healthcare and education. With a modest population nearing 86,000, Albany, its vibrant city, serves as the county seat. 

The Dougherty County Website is a treasure trove of information for those keen on exploring the county’s resources. Progressive steps like adopting the Ban the Box law in Albany highlight the county’s commitment to fair employment.

Cobb County

Cobb County is a beacon of corporate success and natural beauty, situated strategically within the Atlanta metropolitan area. With a population surpassing 766,000, it’s a thriving hub for businesses and nature enthusiasts. The serene Chattahoochee River Recreation Area borders its picturesque county seat, Marietta.

Cobb is home to several corporate behemoths, including The Home Depot and The Weather Channel, making it an economic powerhouse in the region. The Cobb County Website is an invaluable resource for individuals seeking detailed insights or public records.

DeKalb County

DeKalb County, with its suburban charm, houses over 764,000 individuals. Interestingly, a segment of Atlanta, the bustling state capital, lies within this county. 

Tourists flock to DeKalb for its myriad attractions, including the majestic Stone Mountain Park. The county is also an educational hub, boasting institutions like Emory University. For a comprehensive understanding of DeKalb’s offerings, the DeKalb County Website is a must-visit.

Chatham County

Nestled on Georgia’s coast, Chatham County is a melting pot of history and contemporary attractions. Home to over 295,000 residents, the county prominently features the age-old city of Savannah, which stands as its most populous city and administrative center. 

Savannah’s charming cobblestone pathways and pre-Civil War structures echo Georgia’s deep-rooted heritage. Yet, the county’s identity extends beyond just its historical tapestry. Chatham is also a hub for manufacturing and port activities, particularly at the Port of Savannah. 

Moreover, the county benefits economically from Fort Stewart and the Hunter Army Airfield. For those seeking public records or more insights, the Chatham County Website is a valuable resource. Savannah has taken progressive steps by implementing the Ban the Box law for its city employers.

Cherokee County

Being a part of the bustling Atlanta metropolitan area, Cherokee County stands out with its unique blend of urban and rural landscapes. With a population nearing 266,000, its county seat, Canton, is surrounded by the scenic beauty of the Northwest Georgia Mountains. 

Beyond its natural allure, Cherokee is a hub for cultural activities, boasting historic cities, recreational spots, and a thriving arts scene. The county’s economy is diversified, with advanced manufacturing, film production, and commercial development leading. 

The Cherokee County Website is a treasure trove of information for a deeper dive into the county’s offerings. It’s worth noting that the Ban the Box law is in place for public sector employers in Cherokee, ensuring fair employment practices.

Fulton County

Holding the title of Georgia’s most densely populated region, Fulton epitomizes the state’s dynamic essence. Home to over a million souls, it blends diverse cultures, thriving commerce, and rich historical narratives. Atlanta, Georgia’s bustling capital and the administrative heart of Fulton, is a metropolis that pulsates with life around the clock. Fulton is the nucleus of Georgia’s multifaceted expansion, spanning art, athletics, and enterprise.

The Fulton County Website deeply delves into the county’s resources and offerings. Notably, the Ban the Box law has been adopted across Atlanta, South Fulton, and Fulton County, reflecting the region’s commitment to equitable employment practices.

Muscogee County

Muscogee County, bordering Alabama, is a historical gem with over 206,000 residents. Columbus, its county seat, stands as Georgia’s third-largest city. 

Fort Benning, a prominent Army base, significantly influences the county’s economy. For a comprehensive understanding of Muscogee’s history and resources, the Muscogee County Website is a must-visit.

Richmond County

Richmond County, adjacent to the serene Savannah River, is globally recognized for hosting the Masters Tournament at the Augusta National Golf Club. 

With over 206,000 residents, the county is a blend of sports, history, and business. For those keen on delving deep into Richmond’s offerings, the Richmond County Website is a goldmine of information.

Macon-Bibb County

Macon-Bibb County, frequently dubbed “Georgia’s Core” because of its pivotal position, mirrors the state’s illustrious past and bright prospects. Housing more than 157,000 inhabitants offers a harmonious mix of metropolitan allure and pastoral tranquility.

Historically anchored in the cotton industry, the county’s economic landscape is transforming. Modern retail and healthcare sectors are now emerging as dominant forces. The Macon-Bibb County Website offers a detailed overview of the county’s offerings and resources.

How Far Back Does a Background Check Go in Georgia

In Georgia, the scope and detail of a background check can differ depending on the nature of the record being examined and the reason for the investigation. Although there’s no set time limit for reviewing criminal histories, other types of checks, particularly those concerning financial or job-related matters, may have specific boundaries.

What Shows Up on a Background Check in Georgia

Court Records

Court records serve as a vital source of information about an individual’s past legal involvements. In Georgia, employers often delve into civil court records that span the previous seven years to gain insights into any legal disputes or issues an applicant might have had. 

However, for roles that come with a higher financial responsibility or salary, typically exceeding $75,000, the search can be broadened to encompass a decade. These records can shed light on various aspects, from civil lawsuits and property disputes to divorces and custody battles.

Criminal Records

Georgia’s approach to criminal records in background checks is comprehensive. Employers have the liberty to investigate an applicant’s Georgia criminal history records without any time-based restrictions. This means that any past convictions, no matter how old, can be reported and considered.

However, it’s crucial to note that while convictions are fair game, arrests that didn’t culminate in convictions might be subject to reporting restrictions, especially when a Consumer Reporting Agency (CRA) is involved in the background check process.

Non-Criminal Records

Non-criminal records encompass a broad range of data that isn’t directly related to criminal activities but can be pivotal in making informed decisions. This category includes records like employment history, financial dealings, driving records, and academic achievements. 

In general, employers might scrutinize the last 7-10 years of an applicant’s employment trajectory to ascertain their professional growth and stability. Financial checks, particularly credit reports, are usually restricted to the past seven years, ensuring that older financial mishaps don’t unduly penalize an individual.

Vital Records

Vital records are official documents that chronicle significant life events. In the context of Georgia, these records comprise birth and death certificates, marriage licenses, and documentation of divorces. While these might not be standard fare for most employment background checks, they are indispensable for tasks that require identity verification or validation of personal details, such as immigration or adoption processes.

How Long Does a Background Check Take in Georgia

Here’s a breakdown of the time frames for some of the most common background checks and their potential uses:

MVR Checks

Typically, Motor Vehicle Record (MVR) checks can be completed within a few hours to a couple of days, depending on the request method and the volume of requests the agency is handling.

MVR checks are essential for positions involving driving, such as delivery drivers, truck drivers, or any role that requires operating a company vehicle.

These evaluations assist employers in confirming that the applicant maintains a clear driving history, exhibits road responsibility, and won’t pose a risk to the organization. Additionally, they serve to authenticate the legitimacy of an individual’s driving license.

Employment Background Check

An employment background check can take anywhere from 48 hours to a week. The duration can be extended if there’s a need to verify information from institutions or employers outside of Georgia.

This type of check is crucial for almost all job positions. It verifies the candidate’s employment history, ensuring their resume or application information is accurate. It can also include checks on education, certifications, and references. By conducting this check, employers can gauge the candidate’s reliability, integrity, and suitability for the role.

Criminal Background Check

In Georgia, a standard criminal background assessment can typically be finalized in a span of 3 to 5 working days. Nonetheless, the process could extend to approximately two weeks if there is a need for a more comprehensive examination, especially one that encompasses records from various regions or delves into intricate court documentation.

Criminal background checks are vital for positions requiring high levels of trust and responsibility, such as roles in finance, education, healthcare, or any position involving vulnerable populations. This verification confirms that the applicant lacks a criminal past that could deem them inappropriate for the position. It aids businesses in fostering a secure workplace and making well-informed recruitment choices.

Credit History Checks

Credit checks typically take between 24 to 72 hours. Credit history checks are often used for positions involving financial responsibilities, such as banking, accounting, or finance departments. They provide insights into an individual’s financial responsibility and can be an indicator of trustworthiness, especially in roles where financial integrity is paramount.

Professional License Verifications

The verification process might span anywhere from several days to multiple weeks, contingent upon the licensing authority and the nature of the license under scrutiny.

For professions demanding distinct professional credentials, like physicians, attorneys, or property brokers, it’s imperative to confirm these licenses’ authenticity and current standing. This validation guarantees that the individual is lawfully qualified to undertake the responsibilities tied to their profession within Georgia.

Drug Screening

Results from drug tests can typically be obtained within 24 to 72 hours after the lab receives the sample.

Drug screenings are essential for roles that require high levels of alertness and concentration, such as drivers, machine operators, or healthcare professionals. They ensure the potential employee does not use illegal substances, ensuring a safe working environment.

Civil Court Checks

Civil court checks in Georgia typically span a period of 7 years, but for positions with a salary of $75,000 or more, this can be extended to 10 years.

Civil court checks are beneficial for roles that require a high level of financial responsibility or trust. They can reveal if a candidate has been involved in civil litigation, which might be relevant to their suitability for a position.

Education Verification

Depending on the school and the integrity of the information provided by the candidate, education verifications can take a few days to a few weeks.

Education verification is crucial for roles that require specific educational qualifications. By verifying a candidate’s educational background, employers can ensure they have the necessary knowledge and skills for the job.

Sex Offender Registry Check

In Georgia, the process for a Sex Offender Registry Check is usually expedited, often concluding within a short span ranging from minutes to several hours. This assessment is indispensable for roles requiring engagement with sensitive groups like children, senior citizens, or those with special needs. 

Educational institutions, childcare centers, and senior living homes often prioritize this check in their hiring process. It acts as a safeguard, confirming that the prospective employee hasn’t been found guilty of any sexual misconduct, thus enhancing the security measures for these at-risk segments of the population.

Social Media Screening

The time taken for social media screening can fluctuate, often spanning from several hours to multiple days, contingent on the thoroughness of the investigation and the assortment of platforms scrutinized.

More and more employers are leaning towards this assessment form to delve deeper into an applicant’s digital footprint, understanding their online demeanor, values, and individual perspectives. It can be particularly useful for roles requiring a strong public or customer-facing presence, ensuring potential hires maintain a professional and positive online presence.

>>> Read more about all types of background checks

Where to Get a Background Check in Georgia

In Georgia, there are several avenues to obtain a background check tailored to the specific type of scanning desired:

1. Online Platforms: Various online platforms offer comprehensive background checks for Georgia residents, providing a convenient solution for those seeking quick and detailed reports.
2. State Departments: The Department of Family and Children Services (DFCS) in Georgia provides guidelines on obtaining a criminal records check, ensuring that individuals receive accurate and state-sanctioned information.
3. Guided Assistance: Some platforms offer a step-by-step guide on Georgia background checks, detailing the process and requirements for the current year.
4. County Sheriff’s Office: Local county sheriff’s offices, such as the Richmond County Sheriff’s Office, offer criminal background checks, ensuring residents receive localized and specific data.
5. State Instructions: The State of Georgia provides specific instructions for applicants seeking fingerprint background checks within the state, ensuring a standardized and official process.

How Much Does a Background Check Cost in Georgia

The price of a background check varies in Georgia depending on the kind and extent of the investigation:

• Fingerprint-Based Criminal History Report. The cost for each report, if received from the Georgia Bureau of Investigation (GBI), is $27.75. The additional fees related to fingerprinting are not included.
• Instant Statewide Criminal Background Check. This type of check focuses solely on Georgia and is priced at $24.95.
• Instant National Criminal History Record. For a broader scope that covers records across the nation, the cost is $59.95.
• County-Specific Criminal Background Checks in Georgia. If you’re interested in checking records from a specific county within Georgia, the cost is $24.95 for each county.
• Comprehensive Background Checks. The price can vary based on the depth of the search. On average, employers in Georgia spend around $75 for a detailed background check, which may encompass state, national, and other specific checks.

It’s essential to note that the final cost can fluctuate based on the specific requirements and the search depth. For instance, a basic state criminal record check is more affordable, but if you opt for nationwide arrest records or have other specialized needs, the price can increase accordingly.

How to Get a Background Check in Georgia

Depending on the type of background check you require, obtaining one in Georgia entails several processes. Here is an overview:

1. Identify the Purpose

First, pinpoint the exact reason you’re seeking a background check. Different purposes, such as employment verification or personal review, might have varying procedures.

2. Determine the Scope of the Inquiry

Evaluate the extent of the background check you require. Whether you are interested in a comprehensive state-wide assessment, a localized county-specific inquiry, or an expansive national overview, each option has distinct methodologies and associated fees.

3. Compile Essential Personal Identifiers

Assemble all pertinent identification details, such as your complete legal name, date of birth, and Social Security number. Ensuring the accuracy of this foundational information is paramount to receiving precise background check results.

4. Engage With the Appropriate Georgia Authority

The primary authority overseeing broad state-wide background checks in Georgia is the Georgia Bureau of Investigation (GBI). Yet, for inquiries centered on particular regions or specific criminal records, engaging with local law enforcement agencies, such as Sheriff’s Departments or Police Stations, is advisable. It’s beneficial to acquaint oneself with the distinct protocols of each institution to ensure an efficient procedure.

5. Pay the Fees

There’s a monetary component tied to these checks. Depending on where you’re sourcing the check from and its depth, fees can vary.

6. Online Services (Alternative to GBI)

Online background check platforms are an alternative to traditional methods. If you opt for this, ensure the service is credible and recognized. They often promise expedited results for a set fee.

7. County-Specific Checks

For country-specific information:

• Approach the relevant county office or courthouse.
• Request the records you’re interested in.
• Fulfill any financial obligations tied to the request.

8. Obtain Specialized Checks 

Certain checks, like driving records, necessitate contacting specialized departments. In Georgia, driving records are managed by the Department of Driver Services.

9. Wait for the Results

The time frame for results can fluctuate. While some checks are instantaneous, others, especially those requiring additional verification, might take longer.

10. Review the Report

Upon receiving the background check, meticulously review its contents. If you find discrepancies and are the subject, there’s usually a process to challenge and rectify them.

11. Understand Legal Obligations

If you’re using the background check for official purposes, like hiring, be well-versed with laws such as the Fair Credit Reporting Act (FCRA). It’s paramount to remain compliant with all governing regulations.

12. Store or Dispose of the Report Safely

If retaining the report, ensure it’s securely stored. If you’re discarding it, do so in a manner that safeguards the individual’s confidential data.

Remember: while obtaining background checks, it’s essential always to respect privacy norms and adhere to all relevant regulations.

Background Check Georgia  FAQ

How Far Back Does First Advantage Background Check Go Georgia? 

The FCRA mandates a seven-year lookback period, which means adverse information older than seven years cannot be reported in most cases. This ensures that older, potentially irrelevant data doesn’t unduly influence employment decisions. 

First Advantage, as a reputable background check provider, adheres to these regulations and ensures that its Georgia employment screenings comply with the FCRA’s stipulations. Employers and individuals must be aware of this limitation to ensure fair hiring practices and understand the scope of the information presented in a background report.

Where Can I Get a Background Check for Myself in Georgia? 

Individuals interested in obtaining a personal background check have various options. The Georgia Bureau of Investigation (GBI) conducts thorough checks across the state. On a more localized level, entities like Sheriff’s Departments and local Police Stations can supply specific criminal history details, including accessing a Georgia criminal history record when relevant.

Numerous esteemed organizations provide background verification services for those seeking specialized or external services. Reviewing the companies mentioned in this article for a more in-depth understanding and comparison of available services might be beneficial. 

How to Obtain a Level 2 Background Check in Georgia? 

A Level 2 Background Check in Georgia is a comprehensive criminal history check that includes state and national fingerprint-based checks and checks against other criminal history sources. To obtain a Level 2 Background Check in Georgia, follow these steps:

1. Determine Eligibility: Confirm that you or your employer possess the legal permissions to initiate a Level 2 Background Check. Such checks are often mandated for roles interacting with sensitive groups, like minors or the elderly.
2. Gather Necessary Information: Ensure you have all the required personal information, such as your complete name, birth date, Social Security number, and any other pertinent ID specifics.
3. Book an Appointment at a Recognized Fingerprinting Center: Coordinate a time slot with a recognized service that offers fingerprinting. They will electronically record your fingerprints.
4. Submit the Request: Your fingerprints will be forwarded by the service provider to both the Georgia Crime Information Center (GCIC) and the FBI for a thorough examination.
5. Pay the Required Fee: There’s a fee linked to the Level 2 Background Check. The precise fee might fluctuate depending on the chosen agency or provider.
6. Review the Results: After the examination, the results will be dispatched to a specified party, which might be either you or the employer considering your application. It’s crucial to scrutinize the results and comprehend their implications on your job prospects or professional licensing.

Related

• Texas Background Check
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Recapping on Background Check Georgia

Understanding the intricacies of background checks in Georgia is crucial, whether you’re an employer, a landlord, or someone seeking information. We’ve delved into the specifics of Georgia’s laws, the depth of county resources, and even the duration and costs associated with these checks.

Moreover, we’ve spotlighted the best platforms tailored for various needs, from comprehensive checks with TruthFinder to quick verifications via InstantCheckMate. As you move forward, remember these checks’ importance and the laws governing them. Being well-informed ensures compliance and guarantees that you’re accessing the most accurate and relevant information available.