Background Check in Oklahoma: Public Records & Laws

Are you considering running a background check in Oklahoma? Whether it’s for hiring, leasing your property, or any other purpose, knowing about someone’s history can bring peace of mind.

In this article, we’ll guide you through the process of conducting a background check in Oklahoma. We’ll explain what information is typically included in a background check and outline the specific rules and regulations you must adhere to in this state. Rest assured, we’ve got all the details covered for you.

Oklahoma Background Check Laws 

When it comes to running background checks in Oklahoma, it’s crucial to understand the regulations to avoid legal issues. Both state and federal laws dictate how these checks should be conducted to ensure fairness and privacy protection. Let’s break down these rules so you can handle background checks properly.

• Fair Credit Reporting Act (FCRA): The FCRA, overseen by the Federal Trade Commission, safeguards individuals’ privacy by regulating how consumer reporting agencies use gathered information. Before conducting a background check on a potential employee, you must inform them and obtain their written consent. If the check reveals concerning information, there’s a specific process you must follow before making a final hiring decision.
• Title VII of the Civil Rights Act of 1964: This law, monitored by the U.S. Equal Employment Opportunity Commission, combats job discrimination. If a background check reveals a criminal history, you can’t immediately reject the applicant based solely on that information. Instead, you must assess whether the past offense relates to the job in question.
• Paying for Tests: If you require a pre-employment drug or medical test, Oklahoma law mandates that you cover the expenses. Additionally, if an applicant requests a retest after failing a drug test, they are responsible for the associated costs. 
• Social Media Privacy: It’s prohibited to request an applicant’s social media usernames or passwords for social media screening purposes. Applicants cannot be coerced into logging into their accounts during interviews or allowing access to private content. However, investigating an employee’s use of work devices may be permissible under certain circumstances.
• Expunged or Sealed Records: Inquiring about expunged or sealed records is prohibited. Individuals are not obligated to disclose these records, and you cannot reject employment based solely on their decision to keep this information private.
• Special Notices: Before initiating a background check, you must provide applicants with a special notice. This notice should inform them of their right to request a copy of the background check report, which must be provided free of charge upon request.
• Ban-the-Box: Oklahoma has adopted the “ban-the-box” policy for public sector jobs. This means that inquiries about criminal history cannot be included in initial job applications for government positions. However, such inquiries may be made during the later stages of the hiring process.

How Far Back Does A Background Check Go In Oklahoma

In Oklahoma, the depth of background checks varies, especially when considering the salary of the position being applied for. For jobs that pay under $75,000 annually, the Fair Credit Reporting Act (FCRA) limits the disclosure of certain types of information to a seven-year lookback period.

This limitation covers aspects like arrests not leading to conviction, civil judgments, and bankruptcies, among others. However, there are no such restrictions for positions that exceed this pay threshold, and criminal convictions can be reported regardless of sex offender their age, provided they haven’t been expunged or sealed.

What Shows Up On An Oklahoma Background Check

When conducting a background check in Oklahoma, various types of personal and public records are reviewed to assess a candidate’s background. Below are an example of some key elements that typically appear in such checks:

Criminal History Information

Criminal history information is a staple of background checks in Oklahoma. This can include records from other states or the Oklahoma State Bureau of Investigation (OSBI), detailing past arrests, convictions, and other legal interactions. Employers often use the criminal history information request form provided by the OSBI to gather this data.

Credit and Civil Records

For non-high-paying jobs, information such as civil judgments, liens, and bankruptcies will appear if they occurred within the last seven years. This helps employers assess the financial reliability of potential hires.

Employment and Education Verification

Background checks often verify the accuracy of an applicant’s employment record and educational claims. These verifications ensure that the information provided is truthful and accurate, with no time restrictions on how far back this data can be checked.

Driving Records

Driving histories show any traffic violations, accidents, or suspensions, crucial for roles that require driving, especially around urban areas like Oklahoma City. These records help employers assess the reliability and safety of potential employees who will operate company vehicles.

Education

Verification of education history against government records ensures that the qualifications listed by the applicant are accurate and authentic, checking degrees and certifications against school and government records themselves. This step is vital to prevent any fraudulent claims that could affect job performance.

Sex Offender Registry

This check is mandatory for positions that involve working with vulnerable populations, revealing whether an individual is listed on state or national sex offender registries. Employers use this information to safeguard their clients and meet regulatory compliance standards.

What Will Disqualify You From an Oklahoma Background Check?

Certain findings in a background check can raise red flags and potentially disqualify a candidate from further consideration for a position. Below are some common disqualifiers:

1. Severe Criminal History
   A significant serious criminal record or history, especially one involving felonies or crimes directly relevant to the job duties, can disqualify a candidate. Employers assess how the specific details of one’s criminal past may impact their current job responsibilities.
2. Dishonesty in Application
   False information about past employment or educational qualifications can lead to disqualification. The integrity of the information provided is crucial, as it reflects on the candidate’s honesty and trustworthiness.
3. Driving Records
   For positions requiring driving, such as those in and around Oklahoma City, a poor driving record can be a disqualifying factor. This includes multiple traffic violations or serious infractions like DUIs.
4. Failed Drug Tests
   Failing a drug test can also lead to disqualification, particularly in roles that demand high safety standards or in industries regulated for drug use.
   Oklahoma background checks are comprehensive and aim to provide employers with a detailed view of a candidate’s history, ensuring suitability and compliance with legal standards.

How Long Does A Background Check Take In Oklahoma

The duration of a background check in Oklahoma varies based on the type of check being conducted and the organization processing the request. Here’s an overview of how long common types of background checks take and their applications:

• Criminal Background Checks: Typically processed through the Oklahoma State Bureau of Investigation (OSBI), criminal background checks can take anywhere from a few days to a couple of weeks. These checks are crucial for employers in industries where trust and security are paramount, such as in schools, healthcare facilities, and financial institutions.
• Employment Background Checks: Conducted by private companies or through the OSBI, employment background checks generally take one to two weeks. They are comprehensive, often including criminal records, past employment verification, and educational verification, making them useful for various hiring processes.
• Credit Background Checks: Credit checks are usually completed within a few days and are often conducted for positions that involve financial responsibilities. These checks help employers understand an applicant’s financial stability and integrity.
• Fingerprint-Based Background Checks: Fingerprint-based checks are considered more accurate and can take longer, typically around two to three weeks. They are commonly used for highly sensitive positions in government and law enforcement.

Where To Get A Background Check In Oklahoma

Obtaining a background check in Oklahoma can be done through several channels depending on the specific search needs:

1. Oklahoma State Bureau of Investigation (OSBI): For a reliable and comprehensive criminal history check, the OSBI offers both name-based and fingerprint-based checks. This is advisable for official purposes and sensitive job positions.
2. Third-Party Background Check Services: Many online background check services offer rapid background checks, encompassing diverse records like criminal history, past employment, educational background, and additional information. These services cater to employers seeking swift results.
3. Local Police Departments: For a local criminal background check, one can visit a local police department. This method is useful for personal checks or small-scale hiring.
4. Court Records: Individuals can access public court records themselves to gather information relevant to civil or criminal cases. This method is cost-effective but time-consuming.

How Much Does A Background Check Cost In Oklahoma

The cost of a background check in Oklahoma varies depending on the type of check and the agency conducting it:

OSBI Costs

• Name-Based Checks: $15 per report, suitable for basic background screening.
• Fingerprint-Based Checks: $19 per report, used for more detailed and accurate results.

Third-Party Service Providers

Costs can range from $20 to over $100 based on the depth of the background check required. These providers often offer packages that include multiple types of checks for a comprehensive view.

Local Police Checks

Fees vary by office and jurisdiction but generally are less expensive than OSBI checks, costing around $10 to $25.

Court Records

Accessing court records may have minimal costs associated with copying and administrative fees, typically under $10 unless extensive records requests are needed.

How To Get A Background Check In Oklahoma

Here is a step-by-step guide on how to obtain fingerprints for a subject of a background check in this state:

1. Determine the Type of Background Check Required

Before initiating the process, determine what type of background check you need. The most common types include criminal history checks, employment history verification, credit history checks, and driving records.

• Criminal History Checks: Required for positions in security, education, and those that involve working with vulnerable populations.
• Employment and Education Verification: Common for most employment processes.
• Credit Checks: Necessary for positions that handle financial transactions.
• Driving Records: Important for jobs that involve operating a vehicle.

2. Choose the Proper Channel

Depending on the type of background check, you can choose from several channels:

• Oklahoma State Bureau of Investigation (OSBI): For a thorough criminal history check, including fingerprint-based searches.
• Third-Party Background Check Services: For comprehensive checks that might include multiple aspects like credit, employment, and criminal records.
• Local Police Department: For local criminal records.
• Oklahoma Department of Public Safety: For driving records.

3. Collect Necessary Information

Gather all the necessary information needed to conduct the background check. This typically includes:

• Full name, including any maiden or previous names
• Date of birth
• Social Security Number
• Current and past addresses
• Consent forms, if conducting the check on someone else

4. Submit the Background Check Request

Follow the specific submission guidelines based on your chosen method to submit to:

• OSBI: Complete the criminal history request form available on the OSBI website. You can opt for either a name-based search or a fingerprint-based search. Forms and fingerprinting can be done at local police stations or authorized fingerprinting services.
• Third-Party Services: Submit your request online through their platforms. You will need to provide all the required personal information and payment.
• Local Police Department: Visit in person or check if there’s an online option. Some departments allow you to request criminal records online.
• Department of Public Safety: For driving records, visit their website or the nearest office to fill out the necessary forms.

5. Pay the Required Fee

Fees will be subject to vary depending on the type of check and the agency handling the request:

• OSBI Fees: $15 for a name-based check and $19 for a fingerprint-based check.
• Third-Party Services: Fees can vary widely depending on the depth of the background check.
• Local Police Departments and Public Safety: Fees are generally lower but vary by department.

6. Receive and Review the Background Check Report

Once your request is submitted and processed, note that you will receive a report detailing the findings of the background check. Review this information carefully to ensure accuracy and completeness.

7. Use the Information Appropriately

Ensure that you use the information obtained from the background check legally and ethically, respecting all privacy laws and regulations concerning the handling of personal information.

Best Background Check Services 

When selecting a background check service, it’s crucial to consider factors like reliability, speed, and the depth of information they offer. Here are some reputable websites known for their comprehensive services, each with its strengths and weaknesses:

1. Truthfinder: Best for comprehensive insights
2. Instant CheckMate: Best for quick searches
3. BeenVerified: Best for detailed reports

TruthFinder– Best for comprehensive insights

TruthFinder is widely recognized for its capability to extensively search through both public and private databases, offering comprehensive background checks throughout Oklahoma. By aggregating data from various sources, it provides detailed insights into individuals, including criminal records, employment history, address and contact information. This makes it an invaluable resource for those in need of thorough background checks within the state.

Pros & Cons

Pros:

• Access to extensive databases for detailed information
• A User-friendly interface makes navigating reports straightforward
• Offers detailed insights that are ideal for personal or professional use in Oklahoma

Cons:

• Requires a subscription, which may be costly for some users
• Generating detailed reports can be time-consuming

Instant CheckMate– Best for quick searches

Instant CheckMate offers swift and efficient services, perfect for individuals requiring speedy background checks in Oklahoma. Its streamlined process allows users to access criminal records, fingerprints, previous addresses, and even social media profiles promptly, catering to those who need quick results for decision-making purposes.

Pros & Cons

Pros:

• Fast turnaround on background checks, perfect for urgent inquiries
• Flexible service options including one-time and subscription-based uses
• Mobile app enhances accessibility and user convenience

Cons:

• While quick, some reports might lack depth compared to slower services
• Data aggregation can occasionally include errors or outdated information

BeenVerified– Best for detailed reports

BeenVerified stands out for its thorough and accurate background checks throughout Oklahoma, covering a broad array of data from criminal records to financial backgrounds. This platform ensures that users receive comprehensive, complete and up-to-date information, which is essential for both personal and professional vetting processes.

Pros & Cons

Pros:

• Extensive coverage ensures thorough searches, including vehicle records and court documents
• Continuously updated data for the most accurate and current information
• Supports various platforms, providing an accessible interface for users

Cons:

• Tends to be more expensive than other background check providers
• Some reports may take longer to compile, which can be a drawback for users needing immediate results

Background Check Oklahoma FAQ

How to Do a Background Check on Someone in Oklahoma?

To run a background check in Oklahoma, identify the required check type and use the Oklahoma State Bureau of Investigation (OSBI) for criminal records. For broader searches, platforms like Truthfinder, Instant CheckMate, and BeenVerified offer detailed and quick options statewide.

How Long Does It Take to Get a Background Check Back in Oklahoma?

The time it takes to receive a background check in Oklahoma can vary depending on the type of check and the method used. Generally, a name-based search through the OSBI can take anywhere from a few days to a couple of weeks. 

How Do I Look Up Criminal Records in Oklahoma?

To look up criminal records in Oklahoma, you can access the OSBI’s Criminal History Information Request Portal. This service allows you to perform name-based or fingerprint-based searches. Another option is to visit local courthouse records where the individual has resided or might have been involved in legal proceedings. 

Remember, accessing detailed records might require specific further requests, permissions or additional identification.

How Much Does It Cost to Do a Background Check in Oklahoma?

A basic name-based check through the OSBI costs around $15, while a more thorough fingerprint-based check costs about $19. If you use a third-party service, prices can range from $20 to $100 depending on how extensive the check is. You can also find free background check in Oklahoma for basic searches.

Recap On Background Check Oklahoma

Understanding the laws about background checks in Oklahoma is important for different people like employers, landlords, or those who want to hire a babysitter. You need to use trustworthy websites to do these checks so you get correct and legal information.

Keep in mind, that a background check isn’t just about finding bad things; it’s about making smart choices to keep a person in personal and work situations safe and honest.

Stay informed and select the most suitable tools for your background-checking requirements to ensure thoroughness and sound decision-making.