Background Check in West Virginia: State Laws & Requirements

A background check involves examining the history of the applicants. It includes their criminal records, employment history, and other personal data. In West Virginia, checking backgrounds is crucial for employers before hiring, as it helps them ensure workplace safety and reduces hiring risks.

This guide covers all you need to know about West Virginia background checks. We’ll also explain the laws for employment background checks, the different types, costs, and the best services for reliable results.

What Is a West Virginia Background Check?

A West Virginia background check involves looking at the history of applicants. It is for purposes like employment, housing, or personal reasons. This can also act as a criminal background check and reveal criminal convictions, if any. It also shows work and education history. It can reveal much more, helping you make informed decisions.

Through a West Virginia background check, an employer is able to ensure workplace safety. Landlords use them to screen tenants. They help businesses and individuals verify the truth of claims. They also protect against risks and help West Virginia employers keep a safe environment.

How Do I Get a State Background Check in West Virginia?

Getting a West Virginia background check is easy. It is also vital for many reasons. You may be an employer, landlord, or need it for personal reasons. Following the correct steps ensures you get accurate and timely results. Here’s a simple step-by-step guide on conducting background checks:

1. Submit a request: Contact the West Virginia State Police or visit their office to get a background check form. This form can also be found on their official website.
2. Fill the form: Fill in all the required details. Include your personal information and the reason for the background check. Ensure all information is accurate to avoid delays.
3. Pay the fee: There is usually a processing fee for such checks. Make sure to pay the correct amount, which can vary depending on the type of check.
4. Submit fingerprints: You may need to do this at designated locations. Check the specific requirements to ensure proper submission.
5. Wait for processing: Background check can take a few days to a week. Once the processing is complete, you’ll receive the results via mail or email.

What Shows up on a West Virginia Background Check?

A West Virginia background check can reveal various information. The information depends on the type of check you opt for. Here are the common types o background checks and what typically shows up:

• A background check can show any civil cases against the applicant. This includes lawsuits or restraining orders. This information is essential for assessing potential legal issues.
• Employment background checks are great for employers for making employment decisions as these verify an applicant’s job history. They help employers ensure they have the experience they claim. It helps West Virginia employers confirm past positions and durations of employment.
• Drug tests can be part of pre-employment background checks. They aim to ensure workplace safety by screening for illegal substances, like marijuana.
• Criminal background checks reveal criminal convictions and ongoing cases. They are crucial for understanding an individual’s criminal history. These can include felonies, misdemeanors, and any pending charges.
• Driving record checks search and reveal traffic violations. They also show license status and other driving offenses. They are important for positions involving driving responsibilities.
• Education checks verify the applicant’s educational history. It ensures they have the claimed qualifications. It includes confirming degrees, certifications, and attendance dates.
• These checks also reveal financial history. It includes debts and credit scores. Landlords often use it in rental applications. They help landlords assess the financial responsibility of potential tenants.

What Are the Background Check Laws and Regulations in West Virginia?

These federal laws and state laws and rules aim to protect individuals’ rights. They also allow West Virginia employers, West Virginia business owners and landlords to make informed decisions, as they are based on accurate information. You must understand and follow these federal and state laws as one should be responsible when conducting background checks.

• Fair Credit Reporting Act (FCRA): The FCRA is one of the main federal laws that governs the background check process, ensuring accuracy and privacy. Employers must get written authorization from individuals before doing a background check. They must also notify them of any adverse hiring decision based on the results. This is required by FCRA’s restrictions.
• West Virginia Human Rights Act: This Act prohibits discrimination based on race, color, religion, national origin, sex, age, disability, and more in individual and housing. West Virginia employers must make background check decisions that do not discriminate.
• Ban the Box Law (West Virginia Code §5-11-9): This law restricts employers from asking about criminal background on job applications to prevent discrimination. Employers can inquire about the same later in the hiring process.
• West Virginia Consumer Credit and Protection Act: This Act provides guidelines on how credit information can be used in such checks. It ensures that applicants’ credit histories are used fairly. They are used appropriately in hiring and rental decisions. This also includes expunged records.
• Equal Employment Opportunity Commission (EEOC) Guidelines: These guidelines help employers ensure fair hiring practices, avoiding discrimination based on criminal records. Employers must follow federal laws when conducting employment background checks. They must consider the offense’s nature, its relevance to the job, and how much time has passed since it.
• Title VII of the Civil Rights Act of 1964: This is also a federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Employers in West Virginia must follow these federal protections. They apply when doing background checks and making hiring decisions.
• West Virginia Criminal Identification Bureau: Manages and reveals criminal background information. Employers and individuals can request a background check through this bureau. They can get accurate and up-to-date information. including expunged records.
• Fair Labor Standards Act (FLSA): This is a federal law that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. It applies across the United States, including Virginia.

How Far Back Do Background Checks Go in West Virginia?

A background check in Virginia can vary in how far back they look into an individual’s history. They usually cover 7 to 10 years. They focus on relevant details like criminal convictions, employment history, and education. The check’s scope and depth may also depend on the requirements of employers or the organization doing the check.

Such checks commonly include:

• Criminal History: This typically includes felony and misdemeanor convictions within the past seven to ten years.
• Employment Verification: Employers may verify employment history for the past five to ten years, depending on the position’s requirements.
• Education Verification: This verifies degrees and certifications obtained within the last five to ten years.
• Credit History: For roles involving financial responsibilities, credit background check may go back several years to assess financial stability.

How Long Does a Background Check Take in West Virginia?

The time varies based on the type of check and the involved agencies. Basic checks include past convictions searches using state databases. The process usually takes a few days to a week. More thorough checks include verifying employment and education. They may be time consuming and extend the process to one to two weeks or longer.

Several factors contribute to the time-consuming nature of background checks. Each kind of check has its own timeline and delays can happen if agencies have backlogs or operational issues. Considering that, employers and individuals should plan ahead to ensure thorough and accurate results, also keeping compliance with legal requirements in West Virginia.

How Much Does a Background Check in West Virginia Cost?

The cost of a background check in West Virginia can vary widely. It depends on the depth and scope of the check. For a basic criminal background check, you can expect to pay between $20 and $50 per report. This type of check includes searching for criminal records within the state.

A more complete background check includes employment, education, and credit verifications. It costs from $50 to $200 or more. This thorough examination gives a detailed overview of the background of applicants. It is great for employers and landlords who need a lot of information.

In addition to these base costs, there may be extra fees for services. These include expedited processing, information from special databases, and international background checks.

Where To Get A Background Check In West Virginia?

The right method depends on your needs and purpose. It also depends on the detail required by West Virginia business owners.

There are several ways to obtain a background check in West Virginia based on your needs:

• West Virginia State Police: The West Virginia State Police provides criminal history records. These checks are typically used for employment, licensing, and volunteer purposes. The request can be made in person or by mail and fingerprinting may be required.
• West Virginia Division of Protective Services: Often used for employment in sensitive positions such as law enforcement or childcare. They provide detailed checks including criminal history, past employment, and education verification.Typically initiated by the employer or agency requiring the background check.
• Federal Bureau of Investigation (FBI): Provides a national overview of criminal history, which can be more comprehensive than state-level checks. Requires fingerprinting and the submission of a background check request form. Can be initiated online or through authorized fingerprinting services.
• West Virginia Department of Health and Human Resources (DHHR): Specifically for individuals working in health and human services fields. Includes criminal background checks and sometimes additional screenings. May require fingerprinting and submission of specific forms.
• Local Law Enforcement Agencies: Local police departments or sheriff’s offices can provide checks for local criminal records. Typically requires a visit to the local agency, filling out a request form, and sometimes fingerprinting.
• Private Background Check Companies: Offer a range of background check services tailored to the needs of employers, landlords, and individuals (including criminal, employment, education, credit history, and social media checks). Requests can usually be made online. Some companies may require consent forms and personal information from the individual being checked.

Best Background Check Sites

Here are some trusted websites for quick checks:

• TruthFinder: Best for detailed reports
• Instant Checkmate: Best for quick results
• BeenVerified: Best for a user-friendly interface

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TruthFinder

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TruthFinder is a comprehensive background check website. It offers access to many public records and cover everything from criminal record to contact info. Users find its reports thorough and reliable.

Pros

• Offers detailed reports
• Easy-to-use design makes navigation simple
• Deep web scanning

Cons

• Reports may not always be up to date

Star Rating

/ 5.0

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Instant Checkmate

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Instant Checkmate is a fast and thorough background check website. It offers simplicity and ease of use, including criminal records, social media and more. Many users appreciate the speed of the results.

Pros

• Fast results
• Offers monthly subscription options
• Provides detailed reports

Cons

• Some users report occasional inaccuracies

Star Rating

/ 5.0

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3

BeenVerified

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BeenVerified is a detailed background check website. It offers a simple interface. It offers detailed reports on criminal history, job history, and contact details. Users benefit from its extensive data coverage.

Pros

• Provides comprehensive reports
• Offers a mobile app for easy access
• Good customer support

Cons

• Subscription costs reflect the premium service offered

Star Rating

/ 5.0

Visit

Conclusion On Background Check West Virginia

Background checks are vital tools in West Virginia. To get what you need, understand the process and resources for West Virginia background checks. You might be hiring a new employee, screening tenants, or doing personal research, a background check in West Virginia provides useful insights into the history of all the applicants.

Don’t forget to stay informed about Background Check West Virginia federal and state laws. Then, you can conduct fair screenings, and protect your interests and promote a secure environment.