A North Dakota background check verifies someone’s history and credentials. The review is necessary for employment, renting, or other significant decisions.
It can be confusing when you don’t understand where to get it, how much it costs, what shows up, and more. The background check process in North Dakota is subject to local, state, and federal laws. We’ll cover what you can expect along the way.
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Get StartedWhat Are the Background Check Laws in North Dakota?
North Dakota has specific laws in place to promote fair and legal background checks. These laws help protect individuals’ privacy and prevent discrimination. Here are some of the key regulations and guidelines you need to know:
North Dakota Century Code Title 12.1-33-02.2
The Title 12 section of the North Dakota Century Code outlines the requirements for reporting criminal history. It is a sort of ban-the-box law that grants applicants a fair chance at getting a job despite past offenses.
Employers cannot ask an applicant about any crimes committed early on in the hiring process, if at all. The candidate cannot become ineligible for any reason related to their criminal convictions.
Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act is a federal law that regulates how an agency collects and uses someone’s credit data. The statute dictates that individuals have access to their credit files and can dispute inaccuracies.
FCRA provisions state that employers must obtain written consent from a job applicant before they conduct an employment background check.
If it leads to a negative decision (like not hiring the applicant), the employer must follow through with the adverse action process. That means they have to provide a copy of the report and a summary of the applicant’s rights under the FCRA.
The FCRA restricts the reporting duration of certain negative information. For example, agencies cannot report late payments or civil judgments to a seven-year limitation. Bankruptcy information can remain on a report for up to 10 years.
In North Dakota, the FCRA’s provisions are crucial for protecting consumer rights during background checks.
Equal Employment Opportunity Commission (EEOC) Guidelines
The EEOC provides guidelines to prevent discrimination in employment practices. The use of background checks must follow Title VII of the Civil Rights Act.
Title VII prohibits employment discrimination. Race, color, national origin, sex, or religion cannot influence a decision. Employers must guarantee that their background checks comply with these guidelines.
North Dakota Human Rights Act
Employment background checks in North Dakota must also comply with the Human Rights Act. It prohibits discrimination in employment, housing, public services, and other areas.
Employers can only use information obtained from North Dakota background checks in a legal manner. They must not consider any details that are not relevant to the position the applicant is applying for.
North Dakota Administrative Code Title 75-02-01.3
This code sets out regulations for conducting background checks in certain industries, such as healthcare and childcare. These regulations are designed to protect vulnerable populations by ensuring that individuals working in these fields have been thoroughly vetted.
North Dakota Job Service Regulations
The service regulations govern how a business can conduct employment background checks. Local, state, and federal laws must be at the forefront at all times.
Rules and guidelines surrounding employment background checks are necessary to protect both employers and employees by setting clear standards for a hire.
North Dakota Public Records Laws
North Dakota background checks are subject to the state’s public record laws. This set of guidelines dictates how employers can access and use these files.
Federal Privacy Act
The Federal Privacy Act regulates the collection, maintenance, and dissemination of personal information by federal agencies. It forbids unauthorized use of personal data and protects the person’s privacy.
North Dakota Criminal History Record Checks Regulations
This memorandum outlines how employers in North Dakota can conduct criminal history checks. It specifies that the records are accurate and up to date. As always, the agency must first get consent from potential employees before conducting the review.
How Do I Get a State Background Check in North Dakota?
North Dakota background checks are straightforward if you follow the right steps. Here’s a simple guide to make sure you get the necessary information:
1. Determine the Type of Check
The first thing to figure out is what type of background check you need. Reviewing an applicant’s criminal history is the most common type often used by employers.
There are also pre-employment screenings to check driving records, credit history, previous jobs, academic credentials, and other details. Knowing exactly what you need will help streamline the process and choose the right source of information.
2. Gather Information
To initiate a North Dakota background check, you must collect the necessary details about the person. In general, you’ll need their full name, date of birth, and social security number.
Depending on the exact check, you might also need other relevant information. Accuracy ensures the check is comprehensive and correct.
3. Choose a Provider
Decide whether to use official state services or third-party agencies. The North Dakota Bureau of Criminal Investigation (BCI) can conduct an in-depth criminal background check. Third-party agencies also can provide comprehensive checks if needed.
4. Submit a Request
Complete the required forms and submit your request either online, by mail, or in person. For state services, you may need to visit a specific office or complete an online form. For third-party services, follow their submission guidelines.
5. Pay the Fee
You must pay a processing fee for the requested information. How much you pay is contingent on the type of background check you get and which service provider you choose. Ensure you pay the correct amount to avoid delays.
6. Wait for Results
Processing times can vary. Criminal history reports usually take one to three business days. It takes longer to receive education or employment verifications. Prepare to wait a few days to a couple of weeks in total.
7. Receive and Review
Once you get the report, review it carefully for accuracy and completeness. If you find any discrepancies, contact the provider to correct any errors.
As an employer, there is an adverse action process to follow. Applicants must be given time to dispute any false information reported.
What Shows Up on a North Dakota Background Check?
A North Dakota background check can reveal a lot of different information depending on what employers, landlords or whomever is looking for. Here’s what typically shows up:
Credit History Check
Credit reviews evaluate your financial habits. It displays outstanding debts, your credit score, and any history of bankruptcies. These checks are often used by landlords and employers to assess fiscal responsibility and stability.
Criminal Record Check
A criminal background check reveals any crimes the applicant has committed. It highlights arrests, convictions, and pending charges.
All your run-ins with the law get reported indefinitely, whether it’s a felony or a simple misdemeanor. Employers may not access expunged or sealed records
Education Verification
Employment background checks can also verify the academic qualifications that applicants list on their resumes. The education report includes any degrees and institutions attended.
Employers use this to ensure candidates have the necessary educational background required for the position.
Civil Court Search
Civil court searches show civil legal proceedings such as lawsuits, divorces, or restraining orders. This type of check covers non-criminal legal disputes.
Driving Record Checks
Driving records provide information on a person’s driving history. It’ll include traffic violations, DUIs, and license status.
Drug Testing
Pre-employment drug tests check for the presence of illegal substances in an individual’s system. If the applicant tested positive for a banned substance, the employer can refuse employment.
Employment Verification
Employment verification confirms an individual’s previous job titles, duration of employment, and reasons for leaving. This helps employers verify the work history of potential hires.
How Far Back Does a Background Check Go in North Dakota?
North Dakota background checks can vary depending on the type of check and the purpose. Generally, most background checks look back 7 to 10 years.
Criminal checks can go back further, especially if they involve serious offenses. It’s important to check with the specific agency or service to understand their look-back period.
How Long Does a Background Check Take in North Dakota?
The turnaround time for a background check in North Dakota can vary. Here’s a general idea:
- Criminal Background Checks: Typically takes one to three business days
- Credit Background Checks: Usually instantaneous to a few minutes
- Education Verification: It can take several days to a week
- Employment Background Checks: Typically takes three to five business days
- Driving Record Checks: Usually one to three business days
- Pre-Employment Drug Tests: Results can take a few days to a week
The exact time can depend on the efficiency of the service provider and the completeness of the information provided.
How Much Does a Background Check in North Dakota?
The cost of a background check in North Dakota can vary widely based on the type of check and the provider. Here are some common costs:
- Criminal Background Check: $10 to $50
- Credit Background Check: $10 to $20
- Education Verification: $7 to $15
- Employment Verification: $10 to $30
- Driving Record Check: $5 to $15
- Drug Testing: $30 to $60
Using third-party services can sometimes bundle these checks. The company will provide a comprehensive report at a single cost.
Where to Get a Background Check in North Dakota?
For an official and comprehensive background check in North Dakota, the best place to start is with the North Dakota Bureau of Criminal Investigation (BCI). This agency is responsible for maintaining statewide criminal records and can provide certified background checks that are typically used for legal purposes, employment verification, or licensing requirements.
To request a background check, you will need to provide fingerprints, as this ensures the accuracy and reliability of the report. This type of check is most appropriate when you need an official record for employment, legal matters or professional certifications.
The BCI allows individuals and employers to submit their request either online or via mail. While online services are faster, mail-in requests are also an option for those who prefer traditional methods. It is important to note that only certain individuals, such as the person being checked or authorized agencies, can access these records due to privacy laws.
On the other hand, if you’re looking for a basic screening for personal purposes (to find or verify someone), several online services can offer this at a lower cost and without the need for fingerprints.
These services are usually quicker but less official, making them suitable for situations where a certified background check isn’t necessary. It’s also important to understand that these basic screening services may not provide as comprehensive or up-to-date information as the BCI, especially if you require legal verification.
Best Background Check Services
When choosing a background check service, you want reliability and accuracy, even for basic searches. These are the top choices for a quick and useful screening:
- TruthFinder – Best for Comprehensive Checks
- Instant Checkmate – Best for User-Friendly Experience
- BeenVerified – Best for Quick Searches
Known for its comprehensive reports, TruthFinder offers extensive information. The service covers criminal records, social media profiles, and more. It’s a great option if you need thorough background records.
Pros
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Extensive information
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Reliable and simple to use
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Detailed reports
Cons
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Subscription required
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Non-FCRA compliant
Star Rating
/ 5.0
This service provides user-friendly background checks with clear, comprehensive reports. Instant Checkmate is ideal for those looking for a straightforward and efficient service for basic searches.
Pros
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Intuitive interface
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Sex offender database
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Privacy is a top priority
Cons
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Some reports can be costly
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Non-FCRA compliant
Star Rating
/ 5.0
Offering quick and reliable background checks, BeenVerified is perfect for those needing fast results. It includes multiple options, making it versatile for different needs.
Pros
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Quick searches
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Regularly updated information
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9 products in one
Cons
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Limited in-depth details
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Non-FCRA compliant
Star Rating
/ 5.0
Final Note on North Dakota Background Check
Understanding the background check process and laws in North Dakota is essential. Anyone can benefit, whether you’re an employer, landlord, or individual.
Background checks provide valuable insights into a person’s history and can help you make informed decisions. Using reputable background check services ensures you get accurate and comprehensive information, so make sure to compare screenings and sources to make the best decision for your needs.
Disclaimer: Some background check sites are just for personal use and conducting basic people searches. Others, such as those used by potential employers, must comply with the Fair Credit Reporting Act (FCRA). This law limits the types of information you can find on other people. If you’re an employer or landlord using a background check for professional purposes, be sure to choose a site that’s FCRA compliant. Using a people search site that doesn’t comply with the FCRA to screen potential tenants, domestic workers or employees is illegal.
The information available on our website may not be 100% accurate, complete, or up to date, so do not use it as a substitute for your own due diligence, especially if you have concerns about a person’s criminal history. The services we mention do not make any representation or warranty about the accuracy of the information available through our website or about the character or integrity of the person about whom you inquire. For more information, please review each service’s Terms of Use.
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Published : September 30,2024
Published : September 30,2024