You want to find the best place to search but you urgently need a background check or a copy of a criminal record from Rhode Island. Access is not limited, but it can be difficult to locate and request records. It can be difficult to know where to start looking for records because different state agencies and governmental branches all keep their own.
On their resumes, many people exaggerate or fabricate information about their prior employment history and educational background. You can determine whether or not an applicant has been sincere by running a thorough, accurate, current, and FCRA-compliant background check.
Rhode Island Background Check Laws
State and federal law regulate the use of criminal background checks to ensure fair employment practices and proper handling of sensitive materials. Employers in Rhode Island must abide by a number of regulations if they want to find out about an applicant’s criminal history or request a report.
Federal Regulations on Background Checks for Employment
Fair Credit Reporting Act (FCRA)
The FCRA is a federal law that protects consumer privacy in the data that is gathered and reported by consumer reporting agencies (CRAs), including companies that offer pre-employment background checks. It is enforced by the Federal Trade Commission. Employers who ask for, collect, and utilize this information must abide by the laws outlined in this statute.
An employer must give written notice to the applicant that it intends to conduct a pre-employment background check before beginning. Before running a background check on an applicant for employment, employers must also obtain written authorization from the applicant.
The Title VII Civil Rights Act of 1964
Title VII of the 1964 Civil Rights Act is a thorough anti-discrimination law that forbids discrimination in the workplace based on the protected characteristics of candidates and employees. It is enforced by the U.S. Equal Employment Opportunity Commission (EEOC).
When employers learn that applicants have criminal convictions, Title VII applies to the pre-employment background check procedure. In accordance with EEOC guidelines, employers must evaluate each applicant’s conviction in light of how it specifically relates to the job the applicant would perform before making an adverse hiring decision.
Background Checks for Employment in Rhode Island: State Laws
Employers in Rhode Island are required to abide by a number of state laws, which are listed below, in addition to Title VII and the FCRA.
Law Against the “Ban the Box” in Private and Public Employment
Employers are prohibited from inquiring about applicants’ prior arrests or convictions on their applications or before giving them the chance to be interviewed under 28 R.I. Gen. Laws 28-5-7.
However, law enforcement agencies and employers in fields where certain conduct is presumed to disqualify under federal or state law are permitted to request applicants’ criminal histories.
Do not Inquire About Arrests
Employers may not inquire about applicants’ arrests that did not result in convictions during or after an interview, according to 28 R.I. Gen. Laws 28-5-7.
However, they are permitted to inquire about convictions during or after an interview.
Use of Credit Reports
Employers must give notice of their intent to obtain a credit report prior to requesting one for employment-related purposes in accordance with 6 R.I. Gen. Laws 6-13.1-21.
An adverse action notice must be sent to the applicant and include the name and address of the CRA if a credit report is the reason for a job rejection.
What Appears on a Rhode Island Background Check for Employment?
In Rhode Island, the majority of employers demand checks on professional credentials, employment history, education, and criminal history. When hiring for positions that require driving, some employers request driving records. Pre-employment drug tests are also commonly used by employers.
Where can I find criminal histories for Rhode Island?
To learn more about how to access criminal records in Rhode Island, go to the Rhode Island Bureau of Criminal Identification.
A local police department is where you can make a record request in person.
A valid identification card like a driver’s license and a check, money order, or credit card are required. The price is $5.
Requesters may place orders by mail, but they must include a notarized release form, a copy of a government-issued ID, a $5.00 check or money order, and a stamped, self-addressed envelope.
Send the request by mail to the Attorney General’s Office of Rhode Island.
Attorney General Julius C. Michaelson Customer Service Center
4 Howard Avenue (corner of Pontiac Ave. and Howard Ave.)
Cranston, RI 02920
Phone number: 401-274-440
You will require ONE of the following forms of ID to obtain a background check in person at AG’s customer service office in Cranston:
- Valid driver’s license issued by the state
- Valid identification card issued by the state
- Valid passport from the United States
They only accept walk-ins; appointments are not accepted.
By observing and following these guidelines on Rhode Island background check, you stand a better chance of uncovering more details on your candidate.