Employer background checks can assist in weeding out dishonest and unqualified candidates during the hiring process. You can make wise hiring decisions and lower your risk of liability by conducting a thorough South Dakota background check to verify an applicant’s identity, employment history, educational background, criminal record, and licensure.
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.
The Freedom of Information Act (FOIA) gives those who need access to records the right to do so. Before requesting any documents, it is important to be aware of the state’s legal requirements because each state has its own procedures.
Background Check Regulations in South Dakota
Employers in South Dakota are required to abide by both state and federal laws.
The following lists the most significant ones.
Federal Regulations on Background Checks for Employment
Fair Credit Reporting Act
A federal law known as the Fair Credit Reporting Act (FCRA) safeguards the privacy of consumers by limiting how consumer reporting agencies (CRAs) can collect, store, and disclose their personal information.
The Federal Trade Commission (FTC) is responsible for enforcing this law, which regulates how employers can use the data they obtain from employment background check reports as well as how CRAs can provide information to employers.
You must obtain each applicant’s signed consent before conducting employment background checks after notifying them that you do so.
Before making a hiring decision, you must follow the FCRA’s adverse action procedure if you decide not to hire an applicant due to information found in a background check report.
The Civil Rights Act of 1964’s Title VII
The main federal anti-discrimination law, Title VII of the 1964 Civil Rights Act, forbids employment discrimination based on a candidate’s or employee’s protected characteristics. Equal Employment Opportunity Commission enforces this law (EEOC).
What employers must do when they learn that a candidate has a criminal history is governed by Title VII.
According to the EEOC’s enforcement guidelines, employers must evaluate each criminal record that emerges from a background check in light of how closely it relates to the position for which it is being filled.
South Dakota’s State Employment Background Check Regulations
South Dakota does not have any ban-the-box laws and complies with the FCRA’s and Title VII’s requirements.
There are, however, a few state laws that you need to be aware of.
Automatic Expunction of Some Convictions
According to SDCL 23A-3-34, if a person has not been convicted of another crime five years after finishing the terms and conditions of their sentence for a Class 2 misdemeanor or petty offense, their conviction will be automatically erased from their public record.
Expunction of Some Records
People who are placed in diversion programs are eligible for the expungement of their criminal records under SDCL 23A-3-35 if they complete the requirements of their diversionary sentences and are not charged with additional offenses within a year and a day.
People who have been arrested but not found guilty may request that their arrest records be removed from permanent records under SDCL 23A-3-32 and may sincerely deny that they were ever detained or charged.
Licensing Through Endorsement
On February 23, 2021, HB-1077 was approved by the governor, Kristi Noem.
According to this law, certain professionals in positions requiring licenses may be granted licenses by endorsement if they already hold valid licenses from other states.
Employers are required by this law to verify professional licenses in each state where an applicant has resided and held a professional license.
What Turns Up on a South Dakota Background Check for Employment?
Depending on what you ask for, the data that appears on a South Dakota employment background check report will vary.
The majority of employers in the region ask for details on applicants’ credentials, employment history, educational background, and criminal history.
Employers frequently request driving record checks from candidates who will be required to drive as part of their jobs. Pre-employment drug testing is another common practice adopted by employers as a requirement for employment.
Background Checks in South Dakota
Background checks in South Dakota can reveal details about a person’s past. Although easily accessible to anyone, public records are not official. The South Dakota Attorney General Office’s Department of Criminal Investigation handles official background checks. You can use official background checks for housing, loans, and employment. Although they are not permitted for this use, unofficial background checks can reveal information about a person’s history and character.
Some employers try to conduct employment background checks on their own by contacting numerous state agencies, prior employers, and educational institutions as well as conducting online searches.
It might take weeks to complete a background check this way and you might not get all the information you need.
They provide their clients in South Dakota with thorough, current, and accurate employment background checks that are fully FCRA compliant.
This is information you need to be aware of in order to conduct a productive South Dakota background check. Try incorporating it in your lookup process.