Everyone has some past sins they’d prefer to forget. This might involve having a criminal record, a poor education or employment history, going through a divorce, having mental health issues, and so forth. However, you cannot fault people for attempting to learn more about those who are close to them. Nobody wants to live or work with someone who has too many secrets, and this is especially true in settings where there are vulnerable people. Employers in Utah regularly use a Utah background check to screen potential employees.
It’s crucial to comprehend the process involved before running a background check on a prospective new hire for your Utah business, including the relevant legal requirements, where to get a background check in Utah, what types of information you might gather, what information to expect in a background check report, and how to quickly and effectively access and analyze this information while staying within your budget.
Public Records Law in Utah
In Utah, public records are governed by the Government Records Access and Management Act (GRAMA).
The law can be a little challenging, as you might anticipate. Finding records can be challenging because they are frequently held by various agencies, as is the case in many states. Once located, there are various ways to request records.
There are various laws and policies in each state. Every branch of the government in Utah is governed by the law, and the general public has access to all records.
There are a few exceptions, though. Open record laws do not apply to documents that include any private information, such as medical records, the addresses of elected officials, or information about government employees.
A government organization typically responds to requests within ten days. Traditionally, requests from media outlets are responded to a little more quickly—within five business days.
There is an appeals procedure if a request is rejected. The State Records Committee and the agency’s head both accept complaints from requesters. District court is where the case ultimately ends up if it proceeds.
Utah.gov has more information on how to search public records.
Federal Laws and Regulations Regarding Pre-Employment Background Checks
The federal Fair Credit Reporting Act (FCRA), which regulates how employers may access and use personal information on job candidates in the hiring process, must be followed by employers in Utah.
You must notify the candidate in advance and obtain their consent before conducting a background check on them, among many other conditions.
Utah Pre-Employment Background Check Laws and Regulations
Ban the Box Law
In 2017, Utah’s governor approved a ban-the-box law for employers in the public sector. This law prohibits government employers from inquiring about applicants’ criminal histories prior to conducting an interview with them.
They cannot inquire about applicants’ criminal histories prior to conducting an interview with them.
Criminal Investigations and Technical Services Act
In accordance with Utah Code sections 53-10-101 to 53-10-606, only a select few types of employers are permitted to inquire about applicants’ state criminal histories.
Instead, the majority of private employers are restricted to asking for criminal history records through FBI background checks.
Employees may request their own criminal background checks, or they may be asked to sign waivers allowing the state to send this kind of information directly to the employer or another party.
What Information Turns Up on a Utah Background Check?
According to your industry and the specifics of the job opening, the kind of information you are looking for in a Utah background check will change.
You can anticipate to find the following fundamental categories of data on a background check report if you’re looking for criminal information on a job applicant:
- What kind of crime it is
- Date of case filing
- Date of case conclusion
- Case management
- Some sentencing details, like the date of sentencing and the fines levied
Additional Common Types of Data on a Utah Background Check
The following additional categories of background data on an applicant may be included, although criminal history is a significant part of a background check for employment:
- Authentication of identity
- Past employment history
- Verification of education
- Driving history
- Credit inquiry
- Civil documents
You must still get consent from the applicant before collecting these records, even though these categories of personal data on job applicants do not include criminal history.
How to Check People’s Backgrounds in Utah
The Utah Department of Public Safety will provide background check information upon request from a qualified employer.
However, only businesses hiring for positions affecting national security interests, those working with children or adults in need, private adoption service providers, and state and local government organizations are permitted to use this option.
If you are not a qualified employer, you will need to either require applicants to obtain copies of their own criminal background checks or have them sign releases allowing you to receive these records.
The applicant must also provide a set of fingerprints if you ask them to request their own criminal history.
For information on inmate records, you can also contact the Utah Department of Corrections. These records contain details about a person’s past or present prison status as well as details about their sentence.
You won’t find all of the crucial information you require by asking applicants to conduct their own criminal background checks or by trying to look it up on the Utah Department of Corrections.
For inmate records, you can also check with the Utah Department of Corrections. These records detail a person’s past or present incarceration status as well as information about their sentencing.
Asking candidates to check their own criminal histories or attempting to research information on the Utah Department of Corrections won’t provide you with all of the crucial information you require.
These are some of the details you should be aware of as you conduct a Utah background check. They will make our search process much easier.