Employers in Cranston, Rhode Island face the challenge of quickly hiring reliable, trustworthy, and qualified employees when they have open positions.
Thorough pre-employment background checks can help employers verify the information candidates provide on their resumes and in interviews to confirm qualifications, safety, job suitability, and character.
At iprospectcheck, we provide tailored background check solutions to businesses in Cranston and other Rhode Island locations.
This guide outlines the laws, regulations, and best practices local employers should follow during this step of the hiring process.
Key Takeaways
- Pre-employment background checks investigate candidates’ personal history by verifying their criminal history, employment, education, professional credentials, driving records, and other relevant information.
- Cranston employers perform background checks to confirm the claims applicants have made on their resumes, evaluate their qualifications, and determine their job suitability.
- Employers must adhere to local, state, and federal regulations to ensure compliance and avoid penalties.
What is a Cranston Employment Background Check?
A background check in Cranston investigates a candidate’s personal history, including their criminal records, employment history, educational record, professional credentials, and other relevant information.
Employers in Rhode Island rely on these checks to gather verified information and make well-informed hiring decisions.
Why Do Employers in Cranston Conduct Background Checks?
Cranston employers conduct background checks for many reasons, including:
1. Promote Workplace Safety
Employers are required to maintain safe work environments to protect the safety of their employees, vendors, and customers.
This task includes following all relevant safety regulations from the Occupational Safety and Health Administration (OSHA) and ensuring their employees follow and respect these rules.
Background checks help employers identify applicants whose history indicates they could pose safety risks because of prior incidents or problematic behaviors.
2. Ensure Fairness in Hiring
Employers must ensure a fair hiring process, especially when conducting background checks.
Implementing consistent standards for background checks helps reduce the effects of unconscious bias and ensures all candidates are evaluated fairly.
3. Maintain Regulatory Compliance
Federal and state agencies are tasked with regulating companies that operate in specific industries, including transportation, finance, education, healthcare, and others.
For example, the U.S. Department of Transportation (DOT) requires regulated employers to conduct DOT background checks, physicals, and drug tests for commercial drivers.
Similarly, Rhode Island mandates fingerprint-based screenings and abuse and neglect registry checks for roles involving vulnerable populations, such as children, disabled people, or seniors.
4. Reduce Negligent Hiring Risks
Employers can face lawsuits when they fail to properly vet an employee who subsequently goes on to harm others while working within the scope of their jobs.
Background checks help employers identify potentially unsafe or incompetent applicants and avoid hiring them, thereby reducing negligent hiring liability risks.
5. Build Client Trust
Many positions require employees to handle sensitive information.
Background checks help employers ensure their staff can be trusted with confidential data.
Clients feel more confident about a company’s data handling when they know the organization conducts comprehensive employment background checks.
6. Protect the Company’s Brand
Customers perceive a company based on how its employees conduct themselves.
A single employee who engages in misconduct, performs poorly, or provides subpar customer service can significantly damage their employer’s brand.
Employment background checks help employers verify that an applicant has the requisite skills, experience, and character to be both professionally competent and a strong brand representative.
What Information Appears on a Cranston Background Check?
The content of a background check depends on the searches you request. Employers commonly ask for the following reports:
Criminal History
When an applicant has a criminal record or a pending criminal case, a criminal background check for employment reports the following details:
- Case number
- Offense date and nature
- Offense severity (misdemeanor or felony)
- Disposition
- Date disposed
- Sentence information (if available)
Employers must assess criminal convictions individually as they relate to the job’s duties and workplace safety.
Consumer reporting agencies (CRAs) can’t report expunged convictions, and employers can’t consider them for hiring purposes.
Employment Verification
Employment verification reports the following information about an applicant’s current and former jobs:
- Employer names and addresses
- Dates of employment
- Job titles and responsibilities
Verifying an applicant’s employment helps to confirm their claimed experience and identify any employment gaps that need answers.
Education Verification
Education verification reveals the following information about a candidate’s educational history:
- School names and addresses
- Enrollment dates
- Degrees or diplomas earned
Verifying a candidate’s education allows employers to confirm they have the education necessary to perform the job and are trustworthy.
Professional License Verification
Professional license verification discloses the following details about an applicant’s credentials:
- License validity
- Issuing body
- License number
- License type
- Issuance date
- Expiration date
- Disciplinary history
Identity Verification
Identity verification reveals the following details about a candidate:
- Names the candidate has used, including aliases
- Address history
- Candidate’s date of birth
CRAs perform identity verification as a preliminary search to confirm the applicant is the individual they claim to be and identify other jurisdictions to search for information.
Motor Vehicle Records (MVR) Check
Cranston employers hiring for driving jobs typically ask for MVR checks, which show the following details about an applicant’s driver’s license and driving record:
- License number
- License class
- Issuance date
- Licensee’s full legal name
- Traffic violations
- Major traffic crimes
- Suspensions or revocations
- Expiration date
Checking an applicant’s driving records helps to confirm they are safe and can be insured.
Know Before You Hire
Important Laws and Regulations
Federal Laws Governing Background Checks
Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) establishes strict guidelines to protect consumer privacy.
This law covers how CRAs collect, retain, and report information to third parties, including employers for employment background checks.
Under the FCRA’s seven-year reporting rule, CRAs can’t report the following information when it’s older than seven years for jobs paying less than $75,000 annually:
- Arrests that didn’t lead to convictions
- Paid tax liens
- Debt collections
- Chapter 13 bankruptcies (10 years for Chapter 7)
- Civil lawsuits/civil judgments
The FCRA also applies to employers when they partner with third parties for background checks.
Employers must notify applicants in writing that they will conduct a background check. This notice must be on a separate form that doesn’t contain any other information.
Employers must also obtain the applicant’s signed consent before initiating the background check process.
When an employer wants to reject a candidate based on information contained in a background check, they must complete the adverse action process before making a final decision.
Fair Chance to Compete for Jobs Act (FCA)
The Fair Chance to Compete for Jobs Act (FCA) is a federal fair chance hiring law that applies to federal agencies and companies that seek federal contracts.
Federal agencies and federal contractors must not ask about a candidate’s criminal history or perform a criminal background check until after they make a conditional employment offer.
Federal agencies are prohibited from extending federal contracts to companies that violate this law.
Title VII of the Civil Rights Act of 1964
Title VII prohibits discriminatory practices in all aspects of employment based on an applicant’s or employee’s protected characteristics.
The Equal Employment Opportunity Commission (EEOC), the agency that enforces this law, has issued enforcement guidance for employers on what to do when a background check reveals an applicant’s criminal record.
Employers must evaluate a conviction individually as it relates to the job’s duties and workplace safety before deciding against hiring a candidate based on their criminal record.
Rhode Island Laws
Rhode Island Ban-the-Box Law
Rhode Island’s ban-the-box law is found at 28 R.I. Gen. Laws § 28-5-7 and applies to both public and private employers.
Under this law, employers can’t inquire about an applicant’s criminal history on their applications and must wait to inquire until after they have had a chance to interview for the position.
This law does include exceptions for employers who are required to disqualify individuals based on criminal records under state or federal law.
Notice Required for Credit Reports
Under 6 R.I. Gen. Laws § 6-13.1-21, employers can’t perform credit checks for employment unless they first notify an applicant and obtain their written consent.
If an employer wants to deny the applicant because of their credit report, they must send an adverse action notice that includes the CRA’s name and address.
Social Media Privacy Law
Rhode Island’s social media privacy law is found at 28 R.I. Gen. Laws § 28-56-2.
This law prohibits employers from asking applicants or employees for their social media passwords or account information.
They also can’t require them to open their accounts in the employer’s presence or add a supervisor or hiring manager as a friend so they can gain access.
There is an exception to this law when an employer needs access to an employee’s social media account because of an investigation.
Fair Employment Practices Act
Rhode Island’s Fair Employment Practices Act is found at 28 R.I. Gen. Laws § 28-5-7 and provides additional anti-discrimination protections during the hiring and background screening process.
Some of the key provisions of this law include:
- Prohibits discrimination based on race, color, religion, sex, pregnancy, national origin, age, disability, marital status, or sexual orientation.
- Ensures that screening procedures do not create a disparate impact on protected groups.
- Mandates that hiring policies align with the state’s commitment to equality in the workplace.
This act emphasizes fair treatment for all candidates and promotes diversity and inclusion.
Expungement
Under 12 R.I. Gen. Laws § 12-1.3.1-12-1.3.4, Rhode Island allows eligible individuals with qualifying criminal records to petition the court for expungement of their records.
Expungement is available for the following:
- First offenders with a single qualifying felony or misdemeanor conviction
- Individuals with two to six misdemeanor convictions (but no felonies)
- Individuals who have completed deferred sentences
Courts have discretion about whether to grant expungement petitions.
Numerous crimes are not eligible for expungement, including violent crimes and those that involve acts against vulnerable people or threats to public safety.
The effect of expungement is that CRAs can’t report expunged records on background checks, and employers can’t use expunged records for hiring decisions if they learn about them in other ways.
How to Conduct Employment Background Checks in Cranston, Rhode Island
1. Develop a Comprehensive Screening Policy
Before you start conducting background checks, create a comprehensive policy that adheres to all legal requirements.
Document your organization’s procedures for conducting background checks, including which positions are subject to screening and the specific compliance requirements that must be followed.
2. Train HR Teams
Provide thorough training to HR staff to ensure they understand the screening process and can implement policies consistently across all hiring decisions.
Train them about all of the laws they must follow and the specific steps to take before, during, and after the background check process.
This step minimizes errors and promotes compliance with legal standards.
3. Notify Candidates and Obtain Consent
Inform candidates that your company conducts background checks on a standalone form that doesn’t include any other information.
Secure the candidate’s explicit written authorization before proceeding.
4. Partner with a Trusted Background Check Provider
Partner with a reputable and experienced background check provider like iprospectcheck.
We always comply with the FCRA and all other background check laws and rely on our extensive access to reliable information sources and research methods to quickly return accurate, current, and legally compliant background check reports to our clients.
5. Wait to Conduct Background Checks
Wait until later in the hiring process to conduct background checks.
Rhode Island law requires you to wait until after a candidate has been interviewed, but it might also make sense to wait until after you extend a conditional job offer.
Waiting until this time saves your company time and money, and it also helps to maintain your company’s eligibility for federal contracts under the FCA.
6. Customize Screenings to Fit the Role
Tailor the components of each background check to align with the specific requirements of the position.
For example, a role involving driving might require a motor vehicle record check, while a professional position may necessitate license verification.
7. Review Results Thoroughly
When you receive the results, review them thoroughly. Evaluate the findings and consider their relevance to the position’s responsibilities and requirements.
Maintain clear communication with your candidates throughout the process.
If you are satisfied with the results and want to move forward with your candidate, schedule onboarding.
On the other hand, complete the following steps if the background check raises concerns.
8. Individually Assess Conviction Records
Don’t treat a conviction as an automatic bar to employment.
Instead, individually assess it as it relates to the job and workplace safety before basing a decision not to hire the applicant on their criminal record.
9. Follow the Adverse Action Process When Necessary
If a background check results in the decision to deny employment, follow a compliant adverse action process:
- Send a pre-adverse action notice – Provide the candidate with a copy of the background check report that highlights the problematic information.
- Allow time for a response – Give the candidate at least five business days to review the findings and dispute any inaccuracies. They can also provide evidence of rehabilitation.
- Issue a final adverse action notice – If your decision to deny employment stands, send a final notice detailing the reasons. Include a copy of their FCRA rights.
Trust iprospectcheck for Background Checks in Cranston
To fill open positions, employers in Cranston must make sound hiring decisions quickly.
Pre-employment background checks enable employers to make better hiring decisions and select new hires who are qualified and trustworthy.
To learn more about our background check services or to receive a free quote, contact us today: 888-509-1979.
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
FAQs
How long does a Cranston background check take?
How long a background check might take depends on the searches you request.
Standard reports can take from a few hours to a couple of days. More complex checks might take longer.
Can employment be denied based on a background check?
Yes, as long as decisions comply with applicable regulations.
How much does a Cranston background check cost?
At iprospectcheck, we offer multiple packages at affordable prices and add-on searches.
We also offer volume discounts. Contact us for pricing information.
What are useful resources for Cranston employers?
Cranston employers can benefit from these publicly available resources: