Georgia Employment Background Check Laws

Conducting pre-employment background checks is an essential practice for employers, providing insights into a candidate’s educational background, work history, criminal record, and driving history. These checks help employers make informed hiring decisions and mitigate potential risks. It is crucial for employers to comply with state, local, and federal laws governing background screenings in Georgia.

This article outlines common types of background checks in Georgia, what they reveal, their duration, and the state laws employers must consider before conducting these checks.

What Is a Georgia State Background Check?

In Georgia, employers, organizations, and agencies can perform pre-employment background checks on candidates, employees, and volunteers. Certain screenings are legally required. For example, employees and volunteers at long-term care facilities must undergo fingerprint-based criminal background checks. The common components of Georgia background checks include:

• Criminal Background Checks: These check national, federal, state, and county records to determine whether a candidate has a criminal history. However, access to sealed or restricted records, such as juvenile records, expunged convictions, or completed sentences under the Georgia First Offender Act, is prohibited unless exceptions apply (e.g., violent crimes for positions involving vulnerable populations).

• Employment Verification: This involves contacting previous employers to confirm the accuracy of the applicant’s work history and experience.

• Education Verification: Schools are contacted to verify a candidate’s attendance, dates of attendance, and the degrees earned.

• Civil Court Checks: These checks examine civil court records, including small claims, personal injury cases, restraining orders, judgments, and liens.

• Credit Checks: These checks review an applicant’s credit history, including bankruptcies, collections, and foreclosures, and are often conducted for positions involving financial responsibilities.

• Drug Screening: Employers may test for prescription and illicit drugs. Employers with drug-free workplace programs may be eligible for workers’ compensation insurance discounts by adhering to program requirements.

• Driving Records Checks (MVR Checks): Employers check state motor vehicle records for license status, traffic violations, and accidents, especially for roles that involve driving.

How Long Does a Background Check Take in Georgia?

The duration of a background check in Georgia varies based on several factors, such as the type of check, the scope of the search, and the responsiveness of the agencies or organizations involved. Below are general timeframes:

• Criminal Background Checks: Typically take one to two business days, but may take longer depending on the specific details and whether fingerprint-based checks are involved. Employers typically access these checks via the Georgia Bureau of Investigation (GBI) and Georgia Applicant Processing Service (GAPS).

• Civil Court Checks: Usually take one to two business days unless the court requires manual requests, which can lead to delays.

• Motor Vehicle Record Checks (MVR): Results can be obtained in as little as one business day, although obtaining certified copies may take longer.

• Employment and Education Verification: These checks typically take three to five business days, depending on the responsiveness of previous employers or schools.

• Drug Testing: Results generally take between one to six business days, depending on the testing method and lab procedures.

To speed up the process, it’s recommended to initiate the background screening early and use a reputable consumer reporting agency (CRA) like Identify Background Checks, which offers access to up-to-date public records and streamlined background check procedures.

How Far Back Do Employment Background Checks Go in Georgia?

In Georgia, there are no state-imposed limitations on how far back criminal background checks can go. However, certain restrictions apply to other types of checks:

• Criminal Record Checks: While there are no state restrictions on how far back criminal records can be searched, employers typically look at a 7-year history for criminal convictions. In sensitive roles, extending this search period may be advisable.

• Civil Court Checks: Employers typically examine civil court records for the past 7 years, but for positions with higher salaries (over $75,000), they may extend this search to 10 years.

• Employment and Education Verifications: These can cover any period. If using a CRA, the FCRA limits reporting to the past 7 years unless the candidate’s salary exceeds a certain threshold.

• Motor Vehicle Records Checks (MVR): Employers can request records for a range of periods (3 years for Department of Transportation-regulated roles, 7 years, or the full driving history).

Georgia Background Check Laws

Several key laws govern background checks for employment purposes in Georgia:

• GA CODE 35-3-34 (3) (B): Employers must inform candidates if they are denied employment based on criminal records obtained through the Georgia Crime Information Center (GCIC). Employers must disclose the source of the record, the contents, and how it impacted the hiring decision.

• GA CODE 42-8-3 (First Offender Act): The records of individuals who have been exonerated under Georgia’s First Offender Act can be disclosed for employment purposes, particularly for positions in sensitive environments like schools or healthcare facilities. Certain violent offenses may disqualify candidates from employment.

• GA CODE 31-7-14 (Long-Term Care Background Check Program): This program mandates that employees at long-term care facilities undergo fingerprint-based criminal background checks conducted by the GBI and the FBI.

• Ban-the-Box Law: In Georgia, state government employers are prohibited from asking about criminal history on job applications. Criminal background checks can only be made after the application stage, and candidates must be given an opportunity to discuss their criminal records before making hiring decisions.

FCRA Compliance

All Georgia employers must comply with the Fair Credit Reporting Act (FCRA). The FCRA requires employers to obtain written consent from applicants before conducting background checks. Employers must also inform applicants of their rights and allow them to review the report before making hiring decisions. If an adverse decision is made based on the background check, employers must issue a pre-adverse action notice and give the candidate the chance to dispute the information before issuing a final adverse action notice.

Employers should also stay mindful of stricter local laws that may apply, particularly in counties or cities that have their own ban-the-box or fair hiring regulations. Following the most stringent laws ensures compliance and reduces legal risks.