An Employer’s Guide to Idaho Background Checks

Employers conduct various checks on potential hires to ensure the right person is onboarded. Background checks help employers evaluate a candidate’s qualifications and eligibility for a position.

Background checks provide information on a candidate’s criminal record, employment history, education history, and more. This information is used to help verify an individual’s credentials and gain insight into their history.

Before conducting a pre-employment background check, employers must understand how they work and what laws apply. This guide covers the essentials of background checks in Idaho: the information they provide, how far back they go, how long they take, and the regulations to account for.

What Is an Idaho Background Check?

An Idaho background check is a screening process that verifies an individual’s identity and investigates their history. Employers use these checks to evaluate an applicant’s qualifications for a position. Background checks are thorough investigations of a candidate’s history, including, but not limited to, criminal, employment, and educational history.

HR departments often use background checks, but anyone interested in learning more about someone and verifying their identity can perform one. Employers frequently work with an outside company to conduct these searches; they can choose to incorporate a screening program for several reasons.

Employers often perform background checks during the onboarding process. They use these checks to verify the information provided by the applicant and investigate their history to make informed hiring choices. Background checks confirm an applicant’s qualifications and present valuable insight unavailable on a resume.

Companies also use background checks to evaluate managerial candidates. Because managers carry a high level of responsibility, these screenings may be more extensive than those used for entry-level employees.

Employers typically screen applicants for caring professions such as EMS personnel, first responders, and caregivers. These positions work with vulnerable populations such as children and elderly adults and require a more thorough investigation.

Caring professionals must be adequately screened to uphold the safety of their patients and clients. Standard checks include criminal history, credit, identity checks, and more applicable to the position.

Background checks promote a safe and productive workplace, reduce risk, and maintain a company’s reputation. Choosing the right search types for the applicable position is vital to finding the most qualified candidates.

What Does a Background Check Show In Idaho?

Idaho background checks show different details depending on the search type chosen. Search types include criminal and driving record checks, education, employment, and professional license verification.

• Criminal History: Criminal history searches show an individual’s convictions and pending criminal cases. Results reveal the offense’s date, type, and severity. Employers use these details to determine an applicant’s eligibility for a role.
• Civil Court Checks: Employers use civil court checks to search for lawsuits, foreclosures, restraining orders, and other civil matters, typically for financial and managerial candidates.
• Credit Background Check: Credit background checks examine an applicant’s credit history, including payments, collection accounts, and bankruptcies. These searches are useful in filling roles requiring financial responsibility.
• Employment Verification: Employment verification establishes a candidate’s past employment information and confirms if the information provided is accurate by revealing the past employer’s name, address, contact information, dates of employment, and positions held. Employers use the results to notice gaps in employment, omitted employers, and other insights into their employment.
• Education Verification: Education verification reveals an individual’s education history. This check shows their past schools, including institution names, addresses, contact information, attendance dates, and any degrees, diplomas, or certificates received. Thus, employers verify an applicant’s honesty and qualifications regarding their education.
• Identity Verification: Identity verification confirms an applicant’s name, address, Social Security number, and birth date. This search targets the threat of identity theft and ensures a candidate is who they claim to be. Employers can see if a stolen identity was used to apply for the position.
• Social Security Number Trace: A Social Security number (SSN) trace shows the issue date and state of an applicant’s SSN, associated names and addresses, and its validity. Employers use this search to verify the SSN belongs to the individual applying.
• Professional License Verification: Professional license verifications are conducted for roles requiring a professional license. These searches reveal the license’s issue date, type, expiration date, and validity. An applicant’s professional license status must be verified to ensure qualified employees and avoid negligent hiring claims.
• Sex Offender Registry Search: A sex offender registry search checks if an individual is currently registered as a sex offender. These searches reveal the offender’s aliases, address, conviction state, and telling characteristics. Employers typically conduct these searches for roles working with vulnerable communities such as children.
• Pre-Employment Drug Test: Several employers implement pre-employment drug screenings to keep a drug-free workplace. These tests are typically 5-panel drug tests that check for amphetamines, cocaine, opiates, PCP, and THC in the subject’s urine. While drug screenings reveal recent drug use, they do not suggest past or future substance abuse.
• Motor Vehicle Records Check: Employers who hire people to operate vehicles conduct Motor Vehicle Records (MVR) checks. MVR checks provide a candidate’s driver’s license details, traffic violations, and suspensions. Employers use these searches to examine applicants’ driving records, ensure they hold the appropriate license, and prove they are qualified and insurable.
• Social Media Checks: Though atypical, employers can conduct social media checks to gather a more complete image of a potential hire. Applications and resumes highlight a candidate’s exceptional qualities, while social media checks can provide a more relaxed idea of their behavior.

How Far Back Can a Background Check Go In Idaho?

Under the FCRA, background checks can search seven years into an applicant’s past for arrests, accounts in collection, civil lawsuits, civil judgments, and liens. However, there are exceptions.

The seven-year window only applies if the position pays less than $75,000 annually. For positions paying more, employers can view records from when the applicant turned eighteen. Employers can view information not covered under the FCRA, such as employment, education, or professional license information, at any time. Bankruptcies cannot be reported after ten years.

Idaho residents can seek to expunge criminal records. If successful, expunged records will not appear on background checks. If an employer happens upon expunged records, they are advised not to consider them when hiring.

How Long Does an Idaho Background Check Take?

Idaho background check turnaround times depend on the extent of the search and the type of information requested. Standard checks can yield results in a couple of hours to days.

Conducting a background check on your own is very time-consuming. Contacting past employers, searching court records, and verifying information can be very demanding for your HR team.

Employers can partner with a consumer reporting agency (CRA) to speed up the screening process. ScoutLogic’s extensive background check program provides accurate and efficient vetting services.

Idaho Background Check Laws & Requirements

Idaho employers must adhere to several laws and regulations to maintain legal compliance.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) applies to background check providers reporting information for employment background checks. Enforced by the Federal Trade Commission (FTC), the FCRA protects consumer privacy in the information collected by consumer reporting agencies.

Under the FCRA, consumer reporting agencies cannot report arrests without a conviction, liens, judgments, or civil lawsuits to positions with an annual salary less than $75,000 if they are seven or more years old. Ten-year-old bankruptcies also cannot be reported. This law does not apply to jobs paying more than $75,000 yearly.

Consumer reporting agencies can report other background information regarding an applicant. Idaho employers partnering with a third party for screening services must comply with FCRA regulations.

Employers must provide written notification of their intent to perform a background check and receive their consent. The FCRA guides employers on handling negative information on an applicant’s background check.

Before an employer can refuse an applicant based on background check results, they must complete the adverse action steps and provide the candidate with their FCRA rights.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants based on race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) enforces this federal law and guides employers through handling arrest and conviction information found on background checks.

Under the EEOC’s advisement, employers must evaluate a criminal record individually and relate it to the job description before refusing an applicant based on background check information.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act restricts federal agencies and contractors from inquiring about criminal records on applications. Affected employers cannot ask about an applicant’s criminal history until they’ve been given a conditional employment offer.

Employers hiring for roles requiring criminal history checks under federal or state law are exempted from the ban-the-box law.

Idaho House Bill No. 490

Idaho Legislature passed House Bill No. 490 in March 2024 and was signed into law shortly after. This law streamlines criminal background checks and requires applicants for licensure in the following professions to submit fingerprints during their screening:

• Nurses
• Wholesale drug distributors
• Physicians
• Physician assistants
• Naturopathic medical doctors
• Real estate brokers
• Real estate appraisers
• Audiologists
• Speech-language pathologists
• Licensed professional counselors (LPCs)
• Licensed clinical professional counselors (LCPCs)
• Licensed marriage and family therapists (LMFTs)
• Licensed tradespeople
• Driving instructors

Idaho Code § 67-3008

Under Idaho Code § 67-3008, employers must obtain written consent to request criminal records from municipal, county, and state government agencies.

Idaho Fair Employment Practices Act

The Idaho Fair Employment Practices Act is an anti-discrimination law enforced by the Idaho Human Rights Commission (IHRC). Like the FCRA, this law restricts employers from discriminating against potential hires and current employees based on race, color, religion, sex, national origin, or disability.

Under the IHRC, employers should consider the severity, recency, and number of convictions before refusing a candidate’s employment. Employers are also discouraged from asking about criminal history if it’s not relevant to the position.

Frequently Asked Questions

What Does Idaho Require for Background Check?

Idaho requires employers to maintain compliance with the FCRA, Title VII, HB 490, and Idaho Code § 67-3008. These laws help regulate background checks and the use of criminal history in hiring decisions.

Final Thoughts

Adhering to background check regulations and compliance guidelines is essential but tedious. Partnering with a reliable consumer reporting agency can streamline the screening process, so you receive high-quality information while maintaining compliance.

Use ScoutLogic for your background check needs. Our screening program covers all the essentials to ensure you have the information to find top candidates and make informed hiring decisions. Request a quote today or explore our background check services.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.