An Employer’s Guide to Maine Background Checks

Building a qualified workforce requires several tools. One of these tools, background checks, helps employers hire top talent by investigating an applicant’s past and weighing their fit for the job.

Background checks provide useful information regarding a candidate’s criminal, educational, and work experience. Employers must familiarize themselves with the screening process and the applicable laws before implementing a background check program.

Here, we cover all the necessary details about Maine background checks: what they reveal, how far back they go, how quickly they yield results, and how they’re affected by laws.

What Is a Maine Background Check?

A Maine background check is a screening process that examines an individual’s history. Typically undertaken before employment, these screenings are used to verify an applicant’s identity and assess their fit for the job.

Employers implement background check programs to recruit top talent. Background checks consist of several searches that confirm a candidate’s identity and examine their qualifications. These searches highlight a candidate’s credentials and provide insightful information beyond what’s supplied on a job application.

Employers also incorporate screenings within their organization. These background checks may be more extensive than pre-employment checks, depending on the position in question. For instance, managerial roles demand more responsibility than entry-level positions, so candidates up for management may undergo more thorough examinations.

Employers also use extensive searches to fill caring positions, such as EMS personnel, caregivers, and first responders. People in these positions work with vulnerable populations, including children and the elderly, and must be thoroughly vetted to protect those demographics.

An exhaustive screening program fosters a safe workplace, reduces liability, and upholds a company’s image. Maine employers must implement the appropriate searches for the given roles within their industry to recruit ideal candidates. Common searches include criminal and civil record checks, education and employment verification, and Social Security number traces.

What Does a Maine Background Check Include?

Maine background checks include certain details specific to the search type performed. Search types include, but are not limited to, criminal and civil history, credit background checks, and professional license verification.

• Criminal History: Criminal history searches show a candidate’s pending criminal cases and convictions. Details include the offense date, type, and severity. Criminal records don’t automatically disqualify a candidate from employment, but they can influence hiring decisions.
• Civil Court Check: Civil court checks reveal an applicant’s lawsuits, foreclosures, restraining orders, and other civil matters. These searches are typically used to fill managerial and financial positions.
• Education Verification: Education verification confirms a candidate’s past educational institutions, including names, addresses, contact information, attendance dates, and certificates awarded. This search affirms a candidate’s honesty about their education.
• Employment Verification: Employment verification verifies a candidate’s past employers, including their names, addresses, contact information, employment dates, and positions held. This search can reveal gaps in employment or omitted employers.
• Credit Background Check: Credit background checks unveil a candidate’s credit history, including payments, accounts in collection, and bankruptcies. Employers typically use these checks for positions with financial responsibility.
• Identity Verification: Identity verification confirms an applicant’s name, address, Social Security number, and date of birth. This search type reveals if a stolen identity has been used to apply for the job. It ensures a candidate is who they claim to be and prevents identity theft.
• SSN Trace: Social Security number (SSN) traces search a proprietary database with prior names, addresses, and dates of birth associated with the SSN provided. These searches compose an address history for the applicant and recognize potential alias names and dates of birth. These traces use non-confidential header information recorded every time the candidate uses their SSN, such as for credit cards, loans, mortgages, and utilities. They’re used for identification purposes and shouldn’t be considered in hiring decisions.
• Professional License Verification: Professional license verification confirms a candidate’s professional license information, including issue date, license type, expiration date, and validity. Employers use these checks to fill positions requiring specific credentials. They guarantee an applicant’s qualifications and avoid negligent hiring claims.
• Motor Vehicle Records Check: Motor vehicle records (MVR) checks show a candidate’s driver’s license information, traffic violations, and points or suspensions. Employers conduct these checks to fill positions requiring vehicle operation. They reveal a candidate’s driving record and ensure they are qualified and insurable.
• Sex Offender Registry Check: Sex offender registry checks reveal if a candidate is a registered sex offender at the time of the search. These checks show the offender’s aliases, address, state of conviction, and physical features. Employers use these checks to fill roles working with vulnerable communities, such as children.
• Pre-Employment Drug Test: Employers implement pre-employment drug tests to uphold a safe and productive work environment. These screenings typically employ 5-panel drug tests that detect amphetamines, cocaine, opiates, PCP, and THC in the candidate’s urine. They reveal the applicant’s recent drug use, but cannot reveal if they have abused substances in the past.
• Social Media Check: Social media checks observe a candidate’s behavior outside of the workplace. While not often included in background check programs, employers may conduct these searches for a more relaxed view of candidates.

How Far Back Does a Maine Background Check Go?

Under Fair Credit Reporting Act (FCRA) guidelines, background checks may delve seven years into a candidate’s history for civil lawsuits, judgments, liens, accounts in collection, and arrests. Background checks can extend ten years back for bankruptcies.

The seven-year lookback period is only applicable to jobs offering less than $75,000 annually. Employers may view records since the applicant turned eighteen for jobs offering more than $75,000 annually. Employment, education, and professional license information have no access restrictions.

How Long Does a Maine Background Check Take?

The length of time a background check takes depends on the search type and extent. For instance, criminal records checks at the federal level may yield results in a day, while a more extensive search through state and county levels may take several days.

Performing background checks yourself can prolong the process. While online records can be obtained fairly quickly, reaching out to past employers, flipping through court records, and confirming information can be very tedious.

Streamline the screening process with a qualified consumer reporting agency. ScoutLogic offers a thorough background check program that provides accurate and efficient results while maintaining compliance.

Criminal History Checks

Criminal history checks return results depending on the extent of the search and the jurisdictions involved. Federal-level searches may produce results within a day, but employers may choose to include state and county-level searches for a more complete view of a candidate’s criminal history. These additional searches can extend turnaround times to several days.

Dealing with multiple jurisdictions and international searches can delay the process even further. Record digitization and court efficiency also influence turnaround times.

Employment Verification

Employment verification can produce results in a matter of minutes if the applicant’s employment history is found in The Work Number. Otherwise, verification can take one to three business days to manually check records. Result times are influenced by past employers’ response times, the extent of the candidate’s work experience, and whether international employment is involved.

Education Verification

Education verification can take anywhere from a few minutes to a few days. Employers can access records stored in the National Student Clearinghouse within minutes, but information that hasn’t been digitized must be obtained directly from the applicant’s past schools. Contacting institutions and verifying information can take a few days, depending on the registrar’s response times.

Motor Vehicle Records Check

Motor vehicle records (MVR) checks can return results within minutes if the documents are stored online. Otherwise, employers must submit an MVR check request through a government agency. Because this process is completed through the mail, it can take weeks. The Maine Bureau of Motor Vehicles stores driving records online.

Drug Testing

Drug test turnaround times depend on the type of test administered and the lab’s processing efficiency. Rapid tests can produce results within a few hours, but more extensive tests yield results in one to three business days. A positive result is typically followed by another round of screening, delaying the process further.

Maine Background Check Laws & Requirements

Maine employers navigate background checks with federal, state, and county laws in mind. Some employers are required by law to conduct background checks, while others implement them to maintain a safe and efficient work environment. Maine employers must be familiar with the applicable laws and regulations before performing background checks.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law applying to credit reporting agencies (CRAs) reporting information for employment background checks. Enforced by the Federal Trade Commission (FTC), this law limits the information CRAs can report to protect consumer privacy.

Under the FCRA, CRAs cannot report certain information older than seven years for jobs offering less than $75,000 a year. Protected information includes arrests without convictions, civil lawsuits, accounts in collection, judgments, and liens. CRAs cannot report bankruptcies older than ten years. Positions offering more than $75,000 a year are exempt from this restriction.

Consumer reporting agencies can deliver all other information about an applicant. Maine employers teaming with a third party to implement a screening program must adhere to FCRA guidelines. Employers must notify applicants of their intent to conduct a background check and receive their written consent.

The FTC also guides employers on how to deal with negative information found on background check results. Employers must perform the adverse action steps and supply applicants with their FCRA rights before denying employment based on information found on a background check.

Title VII of the Civil Rights Act of 1964

Title VII is a federal law that prohibits workplace discrimination based on race, color, sex, religion, or national origin. The Equal Employment Opportunity Commission (EEOC) enforces and guides employers on dealing with arrest and conviction records found on background check results.

According to the EEOC, employers must assess criminal records individually and relate them to the specific position in question before denying employment based on background check results.

Substance Use Testing Law

Under the Substance Use Testing Law, Maine employers wishing to incorporate a drug testing program must develop a drug-free workplace policy approved by the Maine Department of Labor. They must also notify employees and applicants of their intent to implement a program.

Medical Use of Marijuana Act

The Medical Use of Marijuana Act prohibits employers from denying employment based on the applicant’s status as a medical marijuana patient unless hiring the applicant would violate federal law or affect federal funding.

Employers are not restricted from testing for marijuana or prohibiting its use in the workplace as long as they have received approval from the Maine Department of Labor. Because medical and recreational marijuana are handled differently under Maine’s laws, employers should seek legal counsel to develop drug testing policies.

Social Media Privacy Law

Maine has their own social media law to protect applicants’ and employees’ privacy. Under the Social Media Privacy Law, Maine employers are prohibited from the following:

• Requiring, coercing, or requesting an applicant or employee to disclose their password
• Requiring, coercing, or requesting an applicant or employee to access their social media account in the presence of the employer
• Requiring or coercing an applicant or employee to disclose any social media account information
• Requiring an applicant or employee to add someone to their contact list
• Requiring or requesting that an applicant or employee alter settings to allow an employer to view the contents of their social media account
• Discharging, discipling, or threatening an employee for their refusal to comply with any of the aforementioned clauses
• Refusing to hire an applicant for their refusal to comply with any of the aforementioned clauses

Background Checks Verify Credentials, Protect Employers, and Ensure Compliance

Background checks help employers recruit the ideal people for the job, but they can be tricky to navigate. Introducing a screening program can present challenges, ranging from determining which search types to include to understanding which laws apply. Teaming with a reputable background check company can yield quality results while maintaining compliance.

ScoutLogic streamlines the screening process with accurate and efficient results. Our screening programs cover all your bases and produce valuable insights to help you onboard qualified personnel and adhere to legal guidelines. Learn about our background check services and contact us today.

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.