An Employer’s Guide to North Dakota Background Checks

Whether your company is new to requesting background checks or is looking for a more efficient way to collect the data it needs, it’s no surprise that trying to conduct a background check yourself is extremely difficult and time-consuming. 

What Is a North Dakota Background Check?

Depending on what industries your company encompasses will alter what type of background checks are most suitable for you and the role. This involves hunting through civil court databases, reaching out to educational bodies, and previous employers, among other methods. When trying to conduct a background check yourself, it can be an arduous, often stressful, task, especially if you don’t know where to begin. That’s why ScoutLogic can help you navigate the process and relieve the pressure on HR departments.

One of the most important factors in proceeding with a background check in North Dakota is ensuring you understand what can and can’t be checked, as well as the laws (federal and state) that need to be followed during the process. If you skip steps because you’re busy trying to obtain a check quickly and without assistance, this could result in costly lawsuits. 

What Shows up on a North Dakota Background Check?

It’s vital to understand what can and can’t be checked in North Dakota and why you might choose to opt for a background check of various kinds. For example, 

• Drug Testing - In a pre-employment context, drug testing often involves screening candidates for the use of illicit drugs and sometimes the misuse of prescription drugs. More often than not, this is requested to ensure that the prospective candidate can be relied upon to keep the working environment drug-free. However, this could also be requested where the use of drugs (illicit or otherwise) could pose a genuine danger to the employee or other people.
• Criminal Background Check - A criminal background check is a very common procedure that is often requested when the role requires the candidate to work with children or vulnerable members of the community. Likewise, a criminal background check can be requested if the role requires a level of responsibility or safety, to provide employers with peace of mind. In a criminal background check, felonies, misdemeanors, incarceration records, or pending cases can be revealed.
• Professional License Verification - Employers often want to hire the perfect person for the job, and some roles require specialist licenses that can’t be obtained at a college or high school. From medical roles like nursing to financial advising and engineering, many roles require a license that needs to be verified to ensure that it’s up-to-date and valid. 
• Education Verification - Much like a professional license, employers often want to check that the educational qualifications needed for the role are being met by the candidate. An education background check involves contacting the high school or college that the candidate attended and confirming the diplomas or degrees that they received. It also checks other professional qualifications.
• Employment Verification - A candidate’s employment background and the transferable skills they gain during this time are crucial to ensuring they are the best person for the job. It’s understandable then that employers would like to clarify these positions. This check can verify job titles, dates of employment, and sometimes roles or responsibilities. 

How Far Back Can a Background Check Go in North Dakota?

How far back a background check goes will depend on the federal and state laws of North Dakota, as well as what the background check consists of. For example, an educational background check is relatively simple compared to a criminal background check because of important laws.

The Fair Credit Reporting Act (FCRA) and North Dakota's record-sealing laws may affect how far back certain information can be reported. Under the FCRA, for positions with an annual salary of less than $75,000, non-conviction and civil records are generally limited to the seven years preceding the background check. This limitation applies to items such as arrests not resulting in convictions, civil lawsuits, civil judgments, paid tax liens, and bankruptcies, but does not apply to criminal convictions, which may be reported subject to applicable state law.

However, if the salary is over $75,000 each year, then the 7-year rule doesn’t apply. On top of this, any criminal convictions (no matter how old) can be included. Unless successfully sealed. The North Dakota sealing law allows individuals convicted of certain criminal misdemeanors or felonies to petition to have their records sealed. If lawfully successful, then the information won’t appear on a background check, no matter when it occurred.

How Long Does a Background Check Take in North Dakota?

How long a background check takes in North Dakota depends on multiple factors, but primarily how thorough the check is and whether you decide to do this yourself or enlist the help of professionals are the biggest determining factors. Of course, the more elements you want to check, the more time-consuming the background check will be. 

However, a factor that you can control is how stressful the process is; if you try to obtain the information yourself, you need to learn where to go and what to ask for, as well as searching through extensive databases. Even a more straightforward check like education verification still requires you to get in touch with the candidates' schools or colleges to confirm the information that you have, which, for most, is a lot of work on top of already busy schedules. 

With the help of a professional, you can browse all the search types and decide which background check is the best for you, and then go from there, making the process hassle-free. 

North Dakota Background Check Laws & Requirements

FCRA

The FCRA is a federal law that applies to all states. It ensures the safety of the prospective employee’s information as well as how it’s handled by employers. As such, there are various rules, aside from the 7-year rule, that employers must abide by to ensure a fair and legal process. 

One of the core understandings to execute is that it is against the law to conduct a background check on an individual without their written consent. You must notify the candidate and wait for their consent before proceeding with the check. 

Additionally, if you find information in the report that means you no longer wish to hire the candidate, then the candidate has to be notified so that they can respond to the report should there be any errors. Failing to do this would give the prospective employee grounds to sue. 

Title VII of the Civil Rights Act of 1964

Thanks to this federal law, employers cannot only conduct background checks on candidates based on their characteristics. If done so, this will be counted as discrimination. 

However, if background checks are conducted and the employer finds something concerning, like a past conviction, then they legally have to measure the conviction against the role that they’re hiring for. For example, a petty theft may not be enough grounds to reject a candidate, and if it is, the employer must be able to present reasons why before dismissing the candidate. 

State Ban-the-Box Law (Public Sector)

While some states have Ban-the-Box laws for both public and private sectors, in North Dakota, this law only applies to the public sector. This law means that employers are not allowed to ask (either verbally or in writing) about a candidate’s criminal history before they’ve had an interview. This law aims to tackle the stigma surrounding those with a criminal history and to ensure that everyone is given a fair chance at an interview without discrimination. 

Once the interview stage is over, employers can ask about criminal history. However, in the private sector, this law doesn’t apply. In the private sector, you are legally allowed to ask about criminal history at any stage of the hiring process. 

North Dakota Sealed Records Law

Individuals with certain convictions may petition the court to determine whether their record is eligible for sealing. In general, misdemeanor convictions may be eligible three years after the date of conviction and after the individual has completed all terms of imprisonment, probation, or supervised release related to the offense. For eligible felony convictions, the waiting period is generally five years after the date of conviction and completion of all sentencing requirements. Certain offenses, including violent crimes and sex offenses, are not eligible for sealing.

Once a record has been sealed, it generally cannot be included in a background check, except where otherwise permitted by law. As a result, sealed records are typically not reported during employment background screenings.

Frequently Asked Questions

What is the background check law in North Dakota?

Many laws govern what is (or isn’t) included in a background check in North Dakota, including both federal and state laws. The FCRA and human rights law are federal laws designed to prevent discrimination during the hiring process, while local laws create further requirements. 

Final Thoughts

Ultimately, a pre-employment background check can be an essential part of the hiring process to ensure that you hire the right candidate for the job. But there are several laws (both federal and state-wide) that are in place to protect against discrimination and ensure a fair process for all. That being said, it can make obtaining the information you need more difficult if you try to do it by yourself.