An Employer’s Guide to Wyoming Background Checks

Background checks in Wyoming can cover a range of areas, but what’s reported hinges on what background check you choose and the local and federal laws that dictate the process. So read on to discover what a Wyoming background check can consist of and why enlisting the help of experts can elevate your hiring process. 

What Is a Wyoming Background Check?

A background check in Wyoming is a crucial part of the hiring process; in the throes of the hiring process, it can be a challenge to find the perfect person for the job. Sometimes it feels as though there aren’t enough good candidates, and sometimes it feels like there are so many that making a shortlist seems impossible.

However, a background check is integral to finding the best possible person for the role. With a background check, you can discover and verify information on prospective employees, from education, previous employment, driving records, and criminal history (to name a few).

Employers must comply with both federal regulations and Wyoming state laws. For instance, the federal Fair Credit Reporting Act (FCRA) governs how candidate background checks are requested, used, and reported to ensure accuracy and candidate privacy.

What Shows up on a Wyoming Background Check?

Depending on the type of background check you want to conduct, what a background check consists of will also change. If you are only looking into one specific area, for example, previous employment, only a candidate’s previous employment details will be shown. If you wish to conduct checks across various areas, then more information will be disclosed. It’s vital to stay informed about each type of check so that you choose the right one (or ones) for your hiring process. 

• Criminal History - Standard criminal searches reveal felony and misdemeanor convictions, active warrants, pending cases, and incarceration records. (Note: Non-conviction arrests older than 7 years are excluded under FCRA guidelines.)
• Education Verification - Not every role requires a vocational degree from a college or a high school diploma. Yet, for many roles and companies, these qualifications must be confirmed before the prospective candidate starts the role. An education verification will check with high schools and colleges the legitimacy of the candidate’s qualifications and certificates, as well as other professional qualifications. 
• Previous Employment Check - Whether a candidate is suitable for a role or not largely depends on their previous experience and transferable skills. That’s why you must have the ability to verify a prospective employee’s previous places of employment. These types of background checks will reveal previous places of employment, and sometimes previous roles and responsibilities. 
• Employment Credit Check - When a job role involves handling the company’s finances, or it’s a high-profile job role, then you might want to assess the credit history of a prospective employee to determine their level of financial responsibility. A credit check will reveal the candidate’s credit history, but it won’t reveal their credit score; nor will the soft inquiry affect the prospective candidate’s credit score. 
• Driving Records Check - Should the job role require a candidate to drive under the company’s name, a background check must be conducted to verify their driving record. As well as this, a driving record check also reveals DUI convictions, points on their license, traffic violations, citations, and accidents. And with car accidents on the rise, it’s especially important to hire the right person for the job when it involves vehicles.  
• Drug Testing - As part of a background check, drug testing for illicit substances or the misuse of prescription drugs is an option for companies wanting to ensure a drug-free workspace. This can help to mitigate risks and ensure the safety of coworkers and the employee themselves.  

How Far Back Can a Background Check Go in Wyoming?

The lookback period for background checks in Wyoming depends on federal law and the type of record being retrieved:

Non-Conviction Records Fair Credit Reporting Act (FCRA): Under the federal FCRA, non-conviction records, including arrests without conviction, civil judgments, and tax liens cannot appear on reports after 7 years for positions paying under $75,000 annually. For positions paying $75,000 or more, this restriction is lifted.

Criminal Convictions: Wyoming state law does not restrict how far back employers can review criminal conviction records. Unless a record has been expunged or sealed by a court, conviction records can legally appear on background checks indefinitely.

Education and employment history are not subject to the seven-year limits but remain subject to the FCRA's accuracy, consent, and adverse action requirements.

How Long Does a Background Check Take in Wyoming?

The period of time it takes to obtain a background check largely depends on how thorough the check is; the more areas you want information on, the longer it will take. Additionally, the turnaround time depends on whether you want to try and obtain the background information yourself or enlist the help of professionals.

If you try to do a background check yourself, it's important to bear in mind that this will require contacting companies and organizations directly, as well as navigating unfamiliar databases, which can be time-consuming on top of your already extensive workload. That's why partnering with ScoutLogic is a great alternative. Scouts manage background check updates in under 24 hours - so you're never waiting weeks for results - and complete over 97% of verifications successfully, compared to an industry average of around 75%, which means fewer stalled hires and less time spent chasing down incomplete reports. With a candidate dispute rate below 0.02%, you can also trust that the information you're acting on is accurate, so you can focus on hiring the right person and preparing an efficient onboarding process.

Wyoming Background Check Laws & Requirements

(Disclaimer: This overview isn't exhaustive. Employers are encouraged to consult legal counsel for guidance specific to their hiring program.)

Fair Credit Reporting Act (FCRA)

To remain compliant when using a Consumer Reporting Agency (CRA), employers must adhere to a strict two-step process:

• Written Disclosure & Authorization: Before ordering a check, you must provide a standalone disclosure informing the candidate that a background check will be performed and receive their signed consent.
• Adverse Action Process: If findings in the report lead you to consider rejecting the candidate, you must follow the two-step adverse action procedure:
• Pre-Adverse Action: Send the candidate a notice including a copy of their report and a summary of their FCRA rights, giving them reasonable time to dispute inaccuracies.
• Final Adverse Action: If you proceed with the rejection after the dispute window, send a formal adverse action notice explaining the decision.

Title VII of the 1964 Civil Rights Act

The Equal Employment Opportunity Commission (EEOC) is in charge of enforcing this civil rights act, which was enacted to protect individuals from unfair discrimination in and out of the workplace. If a background check reveals a prospective candidate has a previous criminal conviction, then the employer needs to individually assess the case and how it directly relates to the role’s responsibilities. A prospective employee generally cannot be rejected solely because they have a criminal history; there has to be a justifiable and legitimate reason that relates to the role. 

Sealed and Expunged Records

Under state law in Wyoming, if a criminal conviction has been legally sealed or expunged, then this won’t appear on a criminal background check. Likewise, this is information that the prospective employee doesn’t need to disclose to the employer, even if asked about their criminal history. Additionally, the employer cannot ask about sealed or expunged criminal convictions. 

No “Ban the Box” 

An estimated 65 million people have been arrested or convicted of criminal offenses, so background checks often affect many people. While there is no federal “Ban the Box” law, many states adopt this law to prevent unfair discrimination, meaning that employers cannot ask about criminal convictions until or after interview stages. However, in Wyoming there’s no “Ban the Box” law, meaning that criminal convictions or history can be asked about in the early stages of the hiring process. 

Final Thoughts

Ultimately, obtaining a background check in Wyoming can be a complicated process when you consider all of the necessary steps to obtaining one. This is especially true if you try to obtain a background check yourself. However, you should never have to sacrifice the efficiency of your hiring process in the search for the perfect person. That’s why it’s best to enlist the help of experts who complete verifications with a 97%+ success rate, without adding to your workload.