State Resources

Georgia Background Checks | NCS

Written by tammy | Sep 16, 2023 1:18:24 PM

 

 

 

Restrictions on Criminal Record Reporting

Since state background checks involve accessing a host of sensitive personal information about a candidate, a number of local, state, and federal regulations apply to ensure fair hiring practices. 

 

Accessing Arrest and Conviction Records

In Georgia, it is legal for all private and most public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. As we’ll explore, the state and a handful of counties have enacted limited ban-the-box laws, which must be considered to remain compliant when conducting background screening in certain jurisdictions. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.

Employers are not allowed to ask about or consider arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction, may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges.

Georgia laws require employers to follow several steps for notifying candidates if their criminal histories lead to adverse hiring decisions. This law follows the Fair Credit Reporting Act, which all employers must follow nationwide.

 

 

 

 

Drug Screening

With a few easy steps, your employees can schedule their drug screen at a collection site they choose at a time that is convenient for them. DOT testing is also available.

 

 

Electronic Form I-9 & E-Verify Management

NCS can help you comply with the law with our easy-to-use system that guides and stores new hire Form I-9s online and returns E-Verify results instantly.

 

 

Ban the Box Policies – Municipal and County 

Georgia has enacted several laws and ordinances – both statewide and jurisdictional – that ban employers from asking applicants about their criminal history on job applications. In February 2015, the governor signed an executive order banning the box from all state employment applications. Similar legislation that only applies to government jobs followed in several cities and counties throughout the state.

They include: Albany, Atlanta, Augusta, Chatham County, Cherokee County, Cobb County, Columbus, Dekalb County, Dougherty County, Fulton County, Macon-Bibb County, Muscogee County, and Richmond County.

In the cities of Augusta and Columbus, employers are required to wait until they have made a conditional offer of employment to run a background check.

Since the extent of these county ban the box regulations vary on a case-by-case basis, it’s important for public employers to stay aware of the distinctions that apply within their jurisdiction.



 

 

 

 

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Navigate State Background Checks and Compliance with NCS

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Contact us today to learn how our services can seamlessly integrate with your HR needs, and help you hire with confidence and peace of mind about the regulations that apply to your organization.

 

 
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