Rhode Island background checks can help employers learn more about a job candidate or prospective volunteer’s criminal history, driving records, and past employment to offer insight into a candidate’s experience and qualifications. However, employers must comply with federal, state, and local regulations that impact how and when background checks may be conducted. Here’s what you need to know about Rhode Island background checks.
A Rhode Island background check searches public records, databases, and other sources for information about a candidate’s history, professional qualifications, and eligibility for a job or volunteer position. Employers may choose to conduct comprehensive background checks to fit their background check policy.
By law, the state of Rhode Island requires a criminal history screening for a number of positions, including nurses, childcare workers, church volunteers, foster care parents, and private security personnel. Here’s a quick table showing of some of the positions that require pre-employment background checks in Rhode Island:
Rhode Island Background Check Laws
Rhode Island background check laws can impact how and when employers conduct pre-employment background screening, and what information they may consider during a background check. Rhode Island has a statewide ban-the-box law that applies to both public and private sector employees. Additional state laws include provisions relating to expunged criminal records, social media accounts, wage history, and credit reports.
In addition to state laws, the federal Fair Credit Reporting Act (FCRA) applies to background checks conducted by consumer reporting agencies (CRAs), like GoodHire. To avoid legal liability, employers may want to comply with the strictest laws and regulations.
BAN-THE-BOX
This state law prohibits both public and private employers (with more than four employees) in Rhode Island from asking whether a candidate has ever been arrested, charged with, or convicted of a crime on a job application. The law makes an exception for positions in law enforcement or where a past conviction would be disqualifying: for example, jobs that require a fidelity bond. Employers may inquire about a candidate’s past criminal convictions during a first interview. However, employers may not ask about arrests that did not result in conviction at any point.
EXPUNGED RECORDS
Under R.I. Gen L § 12-1.3-4, candidates who have had criminal records legally expunged in Rhode Island can state to a prospective employer that they have not been convicted of an offense, unless this information is required as part of an application for a position in law enforcement, childcare, teaching, or coaching. With similar exceptions, custodians of these records may not disclose expunged information. Agencies reporting criminal history information should not report expunged records.
SOCIAL MEDIA ACCESS
Under R.I. Gen L § 28-56-2, employers may not require, coerce, or request a job applicant to disclose their social media passwords or other access information. Employers are also prohibited from asking a candidate to access social media accounts in their presence.
WAGE HISTORY
Using a person’s past wages to set their wages on a new job can help to perpetuate wage inequality. To encourage pay equity, R.I. Gen. Laws § 28-6-22 prohibits employers from inquiring about a candidate’s prior wage history or using it as a determining factor when deciding whether to hire or what to pay.
CREDIT REPORTS
Under R.I. Gen. Laws § 6-13.1-21, employers must inform candidates that a credit report may be requested in connection with their application. Employers must advise candidates of adverse action taken as a result of information in a credit report, and should disclose the name and address of the credit bureau making the report.
FAIR CREDIT REPORTING ACT (FCRA)
Employers that partner with a CRA to conduct background checks must follow the guidelines outlined in the FCRA. To comply with this federal law, you must provide candidates with written notice of your intent to conduct a background check and obtain written consent from the candidate before proceeding. If you decide not to hire a candidate based on information contained in a background screening report, you must also follow the adverse action process