State-based Background Check Checklist 2025

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On March 23, 2021, Governor J.B. Pritzker signed HB 3056 into law, which is known as the Employee Background Fairness Act (EBFA). This law limits the ability of employers to disqualify applicants based on their convictions unless specific exceptions apply and the employer completes the required process.
What is the difference between a state and federal background check? State background checks search criminal records at the state or county level, including state court records, law enforcement records, and corrections department records. Federal background checks search for federal crimes from all US district courts.
A state background check searches state data sources such as state court, law enforcement, or corrections department records. A federal background check, on the other hand, shows information about federal crimes, such as violations of federal criminal law or crimes committed on federal land or across state lines.
High Risk positions require a full Background Investigation (BI), which is a MBI plus a review of the candidates employment, residential, and educational history for the preceding five years with the possibility that some of the information sources will be interviewed in person.
An FBI background check, on the other hand, is a type of search conducted by authorized agencies and industries to access information from the FBIs National Crime Information Center (NCIC) database, which includes a history of arrests and convictions, as well as any contact with law enforcement.
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Common disqualifiers found in a federal background check include: Felony criminal convictions. Arrests for serious misdemeanors. Financial issues indicating irresponsibility.
In states like California, criminal background checks go back seven years. However, some states allow a deeper look into your past if the job pays a higher salary (usually over $75,000). Some government jobs or jobs with access to sensitive information may allow - even require - background checks further.

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