An Employer’s Guide to West Virginia Background Checks

A West Virginia background check is a process where a third party, typically an employer, investigates an individual’s history. Employers use these checks to confirm an applicant’s identity and credentials, and examine information pertaining to the job, such as criminal history.

Employers generally implement background checks prior to hiring a new employee to ensure they onboard the ideal personnel. These screenings involve several search types that verify an applicant is who they claim to be and assess their qualifications. Background checks emphasize a candidate’s credentials and present useful information beyond what is found on a résumé.

Background checks are also used within an organization, and more thorough screenings are enacted based on the scope of the job. Managerial positions require more responsibility than entry-level roles, so managerial candidates are under more scrutiny.

EMS personnel, caregivers, first responders, and other caring positions also require extensive healthcare background checks. Positions working with vulnerable demographics, such as children or the elderly, must be thoroughly investigated to protect those populations.

A thorough background check program promotes a safe work environment, reduces risk, and upholds an organization’s reputation. West Virginia employers must conduct the appropriate searches for the given positions within their industry to onboard qualified personnel. Common search types include criminal and civil history, education and employment verification, and credit background checks.

West Virginia background checks show details based on the search type performed. Search types include criminal and civil history checks, education, identity, and employment verification, as well as pre-employment drug testing.

• Criminal History: Criminal record checks reveal information detailing an individual’s pending criminal cases and convictions. Details include offense date, type, and severity. While a criminal record does not necessarily rule out employment, it can influence employers’ decisions.
• Civil Court Check: Civil court checks show an individual’s lawsuits, foreclosures, restraining orders, and other civil cases. Employers typically conduct these screenings to fill financial and managerial positions.
• Education Verification: Education verification verifies an individual’s past schools, including institution names, addresses, contact information, attendance dates, and certificates awarded. These verifications affirm an applicant’s honesty regarding their education.
• Employment Verification: Employment verification verifies an individual’s past employers, including their names, addresses, contact information, employment dates, and roles held. These verifications may unveil gaps in employment or omitted employers.
• Credit Background Check: Credit background checks show an individual’s credit history, including payments, accounts in collection, and bankruptcies. Employers often use these screenings to fill roles requiring financial responsibility.
• Identity Verification: Identity verification verifies an individual’s name, address, Social Security number, and date of birth. These verifications confirm that an applicant is who they claim to be and prevent identity theft. They reveal if a stolen identity has been used to apply.
• SSN Trace: Social Security number (SSN) traces search a proprietary database containing prior names, addresses, and dates of birth linked with the SSN provided. These searches generate an address history for the applicant and recognize potential alias names and dates of birth. SSN traces use non-confidential header information recorded every time an individual uses their SSN, such as for loans, mortgages, utilities, and credit cards. These traces are identification tools, not consumer reports, and should not be considered in the hiring decision.
• Professional License Verification: Professional license verification reveals the details of an individual’s professional license, including issue date, license type, expiration date, and validity. Employers use these verifications to fill positions requiring specific credentials. These searches confirm qualifications and curb negligent hiring claims.
• Motor Vehicle Records Check: Motor vehicle records (MVR) checks reveal an individual’s driver’s license information, traffic violations, and points or suspensions. Used to fill roles requiring vehicle operation, these searches show a candidate’s driving record and ensure they are qualified and insurable.
• Sex Offender Registry Check: Sex offender registry checks reveal if an individual is a registered sex offender at the time of the search. These checks show the offender’s aliases, address, state of conviction, and physical features. Employers use these checks to fill jobs working with vulnerable communities, such as children.
• Pre-Employment Drug Test: Employers implement pre-employment drug testing to encourage a safe workplace. These screenings typically consist of a 5-panel drug test that scans for amphetamines, cocaine, opiates, PCP, and THC in the test taker’s urine. These tests reveal an individual’s recent drug use, but cannot show if they have or will abuse substances.
• Social Media Check: Social media checks investigate a candidate’s behavior outside of the workplace. While not typically in a screening program, employers may implement these searches for a more relaxed view of potential hires.

The turnaround time of a background check depends on the search type and its extent. For instance, a federal criminal record search may take a day to deliver results, while a more extensive search through state and county levels may take a few days.

Conducting background checks yourself can significantly delay the process. While online databases can be accessed fairly easily, contacting past employers, sifting through court records, and verifying information can be very time-consuming.

Accelerate the screening process with a reputable consumer reporting agency. ScoutLogic offers an extensive background check program that delivers efficient and accurate results while maintaining compliance.

Criminal history checks

Criminal history check turnaround times depend on the extent of the search and the jurisdictions involved. Federal-level searches may yield results in a day, but employers may include state and county-level searches for a more complete view of an individual’s criminal history. More extensive searches can take several days to complete.

Searching through multiple jurisdictions and international searches can further delay the screening process. Record digitization and court efficiency also affect turnaround times.

Employment verification

Employment verification can deliver results in a matter of minutes if the candidate’s employment history is stored on The Work Number. Otherwise, verification typically requires one to three days to confirm information manually. Turnaround times depend on a past employer’s willingness to respond, the extent of the candidate’s work history, and whether international employment is involved.

Education verification

Education verification turnaround times range from a few minutes to a few days. Information stored in the National Student Clearinghouse can be pulled within minutes, but records that haven’t been digitized must be obtained directly from the applicant’s past schools. Reaching out to past institutions and confirming information may take a few days, depending on the school’s response times.

Motor vehicle records check

Motor vehicle records (MVR) checks can yield results within minutes if the records are digitized. If they are not available online, employers must submit an MVR check request through a government agency, a process that can last weeks. The West Virginia Department of Transportation offers online driving records requests.

Drug testing

Drug test turnaround times depend on the test type administered and the lab’s processing times. Rapid tests can deliver results within a few hours, but more thorough tests require one to three business days to yield results. A positive drug test typically requires administering a second test, elongating the process even more.

West Virginia employers handle background checks in compliance with federal, state, and county laws. Some employers must conduct checks by law, while others utilize them to uphold a safe and efficient workplace. Before implementing a screening program, West Virginia employers must be familiar with the applicable laws and regulations.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law that protects consumer privacy by limiting the information reported by consumer reporting agencies (CRAs). Enforced by the Federal Trade Commission (FTC), the FCRA applies to CRAs reporting information for employment background checks.

Per the FCRA, CRAs cannot report certain information older than seven years in background check results for positions offering less than $75,000 a year. Protected information includes arrests without convictions, civil lawsuits, liens, and judgments. Bankruptcies cannot be reported after ten years. These limitations do not apply to positions offering more than $75,000.

Consumer reporting agencies can include all other information regarding a potential hire. West Virginia employers teaming with a third party to perform background checks must adhere to FCRA guidelines. Employers must notify candidates of their intent to perform a background check and receive their consent.

The FTC also provides guidance on navigating negative information found on screening results. Employers must conduct the adverse action steps and provide candidates with their FCRA rights before declining employment based on background check results.

Title VII of the Civil Rights Act of 1964

Enforced by the Equal Employment Opportunity Commission (EEOC), Title VII is a federal law that prevents discrimination against applicants based on race, color, sex, religion, or national origin. The EEOC also guides employers on navigating arrest and conviction information found on background check results.

Per EEOC guidelines, employers are required to assess criminal records individually and determine their relation to the job description before turning down employment based on background check results.

Social Media Privacy Law

Under West Virginia Code §21-5H-1, employers cannot ask, require, or coerce applicants and employees to disclose their social media usernames and passwords or any other authentication information that provides access to their accounts. Employers cannot ask them to access their social media accounts in their presence or ask them to add the employer to their contact lists.

Employers are allowed to ask employees for passwords needed to access employer-issued electronic devices.

Expungement of Certain Criminal Records

Under West Virginia Code §61-11-26, people with misdemeanors or nonviolent felonies on their records can petition the court for expungement. A person with one misdemeanor is not eligible for expungement until one year after the conviction. A person with two or more misdemeanors is not eligible for expungement until two years after the last conviction. A person with a nonviolent felony is not eligible for expungement until five years after the conviction.

Expungement removes the conviction record from public access. Employers cannot ask about expunged criminal convictions. If background check results deliver an expunged record, employers are advised not to consider it when making hiring decisions.

Medical Marijuana User Employment Protections

Under the West Virginia Medical Cannabis Act, applicants and employees who are registered medical marijuana users have some employment protections.

Under West Virginia Code §16A-15-4, employers cannot discharge, threaten, refuse to hire, or discriminate against an applicant or employee solely based on the fact that they are a registered medical marijuana user.

Employers do not need to make any accommodation for the use of medical marijuana at work, and are not limited in their ability to discipline an employee for being under the influence of medical marijuana at work.