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The Rules Around Who Must Pay for a Background Check

Can an employer ask me to pay for my own background check? You’ve applied for a job and perhaps completed an interview. A prospective employer wants you to pay for the background check, too. Is this a legal practice?

Surprisingly, to some, the answer is yes. There are a few exceptions, however. Different states have varying laws on the subject. Most applicants don’t expect to pay to apply for a job. Typically, companies have policies to cover applicant background check costs. It streamlines the hiring process and doesn’t shift the burden to job-seekers. However, not all companies have such policies. Some may choose to pass the costs along either way. Here’s our quick guide to the laws in the United States.

States That Bar Employers From Requiring Applicants to Pay

The following states have laws prohibiting employers from expecting payment from applicants for their background checks.

California

California’s labor code clearly defines who pays for employment background checks. Under section 222.5 of the California labor statutes, employers must pay for screening. Applicants do not have to pay for drug tests or background checks. Employers in this state should always expect to carry the costs of screening applicants.

Iowa

Iowa is another state with a law about state background checks. Some of these checks run through the Division of Criminal Safety Investigations – a part of Iowa’s Department of Public Safety. Employers who use these resources must pay for the checks themselves. They cannot require the applicant to bear the cost. However, background checks through county courts are different. Employers could require applicants to cover such costs if they wish.

Kansas

Like Iowa, Kansas makes it illegal to request an applicant to pay for a check run through a state agency. The law applies to criminal records obtained through any State criminal justice agency. The statute’s wording is vague but may apply generally to background checks. However, county and other checks conducted outside the state don’t apply. Employers could require payment for these extra steps.

Kentucky

This state’s statutes declare that employers can’t require payment for some checks. For example, requiring applicants to pay for a medical examination, including drug tests, is unlawful. Likewise, applicants cannot bear the cost of furnishing records. Employers must pay for criminal background checks, driving record checks, and more. This law applies to all background checks, not just those conducted through a state agency.

Louisiana

Louisiana has extensive legislation on this subject. Employers must cover expenses for all the following:

• Criminal background checks
• Fingerprinting
• Medical exams
• Drug tests
• Other searches or checks made on applicants or existing employees

The law applies to both public and private employees.

Massachusetts

According to the state’s Guide to Criminal Records in Employment, employers cannot ask you to provide your own report. The law is not explicit about whether this means an employer may require payment for the report. However, it is best to err on the side of caution. Providing a report may mean the same as paying for a report to some courts.

Minnesota

In this state, the law is unambiguous that only employers pay for criminal background checks. All expenses incurred in the process are the company’s responsibility. The law applies to credit checks, orientation, and general expenses. Therefore, employers can’t require applicants to pay for any part of the hiring process.

Vermont

Vermont law applies only to state criminal history checks like Iowa and Kansas. Employers can’t require applicants to pay for records provided by the Vermont Criminal Information Center. They can pass along the cost of other checks, such as credit reports, to the applicant.

States With No Relevant Legislation

Beyond the states listed above, there is no relevant legislation. Employers in the remainder of the United States generally have the freedom to ask applicants to pay for their reports. You may also need to pay for other tests based on employer requirements. Of course, that’s not to say that all or even most employers in these states will do so. Placing a financial barrier before a job application will limit who applies. Businesses could struggle to attract talent due to such practices.

As background checks are a critical part of the hiring process, more employers have created budgets for them. This resource helps avoid the need to pass costs along to applicants. Companies that re-check existing employees also are likely to pay for these services. Otherwise, employees would face a continuous financial burden.

In volunteer settings, asking individuals to pay for their checks is more common. This case is especially likely for non-profits and other organizations with limited budgets. Parents volunteering in schools will often need to pay for their own checks. Likewise, those volunteering with a church or a youth sports organization may need to provide a paid report. Find out more about these subjects with support from backgroundchecks.com.

Know Your Rights When Applying for Work

Today, it is uncommon for most employers to require applicants to pay for their own vetting: cost-effective resources and comprehensive support from providers such as backgroundchecks.com help. For applicants, though, it is essential to understand that some employers may still ask. In most states, doing so does not break the law. Ensure you know the law in your area. Read job applications carefully to understand screening requirements. Apply for jobs with clarity about what you must pay—and when it’s the employer’s responsibility to pay for a background check.