South Dakota Background Check Laws for Employers (2026)
South Dakota background check laws give private employers wide latitude, yet several state rules still shape every hire.
This guide explains the federal FCRA steps, lookback limits, record sealing, application question rules, driving records, and industry statutes in plain language.
South Dakota Background Check Laws at a Glance
South Dakota has no state version of the Fair Credit Reporting Act. Instead, the federal FCRA governs every employment background check that a screening company prepares.
Still, state statutes control record sealing, court access, driving records, cannabis testing, and licensing decisions. The table below lists each rule, its citation, and the agency that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no South Dakota mini-FCRA) | Requires a disclosure, written authorization, and adverse action notices. | FTC and CFPB |
| State criminal records | SDCL 23-5-10 to 23-5-12 | Keeps the fingerprint-based state rap sheet confidential; the subject may authorize release. | Attorney General, DCI Identification Section |
| Statewide court search | Unified Judicial System Public Access Records Search | Sells a $20 name-based search of court records from 1989 forward. | Unified Judicial System |
| Fair chance / ban the box | None statewide; no local ordinances | Employers may ask about convictions on an application. | Not applicable |
| Sealed and expunged records | SDCL 23A-3-27 to 23A-3-32; SDCL 23A-27-17 | Expunges eligible arrests and seals suspended imposition cases; restores pre-arrest status. | Circuit courts |
| Automatic removal | SDCL 23A-3-34 | Removes petty offenses, ordinance violations, and Class 2 misdemeanors from the public record after five clean years. | Unified Judicial System |
| Lookback limits | No state cap; FCRA, 15 U.S.C. § 1681c | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. | FTC and CFPB |
| Credit reports | No state restriction; FCRA; SDCL chapter 54-15 (credit freezes) | Requires FCRA consent and adverse action steps; a frozen file can delay a report. | FTC and CFPB |
| Salary history | No state law | South Dakota does not ban salary history questions. | Not applicable |
| Drug and marijuana testing | SDCL 34-20G-22 (as amended by SB 12, July 1, 2024) | Treats medical-cannabis patients like prescription users, except in safety-sensitive jobs. | Department of Health |
| Application questions | Title VII, ADEA, ADA, INA (federal); SDCL 20-13-10 | Bars pre-offer questions about protected characteristics, disability, and citizenship status. | EEOC; Division of Human Rights |
| E-Verify | No state mandate; Form I-9, 8 C.F.R. § 274a.2 | E-Verify stays voluntary; HB 1209 (2026) failed in the Senate on March 11, 2026. | USCIS |
| Social media | No state statute | South Dakota has no password-privacy law for applicants. | Not applicable |
| Driving records | SDCL 32-5-143 to 32-5-146; 18 U.S.C. § 2721 | Releases personal data from driving records with the driver’s express consent. | Department of Public Safety, Driver Licensing |
| Occupational licenses | SDCL 36-1C-17, 36-1C-18 | Lets boards deny a license only for directly related convictions. | State licensing boards |
| Schools | SDCL 13-10-12 | Requires fingerprint checks for every hire over 18 at an accredited school. | DCI and the FBI |
How the FCRA Applies to South Dakota Employers
South Dakota never passed its own consumer reporting act. As a result, federal law sets the process for every South Dakota employment background check.
The Federal Trade Commission explains these duties in its guide, Using Consumer Reports: What Employers Need to Know. Employers follow four steps with every applicant.
Clear Disclosure
Hand the applicant a clear written notice that you may order a consumer report. Keep it separate from the job application.
Written Authorization
Collect the applicant’s signed consent before you order any search. An electronic signature works as well.
Pre-Adverse Action
Share a copy of the report and the Summary of Rights before you decide. Then allow a reasonable time, often five business days, for a response.
Adverse Action Notice
Name the screening company and explain the right to dispute. Also state that the company did not make the decision.
South Dakota does add one credit-file wrinkle. Under SDCL chapter 54-15, consumers may place a free security freeze on their credit files.
A frozen file can therefore delay an employment credit report until the applicant lifts the freeze.
South Dakota Criminal Background Check Sources
Employers can reach South Dakota criminal records through two government channels.
Division of Criminal Investigation (State Rap Sheet)
The Attorney General’s Division of Criminal Investigation keeps the state criminal history file under SDCL 23-5-10. By law, SDCL 23-5-11 keeps that file confidential and exempt from public records requests.
However, SDCL 23-5-12 lets a person authorize release of his or her own record. The DCI Identification Section processes these checks by fingerprint only.
Applicants must use a Live Scan machine located in South Dakota. DCI charges $30 for a state check and $50 for a combined state and FBI check.
DCI does not refund fees, so confirm the applicant’s details before submission.
Unified Judicial System Court Search
The Unified Judicial System offers a statewide name-based court search. Its Public Access Records Search charges $20 per search, even when no record appears.
Coverage runs from 1989 to the present, while sealed cases stay hidden.
For faster results, BCS Background Screening LLC runs a real-time South Dakota statewide criminal search for employers. A county criminal court search adds direct courthouse research for $18 plus court fees.
How Long Does a South Dakota Background Check Take?
Turnaround depends on the searches you order. Name-based court searches often return within one business day.
By contrast, DCI fingerprint checks take longer, because the state processes prints and may forward them to the FBI. Verifications of past employers and schools depend on how quickly those sources respond.
How Far Back Does a Background Check Go in South Dakota?
South Dakota has no state statute that caps the lookback period for criminal background checks. Instead, Section 605 of the federal FCRA, 15 U.S.C. § 1681c, sets the time limits.
The Federal Trade Commission and the Consumer Financial Protection Bureau enforce that law.
Non-Conviction Records (Federal)
Arrests, dismissals, and other non-convictions drop off after seven years under § 1681c(a).
Criminal Convictions (Federal)
The FCRA lets screening firms report convictions regardless of age under § 1681c(a)(5).
Salary Exemption (Federal)
For jobs expected to pay $75,000 or more, the seven-year limit does not apply.
Automatic Removal (State)
Minor South Dakota cases leave the public record under SDCL 23A-3-34.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Sealed, Expunged, and Removed Records in South Dakota
Sealed, Expunged, and Set-Aside Records
State sealing laws shrink what a report can lawfully show. Under SDCL 23A-3-34, the court system removes petty offenses, municipal ordinance violations, and Class 2 misdemeanors from the public record after five years.
That removal happens automatically only when the person satisfies every court condition and gains no new conviction. The case record stays available to the courts and for sentence enhancement.
Similarly, a suspended imposition of sentence (SIS) leads to sealed records once the court discharges the defendant under SDCL 23A-27-17. Expunged and sealed cases should never appear on a compliant report.
| Record Type | Statute | Waiting Period | Key Limits |
|---|---|---|---|
| Arrest with no charge or a dismissal | SDCL 23A-3-27 to 23A-3-32 | Motion one year after the arrest | Circuit court order; restores pre-arrest status |
| Acquittal | SDCL 23A-3-27 to 23A-3-32 | Any time after acquittal | Circuit court order; restores pre-arrest status |
| Diversion | SDCL 23A-3-35 to 23A-3-37 | On completion of diversion | Case expunged |
| Suspended imposition of sentence | SDCL 23A-27-13, 23A-27-17 | On discharge | Every record sealed; person may deny the case |
| Petty offense, ordinance violation, Class 2 misdemeanor | SDCL 23A-3-34 | 5 years, automatic | Court conditions met and no new conviction |
Notably, SDCL 23A-27-17 shields a discharged person from perjury charges for not disclosing the sealed case. Never penalize a candidate for leaving a sealed or expunged South Dakota case off an application.
Sealed suspended-imposition records, arrests expunged by motion, and cases removed under SDCL 23A-3-34 must stay off reports. The person is restored to pre-arrest status, so treat the record as though it never existed.
The Collateral Consequences Resource Center tracks each of these relief options.
Arrests and Non-Convictions
South Dakota places no state restriction on arrest records beyond the federal seven-year reporting limit on non-convictions. However, an arrest alone proves nothing.
Base decisions on verified dispositions, not on arrests. Consider the underlying conduct only when it is job-related and you have reviewed the facts.
Does South Dakota Have a Ban-the-Box Law?
No. South Dakota has not enacted a ban-the-box law for private employers or public employers, and no city or county has a local fair-chance ordinance.
Employers may therefore ask about criminal history on the application itself. Even so, the question should relate to the job.
The Division of Human Rights administers the South Dakota Human Relations Act, SDCL chapter 20-13. Its pre-employment inquiry guide labels record questions “not substantially related to functions of employment” as suspect.
However, SDCL 20-13-10 itself does not address criminal-history questions. As a result, only federal Title VII disparate-impact principles limit them.
South Dakota requires no individualized assessment, notice, or waiting period before you act on a record. Still, document a job-related reason for every criminal-history decision, because blanket bans on anyone with a record invite Title VII risk.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
How to Evaluate a Criminal Record
A consistent review protects your company under Title VII and the Human Relations Act. Follow these steps whenever a report returns a conviction.
- Confirm the match. Compare the full name, date of birth, and other identifiers.
- Check the disposition. Rely on convictions and pending charges, not on arrests alone.
- Weigh the offense. Consider its nature, its age, and its link to the job duties.
- Invite a response. Let the applicant explain rehabilitation, errors, or mitigating facts.
- Document the decision. Record your reasoning and keep it with the file.
Moreover, apply the same standard to every applicant for the same role. Consistency gives you the strongest defense if someone later challenges a hiring decision.
Federal Contractors
Federal agencies and contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays criminal history questions until after a conditional offer for positions related to work under covered federal contracts.
What a South Dakota Job Application May Ask
South Dakota has no statute that lists forbidden pre-employment inquiries. The Human Relations Act, SDCL 20-13-10, bars discrimination based on race, color, creed, religion, sex, ancestry, disability, and national origin.
The Division of Human Rights publishes a pre-employment inquiry guide under that act. Beyond it, federal law decides which questions a South Dakota application may ask, and the four limits below apply to nearly every employer.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
South Dakota does not restrict employer use of credit reports. Therefore, the FCRA disclosure, authorization, and adverse action steps govern each credit check.
Even so, limit credit reports to roles that handle money, sensitive data, or financial authority. Remember that a security freeze under SDCL chapter 54-15 can delay the report.
Salary History and Pay Transparency
No South Dakota statute bans salary history questions, and the state has no pay transparency law. Still, pay decisions must satisfy the state equal pay law and the federal Equal Pay Act.
Drug and Marijuana Testing
South Dakota voters approved medical cannabis through Initiated Measure 26 in 2020. SDCL 34-20G-22 treats registered patients like people who take prescription medication.
In 2024, however, lawmakers passed Senate Bill 12 to protect safety-sensitive roles. Since July 1, 2024, employers may reject or discipline safety-sensitive workers who test positive for cannabis metabolites.
The law firm Davenport, Evans, Hurwitz & Smith summarizes that change for employers. The South Dakota Department of Health runs the patient registry.
Pre-employment THC testing otherwise remains allowed, and the state offers no off-duty use protection. Recreational cannabis remains illegal in South Dakota after voters rejected measures in 2022 and 2024.
For CDL drivers, federal 49 C.F.R. Part 40 testing overrides any state cannabis protection. See the 2026 alerts for the federal rescheduling note.
Motor Vehicle Records
The Department of Public Safety’s Driver Licensing Program maintains South Dakota driving records. A standard driving record abstract generally shows activity from the past three years.
State privacy statutes, SDCL 32-5-143 through 32-5-150, limit who may receive personal data from these records. Under SDCL 32-5-146, the state releases that data once a requester shows the driver’s express consent.
Likewise, the federal Driver’s Privacy Protection Act sets matching limits nationwide. Commercial carriers face stricter duties.
Under 49 CFR 391.23, carriers must pull a three-year driving record for each new CDL driver. Additionally, they must review each driver’s record every year.
BCS Background Screening LLC delivers FCRA-compliant motor vehicle record searches for South Dakota drivers. Include your FCRA disclosure and authorization with every order.
E-Verify and Form I-9
South Dakota has no E-Verify mandate for private or public employers. HB 1209 (2026), which would have required E-Verify for employers with more than 50 employees, failed in the Senate on March 11, 2026.
E-Verify therefore stays voluntary except for federal contractors with the FAR clause at 48 C.F.R. 52.222-54. Every employer must still complete Form I-9 for each new hire under 8 C.F.R. § 274a.2, Section 1 by the first day of work and Section 2 within three business days.
Social Media and Passwords
South Dakota has no social media password-privacy statute. Even so, never request an applicant’s login credentials, and keep any public-profile review job-related and consistent.
Automated and AI Hiring Tools
South Dakota has no statute regulating automated or AI hiring tools. Title VII, the ADA, and the ADEA still apply to any screening tool that creates a disparate impact.
Protecting Background Check Data
Once you receive a report, you must guard it. The federal FTC Disposal Rule, 16 CFR Part 682, requires secure destruction of consumer report data.
South Dakota’s breach law, SDCL 22-40-20, also requires notice to affected residents within 60 days of a breach. If a breach affects more than 250 residents, you must also notify the Attorney General.
BCS Background Screening LLC stores reports in an encrypted client portal. Limit portal access to the staff who make hiring decisions.
Industry-Specific South Dakota Background Check Requirements
Several South Dakota industries must run fingerprint checks by statute. Review the cards below before you hire in a regulated field.
Schools
SDCL 13-10-12 requires fingerprint checks for every hire over 18 at an accredited school. New hires may start on a temporary basis while results are pending, and DCI and the FBI supply the results.
Child Welfare Agencies
SDCL 26-6-14.3 requires fingerprints within 14 days of hire. The Department of Social Services administers it.
Law Enforcement
SDCL 23-3-42 sets officer standards, including good moral character. The Law Enforcement Officers Standards Commission enforces them.
Licensed Occupations
SDCL 36-1C-17, enacted in 2024, limits denials to directly related convictions. Each state licensing board applies it.
Motor Carriers
49 CFR 391.23 requires driving record and safety history checks for CDL drivers. FMCSA oversees compliance, and carriers must also run FMCSA Clearinghouse queries before hire and annually.
Insurance
18 U.S.C. § 1033 bars certain felons from insurance work without written consent. The South Dakota Division of Insurance regulates licensees.
What Changed for South Dakota Employers in 2026
South Dakota passed no new screening statute in 2026, and a proposed E-Verify mandate failed. However, three federal changes affect how South Dakota employers screen this year.
South Dakota E-Verify mandate (HB 1209) fails in the Senate
HB 1209 (2026) would have required E-Verify for South Dakota employers with more than 50 employees. The bill failed in the Senate on March 11, 2026.
As a result, South Dakota still has no E-Verify mandate for private or public employers. E-Verify remains voluntary except for federal contractors with the FAR clause at 48 C.F.R. 52.222-54.
What to do: Keep completing Form I-9 for every new hire under 8 C.F.R. § 274a.2. Watch the 2027 session, since similar bills may return.
Source: South Dakota Legislature, HB 1209 (2026); 8 C.F.R. § 274a.2. Read the bill history
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. For other roles, keep treating registered South Dakota patients like prescription users under SDCL 34-20G-22.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
South Dakota Employment Screening Services
BCS Background Screening LLC builds FCRA-compliant screening packages for South Dakota employers. Combine these searches to match each position’s risk.
South Dakota Statewide Search
Real-time statewide criminal results with researcher review.
County Criminal Court Search
Direct courthouse research in any South Dakota county. Price: $18 plus court fees.
Federal Criminal Search
U.S. District Court records for federal offenses.
Nationwide Criminal Database
A broad locator search that we verify at the source.
SSN Trace
Address history that points you to the right counties.
Motor Vehicle Records
Driving history for delivery, sales, and CDL roles.
Verifications and Add-ons
Adds employment, education, and license verification to any South Dakota package.
South Dakota Employer Compliance Checklist
- Give a standalone FCRA disclosure and collect written authorization.
- Remove sex, marital status, religion, citizenship, and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Limit criminal history questions to offenses related to the job.
- Base decisions on convictions, not on arrests alone.
- Exclude sealed SIS cases, expunged records, and cases removed under SDCL 23A-3-34.
- Run fingerprint checks when a statute requires them for your industry.
- Obtain written consent before you order a driving record.
- Define safety-sensitive roles in your cannabis testing policy.
- Send pre-adverse and adverse action notices on time.
South Dakota Employment Screening Law FAQs
Does South Dakota have its own version of the FCRA?
No. South Dakota has no state consumer reporting act for employment screening. The federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., governs every check.
The FTC and the CFPB enforce it, while SDCL chapter 54-15 covers only credit freezes.
How far back can a South Dakota criminal background check go?
South Dakota sets no state lookback cap. Under 15 U.S.C. § 1681c, non-convictions drop off after seven years, but convictions have no time limit.
Meanwhile, SDCL 23A-3-34 removes minor cases from the public record after five clean years. The FTC and CFPB enforce the federal limits, and the Unified Judicial System applies the state removal rule.
Is there a ban-the-box law in South Dakota?
No. South Dakota has no ban-the-box law for private or public employers and no local ordinances. Yet a Division of Human Rights guide treats record questions unrelated to the job as suspect.
However, SDCL 20-13-10 itself does not address criminal-history questions. As a result, only federal Title VII disparate-impact principles, enforced by the EEOC, limit them.
What may a South Dakota employer ask on a job application?
SDCL 20-13-10 bars discrimination based on race, color, creed, religion, sex, ancestry, disability, and national origin, and the Division of Human Rights enforces it. Federal law adds Title VII, the ADEA, the ADA, and the INA, which bar pre-offer questions about sex, religion, age, disability, and citizenship status.
The EEOC and the Department of Justice enforce those rules. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
Can employers consider sealed or expunged records in South Dakota?
No. SDCL 23A-3-32 restores an expunged person to pre-arrest status. Likewise, SDCL 23A-27-17 seals suspended imposition cases after discharge.
Circuit courts order these remedies, and compliant reports leave them out.
Which agency provides official South Dakota criminal history records?
The Attorney General’s Division of Criminal Investigation keeps the state rap sheet under SDCL 23-5-10. Release requires fingerprints and the subject’s authorization under SDCL 23-5-12.
Separately, the Unified Judicial System sells a $20 statewide court search.
Can South Dakota employers check an applicant’s driving record?
Yes, with the driver’s express consent. SDCL 32-5-146 and the federal DPPA, 18 U.S.C. § 2721, allow release on that basis.
The Department of Public Safety’s Driver Licensing Program maintains the records.
Can employers refuse to hire medical cannabis patients in South Dakota?
Only for safety-sensitive jobs. SDCL 34-20G-22, as amended by Senate Bill 12 in 2024, permits action on a positive test in those roles.
Otherwise, patients receive the same treatment as people using prescription drugs. The Department of Health runs the patient registry.
Does South Dakota require E-Verify?
No. HB 1209 (2026), which would have required E-Verify for employers with more than 50 employees, failed in the Senate on March 11, 2026.
E-Verify stays voluntary except for federal contractors with the FAR clause. Every employer must still complete Form I-9 under 8 C.F.R. § 274a.2, which USCIS administers.
Start Screening South Dakota Applicants Today
BCS Background Screening LLC delivers accurate, FCRA-compliant South Dakota reports with clear dispositions. Open an account today and order your first search in minutes.
Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.
This page provides general information about South Dakota background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.