Georgia Background Checks

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Georgia Background Checks

July 11, 2024

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Background checks are a vital part of thorough tenant screening. Every landlord needs to know the history of every applicant. Background checks give you a good idea of whether someone makes payment on time, stays out of massive debt, has a criminal past, and a lot more.

Background checks also reduce the chances of tenant turnover, protect you from liability, and help you and other tenants remain safe.

In this article, we’ll help you understand what background checks consist of, how to ensure you get the information you need, and what you need to know about your state’s rules regarding them.

What are Background Checks? 

Background checks typically consist of a credit report, criminal history, income verification, eviction history, and a rental application. 

Credit Report

Aside from a lease agreement, a tenant credit report might be the most crucial document for a landlord to understand. This document is one of the best ways to determine whether someone will pay on time and in full. Here are the main components of a credit report: 

    • Basic information like former names/aliases, current and previous addresses, etc. 
    • Fraud indicators like invalid phone numbers or phony social security numbers 
    • Tradeline summaries that give a snapshot of an applicant’s active accounts  
    • Inquiries that show a list of companies who viewed an applicant’s credit file over the last two years 
    • Credit/resident score 

A credit score is a numerical value anywhere from 300-850 that helps illuminate an applicant’s creditworthiness. If an applicant has a score of 500 or less, proceed with caution. Most reliable tenants will have a score above 560. 

A resident score is similar to a credit score, but more directly reflects someone’s reliability as a tenant. Both scores are proprietary, so the exact formulas aren’t available to the public. That said, resident scores typically include a recommendation on whether to accept an applicant or not (this shouldn’t be treated as gospel obviously, but it can be helpful).  

Criminal History

Wide-sweeping national databases, more narrow specific state databases, and granular county records are the main elements of most criminal history reports. 

Income Verification

There are several ways to verify income. Let’s look at some of the most common here:  

    • Pay Stubs: Paychecks are the most common way to verify income. Anyone with full-time or part-time employment can make copies of paychecks and send them to you. 
    • Yearly Tax Returns: A federal tax return is another option to obtain proof of income. This is often an excellent option because it’s an official legal document, so it’s difficult to fake. 
    • W-2 Tax Form: These forms show employer’s withholding payroll taxes from workers’ earnings. This is another good option because it’s a document directly from an employer. 
    • Bank Statements: This method is especially effective for self-employed applicants because they won’t have regular pay stubs like those who work for traditional businesses. 

Important Note: Innago’s new income verification feature, which you can learn more about here, makes it easier than ever to ensure your tenants have the necessary funds to pay you. 

Eviction History

Except in cases where overdue rent went to collections or a previous landlord reports late payments, credit reports don’t usually show evictions.  

Federal law typically prevents evictions from being shown on a background check after seven years, but this figure varies by state. 

If you cannot see an applicant’s eviction history on a credit report or obtain the information by contacting their previous landlords, then you may pull an eviction report. However, certain states have restrictions on different kinds of reports (we’ll address those if they’re relevant later in this piece).  

Eviction history matters because the cost of an eviction for landlords is often between $4,000 and $7,000 or more. That means that if a tenant was evicted, they likely left their previous landlord with no other choice. 

Application

A rental application is a preliminary form used to obtain basic information about an applicant and their eligibility. Most applications ask for this information:  

    • Basic Contact Information: Think entire legal name, cell phone number, email address, etc. 
    • Current and Former Renting Experience: Four to five years back is typically plenty. 
    • Landlord References: Contact previous landlords and get their take on applicants. This is a critical step that some landlords skip over. Make sure you’re not one of those landlords. 
    • Employment History: You want to know current and former employers and get consent to contact them. 
    • Written Permission to Run a Credit Check 
    • Legal Disclosures: Here’s a helpful article on what disclosures to include. 
    • Additional Inquiries: Be careful here. Make sure you don’t ask questions that violate laws. Only ask about things like pets or smoking. And make sure you’re consistent. 

Why Do You Need to Run a Georgia Background Check?  

Background checks in general are utilized by a variety of groups: landlords, employers, lenders, licensing agencies, government agencies, etc. They are run to ensure that a candidate for a job, license, property, or loan is properly qualified and does not have a history of behavior that would interfere with their ability to perform the duties required under contract. Background checks minimize legal liability, protect companies’ assets and current employees, and are sometimes required by clients.   

When it comes to landlords, a Georgia background check is needed to:  

  • Protect the safety and property of other tenants  
  • Reduce tenant turnover  
  • Minimize legal liability  
  • Increase the likelihood of on-time rental payments  
  • Obtain criminal history records to better understand applicants and potentially protect other renters 
  • Narrow down applicants for a high-demand property  
  • Prevent expensive and lengthy eviction processes  

Georgia Background Checks  

Landlords in the Peach state should run a Georgia background check on potential tenants as a precaution and general policy. Here are three reasons to run background checks in Georgia:  

1. Identify rental application fraud  

Rental application fraud, which occurs when a tenant lies on their application or submits falsified pay stubs, bank statements, etc., is on the rise in Georgia. The city of Atlanta has a 17.9% rental application fraud rate, which is the highest rate of all metropolitan areas in the U.S. Running a Georgia background check can help you catch fraudulent documents and inconsistent information before someone moves into your property, meaning you won’t have to undergo an expensive eviction later.  

2. Avoid future evictions  

Running a tenant’s eviction history in Georgia can also help you avoid evictions for nonpayment or criminal activity. Evicting a tenant in Georgia is a long and expensive process that can take between one and three months. And, because tenants with a previous eviction are more likely to be evicted again, understanding an applicant’s eviction history is essential for avoiding turnover.   

3. Learn about the existence or nature of illegal activity  

It’s also important to run criminal background checks in Georgia. Georgia has the fourth largest incarcerated population in the nation. While landlords cannot have a blanket policy for denying citizens with a criminal history record, certain crimes (like sex crimes) restrict housing options and can be valid reasons to deny a tenant. Thus, conducting background checks is important to understand potential criminal records. 

How far back do Background Checks in Georgia go?  

When you use consumer reports to make tenant decisions, you must comply with the Fair Credit Reporting Act (FCRA). 

Section § 605 – 15 U.S.C. § 1681c of The Fair Credit Reporting Act (FCRA) applies in all 50 states and mandates a seven-year restriction on reporting certain background check information like civil suits, civil judgments, and arrest records (except in certain cases where an employer is hiring for a job with a salary more than $75,000). The FCRA doesn’t have similar timeline restrictions on criminal convictions, but some states restrict reporting conviction information at the state or local level. 

A Georgia criminal background check can go back indefinitely regarding criminal records with convictions, although the relevant restrictions of the federal FCRA must still be respected. Most non-conviction records only go back seven years. 

What do Criminal Background Checks in Georgia Cost?  

Background checks are fairly affordable across the U.S., but their costs vary depending on the area searched and the level of information requested. Searching national records typically costs between $13-60 per person, while searching an individual state’s records like Georgia typically costs between $10 and $30 per person (e.g., Requesting fingerprint-based Georgia criminal background checks from the Georgia Bureau of Investigation, it will cost $27.75 per report plus fingerprint costs). County records, which tend to be more accurate and up to date, cost $16-$25 per person per county checked. You can learn more about each of these specific types of background checks in our article on the topic 

Which Laws Apply to Georgia Background Checks?  

Georgia background checks cannot be used by anyone for any purpose. Due to fair housing protections, the use of credit reports and criminal background checks is restricted.  

In Georgia, it’s legal to deny a prospective tenant based on the results of their criminal background check Georgia results, but you must inform them, and it must be clear how their record makes them dangerous to other tenants or neighbors. Always remember that tenants must provide written consent to a background check GA considers compliant before you can run one.  

Ban-the-Box Status

For a pre-employment background check, however, more restrictions apply. Georgia is a “ban-the-box” state, which means most public employers cannot ask questions about criminal history or require an applicant to undergo a criminal background check until after the initial employment application. Even if criminal records are brought up later, applicants must have the opportunity to discuss criminal records with employers, correct discrepancies, and provide proof of rehabilitation. 

The First Offender Act

The First Offender Act is also something to keep in mind. This law essentially allows someone with no prior felony convictions to avoid normal prosecution and avoid the offense creating permanent criminal records. It’s important to note some disqualifying high-level criteria (which aren’t the only criteria): 

  • the accused cannot have prior convictions in any state 
  • They cannot have previously been treated as a first offender 
  • the accused must take responsibility and plead guilty to the charge(s). 

The First Offender Program is not for anyone accused of extremely egregious crimes. Persons charged with rape, murder, kidnapping, sexual crimes, and similar offenses aren’t allowed this leniency. 

Know Applicable GA Laws

Before you run a background check GA, be sure you’re aware of local background check laws and federal regulations and seek professional legal advice if you’re unsure. Keep in mind that while all Georgia counties are subject to state-wide laws and executive orders, some counties may enforce additional regulations. Additionally, you must get written consent from a tenant before running a background check. Be sure you’re educated on the law in your region and adhere to the HUD’s recommendations 

How to Run Background Checks in Georgia?  

When it comes to where to get a background check in Georgia, the easiest way is to request one from a third-party provider. Equifax, Experian, and TransUnion are the three major credit reporting agencies that compile credit information. For criminal records, landlords may be best served going through certain third-party providers who offer more comprehensive criminal history records than the GBI. This is because the GBI report won’t include things like out-of-state convictions and arrests or employment information.  The Georgia Crime Information Center uses Georgia’s Computerized Criminal History (CCH) system to provide access to arrest, disposition and custodial data statewide and is available to local law enforcement agencies. 

Background Checks with Innago  

At Innago, we’ve partnered with Experian to help you review background check information and identify high quality applicants. Running a background check through Innago allows you to quickly and easily identify the best applicants and ensure their application information is accurate. Likewise, Innago’s income verification feature helps our users verify reported income by connecting to their bank account, payroll provider, or by uploading documents. 

This article is for educational purposes only and does not constitute legal advice. We recommend you consult with professional counsel if you have legal questions regarding your specific practices and compliance with relevant laws.

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