Job applicants often wonder if companies investigate their history before extending an employment offer. While some preliminary screenings may occur earlier, the comprehensive review of a candidate’s history typically occurs after a verbal or written job offer has been made. This standard timeline helps job seekers prepare for the final steps toward securing a new role. This practice of delaying the full check until after an offer is driven by both industry standards and legal considerations.
The Two Main Background Check Timelines
The hiring process generally involves two distinct timelines for background screening, though one is significantly more common. Pre-offer checks are rare and usually limited to verifying basic information provided on a candidate’s initial application or resume. This preliminary check might involve confirming dates of employment or academic degrees to ensure accuracy before investing further time in interviews. Companies might conduct a quick search to screen for potential red flags, but this is seldom a full, comprehensive investigation.
The industry standard involves a post-offer, conditional check. This means a job offer is extended with the understanding that employment is contingent upon the successful completion of the screening process. This conditional offer is a formal commitment from the employer, pending verification that the candidate meets all hiring requirements. Once the candidate accepts, the employer initiates the full background investigation through a third-party consumer reporting agency.
Legal Requirements Driving the Timing
The timing of background checks is influenced by federal and state regulations designed to protect job applicants. The primary federal law governing this process is the Fair Credit Reporting Act (FCRA), which dictates how consumer reporting agencies collect and share information used for employment decisions. The FCRA requires employers to obtain a candidate’s written authorization before requesting a background report. This requirement makes it difficult to conduct a full check before a serious commitment like a conditional offer.
The FCRA mandates a specific process, known as adverse action, if an employer decides not to hire someone based on the findings of a background report. This process involves multiple steps, including notifying the candidate and providing a copy of the report. Companies prefer to reserve this process only for candidates they are seriously intent on hiring, which occurs after the conditional offer is made. This strategy streamlines the hiring process by focusing resources on the most promising individuals.
State and local “Ban the Box” laws also influence the timing, particularly concerning criminal history inquiries. These laws restrict when an employer can ask about an applicant’s criminal record, often prohibiting the question on an initial job application. By delaying the full background check until after a conditional offer, the company ensures compliance with these regulations. Issuing the offer first provides a clear legal boundary, minimizing the risk of discrimination claims or non-compliance penalties associated with premature screening.
What Information Companies Review
The scope of a comprehensive background check is broad, intended to verify a candidate’s credentials and assess potential risks. The specific checks conducted depend on the nature of the job, the industry, and state laws. The investigation is designed to provide a factual basis for the employer’s final hiring decision.
Criminal History
Criminal history checks typically search for felony and misdemeanor convictions at the county, state, and federal levels. The depth of the search often spans seven years, though some jurisdictions or roles allow for a longer lookback period. This investigation involves searching various databases and court records to identify any relevant offenses, though the consideration of arrest records without conviction is often restricted by law.
Employment Verification
Employers verify a candidate’s work history by contacting previous employers or utilizing commercial databases. The verification process usually confirms the dates of employment and the job title held. Companies generally avoid providing details about job performance or reasons for separation, limiting the information shared to objective facts.
Education Verification
Confirming academic credentials involves contacting educational institutions to verify the type of degree or diploma earned and the dates of attendance. This step ensures the candidate has accurately represented their educational attainment on their resume or application materials and confirms professional qualifications.
Motor Vehicle Records (MVR)
A check of Motor Vehicle Records is conducted specifically for roles that require driving a company vehicle or involve significant time on the road. This review assesses the candidate’s license status, checks for major violations like DUIs, and reviews the history of traffic citations over a specified period. The MVR check ensures the candidate is insurable and a safe operator.
Credit History
Credit history reports are generally reserved for positions involving financial responsibility, access to sensitive company assets, or high-level security clearances. The report details bankruptcies, outstanding debts, and payment history. Importantly, this check provides an employer with financial data, but it does not include the candidate’s actual credit score.
Candidate Rights and the Adverse Action Process
The FCRA establishes a clear set of rights for candidates and mandates a specific procedure for employers who decide not to hire based on information in a background check report. This process, known as adverse action, is a multi-step safeguard designed to ensure fairness and accuracy, providing the candidate with transparency and an opportunity to challenge the findings.
Before an employer can officially withdraw a conditional job offer due to a background check finding, they must first send the candidate a pre-adverse action notice. This notice is a warning that the employer is considering rescinding the offer and must be accompanied by two specific documents. The candidate must receive a copy of the background report itself and a summary of their rights under the FCRA.
This mandatory waiting period, typically five business days, allows the candidate an opportunity to review the report and dispute any inaccuracies with the consumer reporting agency. The employer cannot make a final decision during this time, giving the candidate a chance to correct errors such as mistaken identities or outdated records. The consumer reporting agency is then obligated to reinvestigate the disputed item, which can delay the final hiring decision.
If the candidate does not successfully dispute the information or if the employer maintains their decision, the company must then send a final adverse action notice. This final notice informs the candidate that the conditional offer has been officially withdrawn and again provides the name and contact information of the consumer reporting agency that furnished the report. This completes the legally required process for denying employment based on a background investigation.
Preparing for Your Background Check
Job seekers can proactively prepare for the final screening stage by running a self-check through a consumer reporting agency to understand what an employer will find. Gathering necessary documentation, such as exact employment dates, supervisor contact information, and copies of diplomas, will expedite the verification process. If a minor issue is likely to appear, candidates should decide whether to proactively disclose it to the hiring manager or wait for the company to raise the concern.