Employment background screening is a routine step in the hiring process used to verify a candidate’s history and qualifications. The scope of these investigations is governed by federal and state regulations that dictate how far back companies can look. The duration and depth of a background check are often determined by the sensitivity of the role and the legal requirements for the information being sought.
The Standard Components of an Employment Screen
Criminal History Checks
Criminal history checks involve accessing various databases at the county, state, and federal levels to uncover past offenses. These checks typically search for records related to felony and misdemeanor convictions, and sometimes pending cases or dismissed charges. The goal is to assess a candidate’s integrity and potential risk to the workplace or customers. The search scope depends on the level of detail the employer requests and the jurisdictional requirements of the candidate’s former residences.
Employment Verification
Employment verification confirms the details a candidate provided on their application or resume regarding past work experience. The screening provider contacts previous employers to confirm start and end dates, job titles held, and sometimes the reason for separation. This process ensures the candidate accurately represented their professional history. Some employers also attempt to verify salary history, though this practice is increasingly restricted by state and local laws.
Education Verification
Verification of education ensures that academic degrees, certifications, or diplomas listed by the applicant were obtained from the specified institutions. The screening agency directly contacts the university, college, or high school to confirm the dates of attendance and the credential awarded. This check focuses only on the validity of the achievement. This step is important for roles requiring specific academic prerequisites, such as engineering or advanced scientific positions.
Driving Records (MVR)
Driving record checks (MVR checks) are standard for any position involving operating a company or personal vehicle for business purposes. These reports detail a person’s driving history, including license status, moving violations, accidents, and driving-related convictions. The information retrieved evaluates the candidate’s safety record and insurability under the company’s policy.
Professional Licensing and Certification
For specialized fields, employers verify that the candidate holds the necessary active professional licenses or certifications required for the role. This involves contacting issuing bodies for professions such as nursing, accounting, or law to confirm the license is current and in good standing. Any history of disciplinary action or suspension is also reported in this verification.
How Far Back Checks Typically Go
The duration of a standard background check is governed by the Fair Credit Reporting Act (FCRA), a federal law designed to ensure the accuracy and privacy of consumer information. This regulation sets a seven-year reporting limitation on most forms of adverse public record information. This includes civil judgments, tax liens, collection accounts, and non-conviction criminal records, such as arrests that did not lead to a conviction.
This seven-year limit is not absolute, as certain categories of information are exempt from the reporting window. The FCRA generally permits criminal conviction records to be reported indefinitely. However, many states have enacted their own laws that supersede the FCRA’s permissiveness, often limiting the reporting of convictions to seven or ten years.
State laws often impose stricter limitations than federal guidelines on the reporting of both conviction and non-conviction data. Several states have implemented seven-year look-back periods that apply even to convictions, particularly for positions below a certain salary threshold. These mandates ensure that older criminal history does not unfairly impede employment opportunities.
The salary associated with the position also influences the applicability of the seven-year rule. The FCRA allows the reporting of older adverse information if the position pays an annual salary above a certain statutory amount (historically over $75,000). For these higher-paying jobs, the seven-year restriction on reporting civil suits or non-conviction data may be lifted, permitting a deeper historical search. This exemption recognizes the increased trust and responsibility associated with executive or highly compensated roles.
Exceptions to Standard Time Limits Based on Role
Specific industries and specialized roles operate under distinct regulatory frameworks that mandate broader historical inquiries, overriding standard seven-year reporting limits. Positions involving a high degree of public trust, such as those in government agencies or military contracting, often require extensive investigations for security clearances. These clearances may necessitate a background review spanning ten or fifteen years, or even the candidate’s entire adult life for top-secret access.
The financial services sector, regulated by bodies like the Financial Industry Regulatory Authority (FINRA), requires comprehensive checks to maintain market integrity and investor protection. For registered representatives, the background check is extensive, often including a review of historical disciplinary actions, bankruptcies, and civil litigation that extends beyond the typical time frame. These regulations prevent individuals with a history of financial misconduct from gaining access to sensitive client funds or data.
Roles within healthcare and elder care are subject to strict regulations aimed at protecting vulnerable populations from harm. State and federal laws often require checks against abuse registries and sanction lists that look back indefinitely for specific types of offenses. Healthcare employers must also confirm a candidate has not been excluded from participating in federal programs like Medicare or Medicaid, which is a lifetime ban reported regardless of when the exclusion occurred.
Transportation roles, particularly those involving commercial driving, are governed by Department of Transportation (DOT) regulations which dictate specific record-keeping and screening requirements. A commercial driver’s license (CDL) holder must have their employment and drug and alcohol testing history verified for the preceding three years. The MVR check itself often includes a broader history of major violations. These mandates ensure public safety on roadways by confirming a driver’s compliant history.
Understanding Your Rights and the Screening Process
Before an employer can initiate any background investigation, they must secure written authorization from the applicant through a clear disclosure form. This consent is a legally required step under the FCRA, establishing that the candidate understands a consumer reporting agency will gather information about their history. The authorization must be a standalone document, separate from the employment application itself, to ensure the applicant’s attention is drawn to the disclosure.
If a company decides not to hire a candidate based, even partially, on information in the background report, a specific two-step legal procedure must be followed. This process begins with the “pre-adverse action” notice, which involves providing the applicant with a copy of the report and a written summary of their rights under the FCRA. This initial step allows the candidate an opportunity to review the information and dispute any inaccuracies with the screening agency.
After a waiting period, typically five business days, the employer can issue the final “adverse action” notice if the decision to deny employment remains unchanged. This second notice formally informs the applicant of the final decision and includes contact information for the consumer reporting agency that prepared the report. Following this protocol ensures that candidates are treated fairly and have recourse against false or outdated records.
Beyond federal regulations, various state and local jurisdictions have implemented “Ban the Box” laws that restrict when an employer can inquire about a candidate’s criminal history. These laws prohibit employers from asking about past criminal records on the initial job application form. The intent is to delay the consideration of criminal history until later in the hiring process, such as after a conditional offer of employment has been extended.