An employer background check is a process organizations use to investigate and verify information provided by job applicants. This screening confirms the accuracy of a candidate’s qualifications and experience, helping to ensure a safe and trustworthy working environment. The checks mitigate risk by providing employers with a view of an applicant’s past conduct. The scope of the investigation varies depending on the industry, job responsibilities, and the level of trust required for the role.
Identity and Work History Verification
The screening process begins by confirming the applicant’s identity and validating claims made on their application. Identity verification typically involves running the applicant’s name and date of birth against records linked to their Social Security Number to ensure accurate identification.
A significant portion of the check verifies educational and professional history. The provider contacts educational institutions to confirm degrees earned, certifications obtained, and dates of attendance. Similarly, previous employers are contacted to verify job titles held, dates of employment, and sometimes the reason for separation.
It is standard practice for employers to only confirm the factual details of a candidate’s employment history, such as the dates and titles. Due to privacy regulations and internal policies, prior companies rarely disclose specific salary information or detailed performance reviews to the screening agency.
Criminal History Records
Criminal history checks are among the most frequent components of a background screening, offering a view into an applicant’s public safety record. These checks require searching records across multiple jurisdictions, including county, state, and federal databases, as no single national repository holds all criminal records. The search often prioritizes county court records, which are considered the most current source.
Felony and Misdemeanor Convictions
Convictions for both felonies and misdemeanors are the most common items on a criminal background check. State laws and the Fair Credit Reporting Act (FCRA) govern how far back an employer can look, imposing a time limit of seven years for reporting non-conviction information or less serious offenses. However, serious felony convictions, particularly those related to violence or finance, may be reported indefinitely, depending on state statutes and the nature of the crime.
Pending Cases and Arrest Records
Information regarding arrests that did not lead to a conviction, dismissed charges, or pending cases is restricted. Many jurisdictions prohibit employers from using non-conviction information to make hiring decisions, especially after a certain period has elapsed since the arrest.
Sex Offender Registries
Checking national and state sex offender registries is a standard procedure, particularly for positions involving vulnerable populations such as children or the elderly. Unlike other criminal records, information on these registries is typically available regardless of the time elapsed since the conviction. The presence of a record is often an automatic disqualifier for specific regulated roles.
Financial and Driving Records
Certain roles require specialized checks into a candidate’s financial responsibility or driving history, which are only conducted when directly relevant to the job function. These checks are highly regulated and necessitate separate, explicit consent from the applicant.
Credit Reports
When a credit check is performed, employers do not receive the applicant’s full credit score; instead, they receive a modified report focused on financial responsibility. This report highlights items such as bankruptcies, civil judgments, and outstanding debts. Credit checks are reserved for positions that involve managing large sums of money, accessing confidential financial data, or holding a high level of fiduciary trust or security clearance.
Motor Vehicle Records (MVR)
Motor Vehicle Records (MVR) are only requested for applicants whose job duties involve operating a company vehicle or require driving as a core function, such as delivery drivers or sales representatives. The MVR provides information on the status of the applicant’s driver’s license, a history of moving violations, and past traffic accidents.
Specialized Checks and Online Presence
Beyond the standard screenings, some professions necessitate specialized checks to confirm specific qualifications, while newer practices address a candidate’s public digital footprint. These investigations ensure compliance with industry standards and provide a broader view of an applicant’s suitability.
Professional Licenses and Certifications
Verification of professional licenses and certifications is standard for regulated occupations like nursing, engineering, law, and accounting. The screening confirms that the license is current, active, and in good standing with the relevant state or national governing body. This process involves checking disciplinary databases to ensure the candidate has not had their professional privileges suspended or revoked.
Drug Screening and Medical Checks
Drug tests are frequently required to determine if a candidate is using illegal substances, particularly in safety-sensitive positions. Medical examinations are only permitted in limited circumstances and must comply with the Americans with Disabilities Act (ADA), ensuring they are job-related and consistent with business necessity.
Online Presence and Social Media Review
Employers review publicly available information on social media platforms. The goal of this review is to identify evidence of extreme behavior, discriminatory comments, or dishonesty that could pose a reputation risk to the company. However, employers must navigate legal limitations and avoid using information discovered online that relates to protected characteristics, such as religion or disability, in their hiring decision.
Understanding Your Rights and the Screening Process
The process of conducting a background check is governed by the Fair Credit Reporting Act (FCRA), which establishes specific rights for the applicant and obligations for the employer. The FCRA ensures fairness, accuracy, and privacy in the collection and use of consumer information.
Before an employer can initiate a background check, they must provide the applicant with a clear disclosure and obtain written consent. Without this signed authorization, the employer cannot legally request the report from the screening agency.
If an employer intends to deny a job based wholly or partly on information found in the background check, they must follow a specific two-step “adverse action” process. First, the employer must issue a pre-adverse action notice, which includes a copy of the report and a summary of the applicant’s rights under the FCRA. This allows the applicant time to review the report and dispute any inaccurate information with the reporting agency. After the dispute period has passed, the employer can issue the final adverse action notice if they still decide not to hire the applicant.