A background check is a tool used by employers to verify a candidate’s history and assess their fitness for a specific role. This process is typically conducted by a third-party Consumer Reporting Agency (CRA) that accesses various public and private records. The resulting report provides the employer with a regulated view of the applicant’s past.
Core Components: Identity, Education, and Employment Verification
The foundational elements focus on confirming the candidate’s identity and verifying claims presented on an application or resume. Identity confirmation, often starting with a Social Security Number (SSN) trace, generates a record of names and addresses associated with the applicant, typically over the last seven years. This historical address information is then used to accurately scope other searches, such as local criminal records.
Verification of educational history involves contacting institutions directly to confirm claimed degrees, certifications, and dates of attendance. The goal is to ensure the applicant possesses the academic credentials required for the position. Employment verification confirms the details of a candidate’s professional past by reaching out to former employers.
This employment check typically confirms dates of employment, the position or title held, and sometimes the reason for separation. Discrepancies in these claims can lead to a negative hiring decision. Contacting original sources, such as schools and previous companies, can sometimes introduce delays in the process.
Reviewing Criminal History
The background check involves searching for records of criminal activity, covering felonies and misdemeanors at the local, state, and federal levels. This search relies on the identity and address history established earlier to ensure the most relevant jurisdictions are checked. The scope often includes the National Sex Offender Registry and various government watch lists.
The reporting of criminal records is heavily restricted, and not all information is available or usable by an employer. Federal law limits reporting certain non-conviction information, such as arrests not leading to a conviction, which generally cannot be reported after seven years for lower salary positions. State and local “Ban the Box” laws prohibit employers from asking about criminal history on an initial job application, requiring them to wait until later in the hiring process.
These legislative protections ensure that an employer must conduct an individualized assessment of any conviction before making a hiring decision. This assessment considers the nature and gravity of the offense, the time elapsed since the conviction, and the relevance of the crime to the job being sought. Employers are also prohibited from considering sealed, expunged, or dismissed records.
Specific Areas of Review: Credit Reports and Driving Records
Credit reports and motor vehicle records are typically reserved for positions where financial stability or driving is a primary job function. A credit check for employment purposes is different from a check performed when applying for a loan or credit card. This check is a “soft pull,” meaning it does not impact the applicant’s credit score.
The employment credit report does not provide the employer with a credit score. Instead, it focuses on financial stability indicators, such as bankruptcy history and civil judgments, and is limited to roles involving access to money or fiduciary responsibilities. A Motor Vehicle Record (MVR) check reviews the applicant’s state driving record, detailing license status, moving violations, and convictions for driving-related offenses. Both checks require the candidate’s explicit, separate written consent before the CRA can furnish the report.
Legal Protections for Candidates
The background check process is governed by the Fair Credit Reporting Act (FCRA), a federal law designed to ensure the accuracy, fairness, and privacy of consumer report information. Before requesting a background check, the employer must provide the candidate with a clear, standalone written disclosure and obtain explicit written authorization. This ensures candidates are aware that their history is being reviewed for employment purposes.
If the employer is considering denying employment based on information in the report, they must follow the “adverse action” process. This process begins with a pre-adverse action notice, which includes a copy of the report and a summary of the candidate’s rights under the FCRA. The employer must then allow a reasonable waiting period, typically five business days, for the candidate to review the documents and dispute any inaccurate information.
If, after the waiting period, the employer decides to proceed with the denial, a final adverse action notice must be sent. This final notice must include the name and contact information of the CRA that provided the report. It must also include a statement confirming the CRA was not the decision-maker.
Specialized Screening Methods
Beyond standard history checks, some positions or industries require specialized screening methods. Professional license verification is common in fields like healthcare, finance, or law, where specific credentials are required to practice. This check confirms the status, sanction history, and expiration date of any professional licenses or certifications held by the applicant.
Drug testing is a common specialized screening method, particularly for roles involving safety-sensitive functions or regulatory compliance. Some employers also conduct targeted social media screening, utilizing specialized services that review public posts for specific content, such as illegal activity or harassment. These checks are typically dictated by regulatory requirements, insurance needs, or company policy.
The Background Check Timeline and Dispute Process
The time to complete a background check can vary widely, ranging from 24 hours to several weeks, depending on the scope of the search and the number of jurisdictions involved. Simple checks, such as database criminal searches, are often completed quickly. Comprehensive verifications that require contacting past employers or educational institutions typically take three to five business days, and delays often occur when records are not digitized or when a previous employer is slow to respond.
If a candidate finds inaccurate or outdated information in their background report, they have the right to dispute the findings directly with the CRA. The CRA is obligated under the FCRA to conduct a reasonable reinvestigation of the disputed item, which must be completed within 30 days of receiving the notice. If the reinvestigation results in a correction, the CRA must send an updated report to the employer who initially requested it.