A background check is a process used by employers, landlords, or other entities to investigate an individual’s commercial and public records to verify their identity and assess their suitability for a specific role or opportunity. This screening confirms the accuracy of information provided by an applicant while helping to mitigate risks associated with hiring or tenancy. A thorough background check involves a deep, multi-layered investigation across various official data sources. The depth of this inquiry is determined by the sensitivity of the position, the industry’s regulatory requirements, and the level of financial responsibility involved.
Defining “Thorough” vs. Standard Background Checks
The difference between a standard and a thorough background check lies primarily in the scope of the investigation and the method of data retrieval. A standard, or basic, check often relies on quick, inexpensive searches of national criminal databases and limited identity verification. These nationwide databases compile records from many jurisdictions but are notoriously incomplete and frequently include outdated or inaccurate information, potentially resulting in false negatives.
A thorough investigation employs a manual, multi-layered approach that prioritizes accuracy by going directly to the source. This comprehensive process involves searching multiple jurisdictions, including county, state, and federal court records, which are the most reliable sources of criminal history information. A thorough check extends beyond criminal records to include detailed verification of employment and education, as well as specialized searches like credit history and driving records, depending on the job requirements. This detailed verification process is more time-consuming and costly, but it significantly reduces the risk of making decisions based on incomplete data.
Key Components of a Comprehensive Investigation
Criminal History Search
A comprehensive criminal history search requires checking records at the county, state, and federal levels to ensure all areas of potential criminal activity are covered. County-level searches are the most accurate because felony and misdemeanor cases are tried in local courts, and these records are the most current. A thorough check examines the courts of original jurisdiction in every county where the applicant has resided, worked, or studied.
Statewide criminal searches aggregate records from multiple counties within a state, providing a wider net, though completeness varies depending on which courts report to the state repository. Federal criminal searches cover crimes prosecuted by the U.S. government, such as embezzlement, tax evasion, and bank robbery, which are not found in county or state databases. Combining these three levels of search mitigates the risk of overlooking serious offenses that may only appear in one judicial system.
Employment Verification
Employment verification confirms the applicant’s stated work history directly with their previous employers. This step involves more than just confirming the dates of employment, which is common in basic checks. The investigation seeks to verify job titles, responsibilities held, and, where permissible, the reason for leaving the position.
Direct contact confirms the integrity of the applicant’s resume and identifies any discrepancies in their professional claims. For roles requiring specific experience, verification may extend to confirming technical skills or specialized knowledge. This detail helps employers assess the candidate’s professional trajectory and reliability.
Education Verification
Education verification confirms the degrees, diplomas, or certifications a candidate claims to have earned. The process involves direct contact with the accredited educational institution to confirm the dates of attendance and the credential awarded. For a high-level check, this step may also include verifying the accreditation status of the institution itself to prevent hiring individuals who have used diploma mills.
This verification safeguards against resume fraud. Confirming credentials directly from the source provides confidence that the candidate possesses the foundational knowledge necessary for the role.
Credit History Report
A credit history report is included in a thorough check primarily for positions involving significant financial responsibility, access to large sums of money, or fiduciary duties. The report summarizes the applicant’s financial reliability, including outstanding debts, payment history, and public records such as bankruptcies or tax liens. This consumer report does not reveal the individual’s credit score.
The check assesses a candidate’s financial stability, which indicates their overall responsibility and susceptibility to financial pressures. Due to the sensitive nature of this information, its use is heavily regulated, and employers must ensure the information is relevant to the job.
Motor Vehicle Records (MVR) Check
A Motor Vehicle Records (MVR) check is necessary for any position that requires the employee to operate a company vehicle or drive frequently for business purposes. This search provides a detailed history of the applicant’s driving record, including license status, violations, suspensions, and accidents.
The MVR check helps employers evaluate a candidate’s driving safety record and ensures they possess a valid license for the required vehicle class. This step reduces liability and mitigates risk for roles where driving is a core function of the job.
Professional Licenses and Credentials
Verification of professional licenses and credentials investigates required certifications, such as those for doctors, accountants, lawyers, or specialized technicians. This process confirms that the license is active, in good standing, and that the applicant is the legitimate holder. The check also identifies any past or current disciplinary actions, sanctions, or malpractice claims associated with the license. This is a standard requirement in highly regulated industries like healthcare and finance, where professional standing is linked to compliance and competence.
Understanding the Legal Framework Governing Background Checks
The procedures for conducting background checks are highly regulated, primarily by the federal Fair Credit Reporting Act (FCRA), which governs the use of consumer reports for employment purposes. The FCRA applies whenever an employer uses a third-party Consumer Reporting Agency (CRA) to conduct a background screening. The law mandates that CRAs follow reasonable procedures to ensure the accuracy of the information they report.
The FCRA establishes privacy standards, dictating who can access a consumer report and for what permissible purpose. It requires CRAs to prevent the reporting of inaccurate, outdated, or expunged information, ensuring criminal records are correctly identified and include the final disposition of the case. State laws also influence the process, often restricting the reporting of certain information or limiting when an employer can inquire about criminal history, such as through “Ban the Box” legislation.
The Scope and Time Limits of the Investigation
The scope of the investigation is largely dictated by the FCRA’s reporting limitations. The FCRA generally imposes a seven-year limit on the reporting of certain negative items from the date they were filed or entered into the record. This restriction typically applies to:
- Civil suits and civil judgments
- Records of arrest not leading to a conviction
- Paid tax liens
- Accounts placed for collection
Bankruptcies have a longer limitation, with Chapter 7 filings generally restricted to reporting for ten years. The FCRA does not impose a time limit on the reporting of criminal convictions, meaning they can be reported indefinitely at the federal level. However, many states limit the reporting of convictions to seven years, often leading CRAs to adopt this more restrictive timeframe as standard practice. For employment and education verification, there is generally no time limit, and a thorough check may attempt to verify all claims made by the applicant.
Applicant Rights and the Consent Process
Before a thorough background check can be initiated, the applicant must be fully informed and provide explicit consent. The FCRA requires the employer to provide a clear disclosure that a consumer report may be obtained for employment purposes. This disclosure must be presented in a document that consists solely of the disclosure, ensuring it is not buried within other application materials.
The applicant must then provide separate authorization before the employer can order the report. If the check is completed, the applicant has the right to request and receive a copy of the report used by the employer. If the applicant believes any information is inaccurate or incomplete, they have the right to dispute the findings directly with the Consumer Reporting Agency that furnished the report.
The Adverse Action Process
If a background check uncovers information leading an employer to consider rejecting the applicant, the employer must follow the two-step adverse action process. This process is mandated by the FCRA to protect the applicant’s rights and provide them with an opportunity to review and dispute the findings. The first step is the pre-adverse action notice, which alerts the applicant that a negative decision is being considered based on the report.
The pre-adverse action notice must include a copy of the background check report and a document titled “A Summary of Your Rights Under the Fair Credit Reporting Act.” This step begins a mandatory waiting period, typically at least five business days, during which the employer cannot finalize the decision. This time allows the applicant to contact the CRA to dispute any inaccurate items. If the issue is not resolved, the employer proceeds to the second step, sending the final adverse action notice. This final notice informs the applicant of the decision and includes information about the CRA that provided the report, along with a reminder of the applicant’s right to dispute the information.