A pre-employment background check is a standardized investigative process used by employers to verify the information a job candidate provides and to assess their overall suitability for a position. This screening acts as a safeguard, providing a deeper look into a person’s history to confirm their qualifications, integrity, and safety profile before a final hiring decision is made. The specific components of a check are not universal, varying widely depending on the industry, the sensitivity of the role, and the state where the candidate resides. Understanding what information can be legally accessed is necessary, as the scope is tailored to the job, whether it involves driving a company vehicle, handling large sums of money, or working with vulnerable populations.
The Legal Framework Governing Background Checks
The process of obtaining a pre-employment background report is governed by the Fair Credit Reporting Act (FCRA), a federal law designed to ensure the accuracy, fairness, and privacy of the information collected. Under this regulation, an employer must provide the job applicant with a clear and conspicuous written notice that a background check will be conducted, and they must obtain the candidate’s written consent before initiating the process. This disclosure must be presented in a stand-alone document, separate from the employment application itself.
If the employer decides not to hire a candidate based on the findings of the report, they must follow a two-step adverse action procedure. First, they must provide the candidate with a pre-adverse action notice, a copy of the background report, and a summary of their rights under the FCRA. This step grants the applicant a reasonable period, typically five business days, to review the information and dispute any errors with the consumer reporting agency.
After the waiting period, the employer must issue a final adverse action notice if the decision to deny employment remains unchanged. This mandated process helps protect applicants by ensuring they are aware of the information used against them. The FCRA’s requirements apply specifically when an employer uses a third-party screening company.
Verification of Identity and Credentials
A foundational component of the background check involves confirming the candidate’s identity and validating the credentials listed on their resume. This process typically begins with an identity trace, often using the Social Security Number to confirm the applicant’s name, date of birth, and address history over the past several years. The address history generated from this trace is then used to determine the necessary jurisdictions for other searches, such as criminal record checks.
The screening company will also contact educational institutions to verify the applicant’s academic claims, confirming details like dates of attendance, the type of degree obtained, and the field of study. For specialized roles, professional licenses and certifications are verified by contacting the relevant state or national licensing boards. This ensures the candidate holds the current, valid credentials required for the job.
Detailed Employment History Review
To validate a candidate’s professional background, an employment history review confirms the details of past work experience. The screening company contacts previous employers to verify the companies worked for, the specific dates of employment, and the job titles held. This is a direct measure to ensure the work history provided on the application or resume is accurate.
Many former employers restrict the information they release, often adhering to a “safe harbor” approach where they only confirm dates of employment and job titles. They typically avoid providing detailed information on performance or reasons for departure to mitigate the risk of defamation lawsuits. While background checks confirm employment gaps by verifying start and end dates, they do not automatically provide an explanation for those gaps.
Criminal History Records
The criminal history check is often the most comprehensive part of the screening and involves searching records at multiple jurisdictional levels. This search typically includes county, state, and federal databases to uncover felony and misdemeanor convictions, as well as any pending criminal cases. The most accurate data often comes from direct searches of county courthouse records, where offenses are initially filed.
Federal law imposes restrictions on how far back certain adverse information can be reported for jobs paying less than $75,000 annually. The FCRA generally limits the reporting of non-conviction data, such as arrests that did not lead to a conviction, to a period of seven years. Records of criminal convictions themselves can generally be reported indefinitely, though some state laws may impose a seven-year limit on all criminal records. Employers also frequently search the national Sex Offender Registry for relevant information.
Financial and Credit Reporting
A financial or credit report may be included in the screening process, but it is typically reserved for positions involving fiduciary responsibilities, handling company money, or requiring security clearance. This type of report is a modified version of a standard consumer credit report. An employer must obtain separate, specific consent from the applicant to run a credit check for employment purposes.
The employment credit report will detail financial public records such as bankruptcies, civil judgments, and tax liens, which can remain on a report for up to ten years. It also provides insight into payment history and any accounts currently in collections. Employment credit reports do not include the candidate’s credit score, nor do they include information related to protected characteristics like race, age, or marital status.
Other Specialized Checks
Beyond the standard record searches, certain roles require specialized screenings to mitigate specific risks inherent to the job function.
Motor Vehicle Record (MVR) Report
The MVR report is essential for any position that requires driving a company vehicle or transporting goods or people. The MVR check reveals the status of the candidate’s driver’s license, including any suspensions or revocations, along with moving violations and accident history over the past three to seven years, depending on state law.
Drug Screening
Pre-employment drug screening is a specialized process, often conducted separately from the records check. The most common method is a urine test, but employers may also use hair, saliva, or blood samples, each offering a different detection window for substance use. A standard screening, frequently a 5-panel test, checks for the presence of substances such as amphetamines, cocaine, opiates, phencyclidine (PCP), and marijuana (THC).
Information That Does Not Appear
Federal and state laws prohibit or restrict the reporting of several categories of personal information on a standard pre-employment background check. Information that relates to protected characteristics, such as a candidate’s age, race, religion, gender, or national origin, is excluded from employment reports.
Most medical information is also excluded, as health records and disability status are protected by privacy laws like HIPAA. Similarly, an applicant’s workers’ compensation history is generally not disclosed prior to a conditional job offer. Furthermore, records that have been legally sealed or expunged are typically not reported by compliant screening agencies. The seven-year FCRA reporting limit also excludes most old, non-conviction adverse data.