An employment background check is a formalized process where an employer reviews a person’s commercial and public records to assess their reliability and suitability for a job. Screening is typically performed after a conditional job offer has been extended. It involves consolidating information from various sources to verify an applicant’s claims and help mitigate potential risks associated with the role. The scope of a background check is not universal, as the types of records searched depend on the specific requirements of the position and the industry’s regulatory obligations.
Legal Requirements and Your Rights
Federal regulation governs the permissible use and reporting of consumer information used in employment screening. Before a background check can begin, the employer must provide the applicant with a clear, written disclosure that a consumer report will be obtained for employment purposes. This disclosure must be presented in a document consisting solely of this information, separate from the job application. The company must also secure the applicant’s written authorization to perform the search.
These requirements ensure the applicant is aware of the process before their records are accessed. If an employer intends to take adverse action, such as rescinding a job offer, based on information found in the report, they must follow a specific procedure. This process includes providing the applicant with a copy of the report and a summary of their rights, giving them a reasonable amount of time to review and dispute any inaccuracies before a final decision is made.
Criminal History Records
The search for criminal history is the most detailed component of an employment background check, covering local, state, and federal court records. The purpose is to identify convictions that are relevant to the job’s duties and responsibilities. The search depth determines whether records are pulled from county courthouses, statewide repositories, or national databases.
Felony and Misdemeanor Convictions
Convictions (findings of guilt or guilty pleas) are the most common criminal findings reported to an employer. Federal law generally permits the reporting of criminal convictions indefinitely, regardless of how long ago they occurred. However, many states impose their own limits, restricting the reporting of convictions to the past seven years. This means the reportable age of a conviction varies significantly depending on the jurisdiction and the specific state law.
Pending Cases and Arrests Without Conviction
Many states have laws that restrict or entirely prohibit the reporting of arrests that did not result in a conviction. Information regarding pending criminal cases (where a final disposition has not been reached) may be reported, subject to state-specific regulations. These limitations help to prevent applicants from being unfairly penalized for an arrest that did not lead to a finding of guilt. Records that have been sealed, dismissed, or expunged are excluded from an employment background report.
Sex Offender Registry
A search of the national Sex Offender Registry is standard, particularly for positions involving vulnerable populations (children, the elderly, or those with disabilities). This check uses a centralized database compiling information from all fifty states.
Employment and Education Verification
Verification checks confirm the claims an applicant has made on their resume or job application. Screening involves direct contact with third parties (former employers and educational institutions), rather than a passive search of public records. This process ensures the applicant possesses the work experience and credentials necessary for the role.
Employment verification confirms the dates an individual started and ended employment, along with the job title held at a former company. Due to liability concerns, many past employers only verify basic facts (dates of employment and job title), and will not offer subjective assessments of performance.
Education verification confirms the degrees, diplomas, or certificates the applicant claims to have earned and the dates they attended the institution. This is conducted to prevent fraudulent claims of academic achievement. Verification involves contacting the registrar’s office or using a third-party service that maintains student records.
Financial and Credit History Reports
A financial or credit history report is a highly regulated search not used for all jobs. These reports are typically reserved for positions that involve significant financial responsibility, access to company funds, or require a high-level security clearance. The report provides a snapshot of an applicant’s financial behavior, indicating their trustworthiness and ability to handle money.
The report reveals public record information such as bankruptcies, tax liens, and civil judgments, detailing collection accounts and payment history on financial obligations. The report does not include the applicant’s credit score, account numbers, or any information about medical debts, as these details are not considered relevant to an employer’s assessment of financial trustworthiness.
Specialized Public Record Searches
Certain roles require specialized public record searches beyond the standard criminal, employment, and credit checks. These searches are only performed when the information is directly relevant to the specific job requirements.
Driving Records
Driving Records, known as Motor Vehicle Records (MVR), are essential for any position that requires the employee to operate a company vehicle or drive extensively as part of their duties. An MVR check reveals the applicant’s license status, moving violations, and any history of driving-related offenses.
Professional Licensing and Certification
Verification of Professional Licensing and Certification is conducted for roles in fields such as medicine, law, or finance. This search confirms the license is current and discloses any disciplinary actions or sanctions taken against it by a governing board.
Drug testing is a common requirement in the hiring process, but it is a separate medical screening rather than a component of the public record background check itself.
The Look-Back Period and Time Limits
Federal law provides a general reporting limit of seven years for certain types of adverse information, including civil suits, civil judgments, paid tax liens, and most collection accounts. This restriction is designed to ensure that older, non-conviction-related financial or civil events do not permanently hinder an applicant’s employment prospects.
There are important exceptions to this seven-year limit, particularly concerning criminal convictions, which can often be reported indefinitely depending on state law. Furthermore, the seven-year restriction does not apply to employment history, education verification, or for positions where the expected annual salary meets or exceeds a certain federally defined threshold. State laws can also impose shorter or longer look-back periods than the federal standard.
Common Information That Is Excluded
Many types of personal information are legally excluded from an employment background check to prevent discriminatory hiring practices. Employers cannot access or use an applicant’s medical history, including records of disability status or past worker’s compensation claims. Information related to an applicant’s age, beyond what is necessary for identity verification, or their nationality is also excluded.
The background check process is regulated to focus on job-related information, meaning employers cannot typically request details about an applicant’s religion, political affiliation, or marital status. While a person’s publicly visible social media activity may be reviewed, private social media accounts or non-relevant personal posts are generally off-limits for screening purposes. This regulated approach ensures background checks evaluate a candidate’s qualifications and reliability for the role, not their personal life.