Background Checks

A background check or background screening is the process of examining public and private sources to collect information about a person. Background checks may be used by employers, landlords, or volunteer organizations.

The information included in a background check will vary depending on the purpose of the screening. However, background checks often include some or all of the following:

Pre-employment background checks are screenings conducted by employers as part of the hiring process. They may involve a criminal history check, credit check (if the role is finance-related), driving record check (if the position involves driving), and employment or education verification. Employers may also choose to conduct reference checks, drug testing, or other additional screenings. In some industries, such as education, healthcare, and commercial transportation, pre-employment screening is required by law.

Employers use pre-employment background checks to help make more informed hiring decisions, mitigate risk to their business, and protect their organization against liability.

Pre-employment background checks typically start by notifying the candidate of the intent to conduct a background screening and obtaining their consent. Employers then gather the job applicant’s personally identifying information (PII), such as full name, date of birth, Social Security number (SSN), and current or past addresses.

Background check services, like Checkr, use the candidate’s PII and SSN to conduct the specific background screenings the employer requests, such as criminal records checks or driving record checks. Depending on the type of screening, this process may include searching online databases, making phone calls, or physically visiting courthouses or motor vehicle departments to gather records. When the screening is completed, the employer receives a background check report with the requested information.

Federal laws and guidelines, as well as state and local laws, regulate how and when background checks are conducted, what information can be included in the background check report, and how that information can be used in hiring decisions. For example, the Fair Credit Reporting Act (FCRA) specifies how companies can obtain and consider the information in consumer reports (which include background checks), and outlines the adverse action process employers must follow if they decide to deny employment based on a candidate’s criminal record. Further, the Equal Employment Opportunity Commission (EEOC) offers guidance to employers for preventing discrimination by considering the results of a background check in the proper context, called an individualized assessment.

Background check results can reveal different information about an individual, depending on which searches are included. State and local laws as well as FCRA requirements may dictate what kind of information can be legally reported in a background check report, too. What do employee background checks look for? Here are some examples of the types of searches included in a background check and what information employers may see:

In general, background checks search criminal and court records going back seven years; however, some types of screenings may go back further. For example, bankruptcies older than seven years may show up on a credit check. State, local, and industry regulations may also impact how far back an employer can search.

In 2023, businesses faced a myriad of hiring challenges that stemmed from the evolving landscape of work. A significant hurdle is the ongoing talent shortage driven by a lack of workers available to meet the hiring demand.

To help hiring managers and companies prepare to attract, hire, and retain top talent, Checkr surveyed 1,000 business leaders across America about how they feel about the current hiring landscape, what it takes to compete for top talent, key hiring strategies, the importance of background checks, and what they’re looking forward to in 2024. View the full report.

*Data from Checkr proprietary survey of 1,000 American business leaders

Using a background screening service can simplify the hiring process for both you and your candidates. To help ensure legal compliance, you can partner with a qualified, FCRA-compliant provider like Checkr.

Checkr’s advanced background check platform improves speed and accuracy for more efficient employment screening. Built-in compliance tools help ensure your screenings conform to applicable federal, state, and local laws and automatically generate the required forms and communications, minimizing the need for time-consuming manual processes. Easy-to-read reports and automated workflows streamline the background screening process, so you can hire quickly and confidently.

Your candidates will benefit from simplified screening, too. Our mobile-optimized candidate portal guides applicants through every step of the process, while built-in FAQs quickly answer questions and address concerns.

We’ve built the most advanced background check toolset in the industry to make hiring faster, easier, more accurate, and lower risk. Get started today.

The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.