Background checks

A background check or background screening is the process of examining public and private sources to collect and review information about an individual.

Background check results can report 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. 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 a background check goes.

Understanding how background checks work is important whether you’re using a DIY-approach or working with a background check provider, like Checkr. 

1. Get candidate consent. Pre-employment background checks typically start by notifying the candidate of your intent to conduct a background check and obtaining their consent in writing before proceeding. For employers that choose to partner with a CRA, this step is required by federal law under the FCRA.
2. Information gathering. Next, employers gather the candidate’s personally identifying information (PII), such as their full name, date of birth, Social Security number (SSN), and current or past addresses. 
3. Data collection and analysis. Using the candidate’s PII and SSN information,  specific searches, like criminal record checks, are conducted—either directly by the employer or through a background provider, like Checkr. Depending on the type of check, this process may include searching online databases, making phone calls, or sending court researchers to review records at local courthouses. 
4. Report generation. When the background screening is completed, the employer typically receives a background check report with the results of the requested screenings. Depending on how the search is conducted, this information may be provided directly from the source, such as an official court record, or be provided as part of a more comprehensive background check report from a CRA. 
5. Employer review and decision-making. Employers use the information gathered in background check reports to determine a candidate’s qualifications and eligibility for a role. Employers must be mindful of regulations, like the FRCA and EEOC, that limit how information about an individual can be used in hiring decisions. Should an employer choose not to hire a candidate, the adverse action process must be followed. 

Background check turnaround times vary widely based on several factors, including whether you complete it yourself or work with a CRA, the types of screenings you choose, your location, and the availability of records. The average turnaround time when working with a CRA is three to five days. However, if you handle background checks in-house, it can take weeks to request and review public records, contact previous employers and educational institutions, and coordinate drug testing.

Here’s a closer look at some key factors that can affect how long a background check takes.

• Type of check. Each screening type has a variable turnaround time which can vary widely. For example, some criminal background checks can be returned within a day, while others take up to three days. Driving record checks average less than an hour online, but can take 1-3 business days when physical copies are needed.

• Data sources limitations. Turnround times are often impacted by how the data is accessed. When records are available online, results may come back in just minutes. But when a record check requires a visit to a courthouse or record request over the phone or by mail, it could take a few days to return results.

• Jurisdictional differences. State and local laws and regulations can also affect the speed of the background check process. Individual jurisdictions each have processes that must be followed when obtaining certain types of records, like MVRs and court records. For example, in person records may only be accessible during certain hours or there may be limits to the number of searches per day. Additionally, it may take weeks to process requests received by mail.

• Candidate cooperation. For a fast background check process, it’s important for candidates to provide accurate and complete information, along with written consent. Offering candidates an easy method to submit personal information, like through an online candidate portal, can help ensure accuracy and prevent delays.

It’s sometimes possible for employers and individuals to run a background check for free, but often not without limitations. For instance, some law enforcement and court records can be viewed at no cost, but you may have to pay a fee to request official copies of any reports. It’s also “free” to call about educational and professional references, but this still requires an employer to pay a hiring manager or background check provider to make the call. 

Individuals sometimes have a bit more flexibility with free background check searches since many states provide no cost public access to online records, such court records and arrest records. Individuals can also get a free copy of their credit report from all three credit bureaus (Equifax, Experian, and TransUnion). For more simple people searches, background check sites like Instant Checkmate or Spokeo offer free searches, but often quickly require upgrades to paid plans for more comprehensive checks. 

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.

Running a background check on yourself can help you understand what a potential employer or landlord may see, while also providing the chance to correct errors and prepare to answer questions or provide context when necessary. Order a personal background check.

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.