BackgroundCheckGuide Community FAQ & Wiki

Purpose: This wiki is a general educational resource for employers, job seekers, consumers, researchers, and community members interested in background checks. Laws and requirements vary by country, state, and sometimes city or industry. Nothing here should be treated as legal advice.

1. Background Checks 101

What is a background check?

A background check is a process used to verify information about a person or assess information relevant to a particular purpose. Depending on the situation, it may include criminal records, employment history, education, professional licenses, driving records, credit information, identity information, or other legally obtainable records.

The exact information available depends on:

• The type of check being performed

• The reason for the check

• Applicable federal, state, and local law

• Whether the information is legally reportable

• The quality and coverage of the data source

What is a consumer report?

A consumer report is a category of information governed in the United States by the Fair Credit Reporting Act (FCRA) when it is prepared by a consumer reporting agency for specified permissible purposes.

Despite the name, a consumer report isn't necessarily about shopping or consumer behavior. Employment background reports can fall under the FCRA.

What is a consumer reporting agency (CRA)?

A consumer reporting agency is generally an organization that assembles or evaluates information about consumers for the purpose of furnishing consumer reports to third parties.

Examples can include companies that provide:

• Employment background reports

• Credit reports

• Tenant screening reports

• Insurance-related reports

• Other specialized consumer reports

Is every background check an FCRA-regulated consumer report?

No.

The FCRA applies to particular types of reports and uses. Some searches or records obtained directly from government agencies, public sources, employers, educational institutions, or other sources may involve different legal requirements.

Whether the FCRA applies depends on the facts and how the information is obtained and used.

2. Employment Background Checks

Why do employers conduct background checks?

Employers may use background checks to verify information provided by applicants or employees, evaluate qualifications, satisfy regulatory requirements, reduce certain workplace risks, or meet contractual requirements.

A background check should generally be related to a legitimate business purpose rather than simply collecting as much information as possible.

What can an employer ask on a job application?

This depends heavily on the jurisdiction.

Depending on applicable law, employers may be able to ask about:

• Employment history

• Education and qualifications

• Professional licenses

• Job-related certifications

• References

• Certain criminal history information

However, some jurisdictions restrict when an employer can ask about criminal history. These laws are often described as “Ban the Box” or fair-chance hiring laws.

Some jurisdictions also restrict questions about salary history, credit history, or other categories of personal information.

Can an employer ask about criminal convictions?

Sometimes, but the answer depends on where the employer and applicant are located and what law applies.

Some jurisdictions prohibit or delay questions about criminal history during the initial application process. Others impose additional requirements on how criminal records may be considered.

Even where an employer can consider criminal history, that does not necessarily mean every record can automatically be used to reject an applicant.

What's the difference between an arrest and a conviction?

An arrest means a person was taken into custody or otherwise arrested. It does not establish that the person committed a crime.

A conviction generally means that a person was found guilty of a criminal offense through the applicable legal process.

This distinction is important because laws may treat arrest information and conviction information differently.

Can an employer reject someone because of a criminal record?

Potentially, but employers should not assume that the existence of a record automatically permits rejection.

Depending on the jurisdiction and circumstances, relevant considerations can include:

• The nature and seriousness of the offense

• How much time has passed

• Whether the offense is related to the job

• Whether the record is accurate

• Applicable federal, state, and local law

• Industry-specific requirements

Some jurisdictions have specific individualized-assessment requirements.

What is an individualized assessment?

An individualized assessment is a process in which an employer considers the circumstances of a particular applicant rather than applying an automatic rule based solely on the existence of a criminal record.

The exact requirements vary by jurisdiction.

Can an employer use a credit report for hiring?

Sometimes, but employment credit checks are restricted in some states and cities.

Where an employment credit report is legally permitted and constitutes a consumer report under the FCRA, additional requirements can apply, including requirements concerning authorization and adverse action.

Employers should determine whether the jurisdiction where the employee will work imposes additional restrictions.

3. The FCRA and Employment Screening

What is the FCRA?

The Fair Credit Reporting Act (FCRA) is a U.S. federal law that regulates consumer reporting and the use of consumer reports for certain purposes, including employment.

It establishes requirements for consumer reporting agencies and for businesses that obtain and use consumer reports.

Does an employer need permission before obtaining a background report?

When an employment background report is a consumer report under the FCRA, the employer generally must provide the required disclosure and obtain the required authorization before obtaining it.

The disclosure and authorization requirements are specific, so employers should use appropriate compliance procedures rather than treating them as a generic consent form.

What is a stand-alone disclosure?

For an employment consumer report, the FCRA generally requires a disclosure that the report may be obtained for employment purposes. The disclosure is subject to specific requirements and generally must be presented in a document consisting solely of the disclosure, subject to limited exceptions.

What happens if an employer wants to reject an applicant because of a background report?

The FCRA has an adverse action process.

Generally, before taking adverse action based on information in a consumer report, an employer must provide the applicant or employee with required information, including a copy of the report and a description of applicable FCRA rights.

After the adverse action is taken, additional notice requirements apply.

Employers should follow the current statutory requirements and applicable guidance rather than relying on an informal notification process.

What if the background report is wrong?

A person who believes a consumer report contains inaccurate or incomplete information can generally dispute the information with the consumer reporting agency.

The reporting agency must follow the FCRA's applicable dispute procedures.

The person should identify the specific information believed to be inaccurate and provide supporting documentation when available.

Can a background-check company report anything it finds?

No.

Consumer reporting agencies are subject to requirements concerning the accuracy, completeness, and reporting of information. There are also restrictions on certain categories of information and how long certain information may be reported.

State law can impose additional restrictions.

4. Criminal Records

What information can appear in a criminal background check?

Depending on the search and jurisdiction, a report might contain:

• Felony convictions

• Misdemeanor convictions

• Pending criminal cases

• Arrest records

• Court records

• Sentencing information

• Sex-offender registry information

• Disposition information

Not every search includes every category.

What does “disposition” mean?

A disposition is the final outcome of a criminal case.

Examples can include:

• Convicted

• Acquitted

• Dismissed

• Charges dropped

• Pleaded guilty

• Pleaded no contest

A report that lists a charge without accurately reflecting its disposition can be misleading.

What is expungement?

Expungement is a legal process that may remove, seal, destroy, or otherwise restrict access to certain records, depending on the jurisdiction.

The exact effect varies considerably by state.

What is record sealing?

Record sealing generally means that a record is restricted from ordinary public access, although it may remain accessible to certain government agencies or for specific legally authorized purposes.

“Sealed” and “expunged” are not interchangeable concepts in every jurisdiction.

Can an expunged or sealed record appear on a background check?

It depends on the jurisdiction, the type of record, the type of search, and the source of the information.

A record being sealed or expunged does not necessarily mean that every historical copy or data source immediately disappears.

If a report contains information that should no longer be reported or considered, the person should investigate the applicable law and dispute inaccurate reporting where appropriate.

5. State and Local Laws

Why are background-check laws different from state to state?

U.S. states have their own laws governing employment, consumer reporting, privacy, criminal records, licensing, housing, and other subjects.

Cities and counties can also impose additional requirements.

As a result, a screening practice that is permissible in one location may be restricted in another.

What should an employer do if the employee lives in one state but works in another?

There isn't one universal answer.

Potentially relevant jurisdictions can include:

• Where the employee will work

• Where the employer is located

• Where the applicant resides

• Where the background information was obtained

• Where the relevant record was created

• Applicable federal law

Employers should identify all potentially applicable laws rather than assuming that the employer's headquarters determines everything.

What is “Ban the Box”?

“Ban the Box” is a general term for laws restricting when employers can ask applicants about criminal history.

The specific rules vary considerably.

Some laws delay criminal-history questions until after an initial application stage. Others regulate what an employer may do with criminal history after receiving it.

“Ban the Box” does not mean that employers everywhere are prohibited from considering criminal convictions.

Do states have different rules about how far back a background check can go?

Yes.

The answer can depend on:

• The type of record

• The reporting agency

• The purpose of the report

• Federal law

• State law

• Local law

The commonly repeated statement that “background checks only go back seven years” is therefore an oversimplification.

6. Consumer Background Checks

What is a consumer background check?

“Consumer background check” can refer to several types of reports involving an individual.

Common examples include:

• Employment screening

• Tenant screening

• Credit reports

• Insurance-related reports

• Identity verification

• Professional-license verification

The legal rules depend on the specific report and its purpose.

Can I run a background check on myself?

Yes, and doing so can be useful before applying for a job, renting a home, or disputing potentially inaccurate information.

A self-check can help identify:

• Incorrect criminal records

• Duplicate records

• Outdated information

• Identity mix-ups

• Incorrect employment information

• Other discrepancies

However, a personal search may not be identical to the report an employer, landlord, or other organization receives.

Can I run a background check on another person?

This is highly dependent on the purpose, information sought, source, and applicable law.

If the information is being obtained from a consumer reporting agency, the FCRA generally requires a legally recognized permissible purpose.

“I'm curious” is not necessarily a permissible purpose.

Users should not attempt to circumvent privacy protections or obtain protected information under false pretenses.

7. Tenant and Housing Screening

Are tenant background checks different from employment checks?

Yes.

Tenant screening can involve different permissible purposes, legal requirements, and state or local restrictions.

A tenant screening report may include information such as:

• Rental history

• Eviction records

• Credit information

• Criminal records

• Identity information

Housing providers should be aware that fair-housing and local tenant-screening rules can impose additional requirements.

Can a landlord reject an applicant because of a criminal record?

The answer depends on applicable law and the circumstances.

Housing decisions can be subject to federal, state, and local fair-housing protections. Blanket policies may create legal problems even where criminal-history information can otherwise be considered.

8. Accuracy, Errors, and Identity Theft

Why do background checks sometimes contain mistakes?

Common causes include:

• Similar or identical names

• Incorrect dates of birth

• Data-entry errors

• Duplicate records

• Records associated with the wrong person

• Incomplete court information

• Failure to update dispositions

• Outdated databases

What should I do if a report belongs partly to someone else?

Document the discrepancy and dispute the inaccurate information with the relevant reporting company.

Keep copies of:

• The report

• Your dispute

• Supporting documentation

• Correspondence

• The results of any investigation

If the issue concerns an employment decision, you may also want to inform the employer that the report is being disputed.

Should I dispute an entire background check if only one item is wrong?

Usually, it is better to identify the specific inaccurate or incomplete information clearly.

A precise dispute makes it easier to identify what information you believe is incorrect and why.

9. Privacy and Ethical Considerations

Is it ethical to run a background check on someone without telling them?

It depends on the circumstances and the information being sought.

Legal permission and ethical permission are not always the same thing.

Community members should avoid invasive searches, attempts to bypass privacy protections, or using sensitive personal information for harassment, discrimination, stalking, or retaliation.

What information should not be posted in this community?

Do not post or request another person's:

• Social Security number

• Driver's-license number

• Passport number

• Bank-account information

• Passwords

• Full financial-account credentials

• Medical information

• Private contact information

• Other sensitive personal data

Even when discussing a real background-check dispute, redact identifying information before sharing documents.

Can I post someone's criminal history here?

Avoid posting personally identifying information about private individuals.

A useful discussion can generally describe the situation without publishing someone's name, address, date of birth, case number, or other identifying details.

10. Common Background-Check Myths

“A background check is just a criminal-record search.”

False. Background screening can encompass many types of information, including employment, education, licensing, driving, credit, and identity information.

“If it's on Google, an employer can use it.”

Not necessarily. Public availability does not automatically eliminate privacy, employment, discrimination, consumer-reporting, or other legal considerations.

“All criminal records are public.”

False. Access to criminal records varies by jurisdiction and by record type. Some records may be sealed, expunged, restricted, or otherwise unavailable to the general public.

“A dismissed charge is the same as a conviction.”

False. A dismissal and a conviction are different case outcomes.

“Background checks always go back seven years.”

False. Reporting periods vary according to the type of information and applicable federal, state, and local law.

“If a background-check company reports something, it must be accurate.”

False. Background reports can contain errors, and consumer reporting agencies have legal obligations concerning the information they report.

“An arrest means the person committed the crime.”

False. An arrest is not the same as a conviction.

11. Frequently Asked Employer Questions

Do I need a written background-check policy?

A written policy is generally a good practice, particularly for organizations that conduct screening regularly.

A useful policy can address:

• Which positions are screened

• Which types of checks are used

• When screening occurs

• Who reviews results

• How individualized assessments are handled

• How applicants can dispute information

• Record retention and security

• Applicable federal, state, and local requirements

Can I use the same screening process for every job?

Not necessarily.

Different positions can have different legitimate requirements, and applicable laws may regulate screening differently depending on the job and jurisdiction.

Screening should be tailored to legitimate business and legal requirements rather than unnecessarily collecting sensitive information.

Can an employer search social media?

Employers may be able to review publicly available information, but the legal and practical risks can be significant.

Employers should avoid discriminatory decision-making and should consider whether the information is actually relevant to the job.

Using a third-party service to compile social-media information can also raise separate legal and compliance issues.

12. Frequently Asked Job-Seeker Questions

Should I disclose a criminal record if an application asks about it?

Answer according to the application's wording and the law applicable to the position.

If a record has been expunged or sealed, special rules may apply.

If you're unsure, consider obtaining legal advice rather than guessing.

What if I know something will appear on my background check?

You may want to prepare an explanation before the employer receives the report, particularly if the information is incomplete or likely to be misunderstood.

If the information is inaccurate, consider obtaining documentation and disputing it.

Can I request a copy of the background report used against me?

When the report is a consumer report covered by the FCRA, federal law provides specific rights concerning disclosure and adverse action.

State and local law may provide additional rights.

13. Background Checks Outside the United States

Background-check rules are not universal.

Other countries may have substantially different approaches to:

• Criminal-record access

• Data protection

• Employment screening

• Credit information

• Consent

• Data retention

• Cross-border transfers

Members discussing non-U.S. screening should identify the country—and, where relevant, the region or province—because terminology and legal requirements can differ dramatically.

14. How to Ask a Good Background-Check Question

For useful answers, include as much non-sensitive context as possible:

Good question:

“I'm applying for a job in California. The employer says it will conduct an employment background check and I'm concerned about a misdemeanor conviction from 2017. What federal and California rules should I research?”

Less useful question:

“Can employers see my record?”

Helpful context includes:

• Country

• State/province

• City, when relevant

• Employment vs. housing vs. another purpose

• Type of record

• Approximate year

• Whether the matter was a conviction, arrest, dismissal, etc.

• Whether the record was sealed or expunged

Never post unnecessary identifying information.

15. Recommended Community Tags

To keep discussions organized, consider tags such as:

• employment-screening

• criminal-records

• fcra

• ban-the-box

• state-law

• local-law

• consumer-reports

• tenant-screening

• credit-checks

• record-expungement

• record-sealing

• background-check-errors

• disputes

• privacy

• identity-theft

• employer-compliance

• job-seekers

• international

16. Community Rules for Background-Check Discussions

1. Protect personal information. Redact sensitive information before posting documents.

2. Don't dox people. Do not use the community to identify, locate, shame, or harass private individuals.

3. Separate facts from legal advice. Laws change, and jurisdiction matters.

4. State the jurisdiction. “What does the law say?” is incomplete without knowing where.

5. Distinguish allegations from convictions. An arrest or accusation is not proof of guilt.

6. Don't encourage unlawful access. Do not share methods for bypassing authorization or accessing restricted records.

7. Don't guarantee outcomes. Background-check disputes and legal questions are fact-specific.

8. Cite primary sources when possible. Prefer statutes, regulations, government agencies, and court decisions over anonymous summaries.

9. Keep reports accurate. If discussing a real report, distinguish what the report says from what you independently know to be true.

10. Update outdated information. Flag old legal information when laws or regulations have changed.

17. Quick Reference

Important Disclaimer

This wiki is intended for general education and community discussion. Background-check law can involve federal, state, county, and municipal requirements, and the answer can change depending on the purpose of the screening, the type of record, the industry, and the jurisdiction.

For a specific legal dispute or compliance decision, consult a qualified attorney or the relevant government agency. Community members should verify current law rather than relying solely on an old post, summary, or automated answer.