Employment Background Search
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The employer is required to notify the candidate in writing that they want to conduct an employment background check and get a consumer report on them. The candidate must give written consent. A candidate can refuse but this will usually be interpreted negatively by a possible employer and may cost the job offer. |
An employer is obliged to disclose the contents of the pre-employment background check to the candidate who may dispute the findings if they think they are inaccurate.
What to expect from a credit report?
A copy of the candidate's credit report is often included in an employment background search. A modified version of the credit report is often called an "employment report" and includes details of credit-payment history and other credit-related characteristics.
A standard credit report also includes a credit score for the candidate.In addition to the candidate's payment history a credit report usually includes details about the candidate's previous addresses and employers. This can be used to verify the accuracy of information given in the resume or application.
What to expect from a criminal check?
Criminal records kept by the court system are public records and are generally available to employers. The only restriction given by the FCRA is that an arrest record that is over 7 years old cannot be included in an employment background search. However the FCRA gives no time restriction on an actual criminal conviction.
Employers may request court records from every jurisdiction where the candidate has lived. Typically employers use a consumer reporting agency to do the criminal check for them. Laws on checking criminal history vary from state to state.
What other public records can be included in an employment background check?
Information on bankruptcy, civil judgments or tax liens are also public records that may be part of the check. Restrictions state that civil judgments and tax liens older than 7 years should not be reported and bankruptcy older than 10 years should not be reported. However these time limits only apply to positions with an annual salary of less than $75000. It is illegal to discriminate against a candidate on the basis of having filed for bankruptcy. Laws on background checks vary from state to state.
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The following records are not public records and the potential employer is required to get the candidate's permission before obtaining these records. School and education records are confidential and can only be released with the student's consent. |
The employer is not allowed to ask questions about medical history and is only allowed to inquire about the candidate's ability to perform the job. Go to handling illegal questions to view other illegal questions you may be asked in the job interview and how to manage this.
The best way to manage the employment background search is to know what information an employer is likely to get. Go to the tips on how to prepare for the background employment check and be prepared for anything that employment background checks may come up with.
Know the standard reference check questions asked by viewing the Standard Reference Check Form
The employment screening process often includes a pre employment drug test. Use these answers to Frequently Asked Questions about Employment Drug Testing to inform yourself fully about this process.
Certain companies are permitted to use The Employment Polygraph. Find the answers to commonly asked questions about the use of polygraph examinations for employment purposes.
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