In cases where you’re after very basic info or if the background check is not likely to make a big impact on your hiring decision, you can conduct a background check yourself. Basically, if you feel that a cursory glance at information on social media and Google search is good, this may be your best choice. Background checks are governed by the Fair Credit Reporting Act , but you should know that there are an array of other laws that affect them, depending on state and region. Extremely important for positions of trust, this check is included with most background checks. Most background checks will look to see if the candidate is on the U.S. terror watch list. As soon as you start asking for opinions — questions about character, attitude, etc. — you’re doing an investigative consumer report.

In addition, when you run background checks through a company in the business of compiling background information, you must comply with the Fair Credit Reporting Act . This publication explains how to comply with both the federal nondiscrimination laws and the FCRA. It’s also a good idea to review the laws of your state and municipality regarding background reports or information because some states and municipalities regulate the use of that information for employment purposes. Job descriptions should clearly indicate what information will be obtained in the hiring process, as different positions within the company may call for a background check with unique specifications.

If you do find out a potential employee has a criminal record, how will you use the information? Privacy laws vary, with some states allowing potential employers to ask about a conviction only if it relates directly to the position. Other states only allow criminal background checksafter a certain point in the interview process, or after an offer of employment is made. It’s vitally important in your hiring process to treat all candidates the same, whether it relates to criminal background checks or any other criteria. It’s acceptable to turn down a candidate on the basis of the background check result, provided you don’t then make a job offer to another candidate with a similar record. To ensure equality for all, it’s best to include a statement in your job posting that indicates for which positions a criminal record is unacceptable.


A good indicator of a provider’s track record is the reviews it has received. Look online to read the testimonials and reviews provided by former and current clients. You can also look for information about the experiences applicants have had when working with the company. At iprospectcheck, we have extensive access to many different reliable databases and the necessary skills and training to return accurate and complete background check reports to our clients. A sex offender registry check performed by iprospectcheck will reveal whether an applicant appears on the sex offender registry of any state, tribal authority, or U.S. territory.

However, as of April 1, 2022, employers can use a candidate’s DOB with their consent to access criminal records or for identity matching purposes. Both Michigan and California added restrictions regarding using a candidate’s date of birth and other information during background checks that go into effect this year. That being said, California’s regulations are still relatively new and undergoing ongoing legal challenges, so pay close attention to any changes throughout the year. An amendment to Philadelphia’s existing Fair Criminal Record Screening Standards will go into effect April 1st, 2022. It expands the current regulations to cover both independent contractors and gig workers.

These tests may be of two types – numeracy tests and numerical reasoning tests. The tests are intended to assess the candidate’s ability to interpret and answer questions related to graphs, tables, sequences of numbers, and numerical word problems. Civil proceedings may also include cases of personal injury – road accidents, medical negligence, etc. Or, civil proceedings could involve employment disputes related to discrimination or breach of contract. The candidate has the right to contest the findings of the credit report.

Treat All Candidates Equally

In Georgia, for example, jobs in certain industries – such as home health, hospice ,and private home care – actually require a criminal background check. If state law requires background checks on only specified types of health care providers (e.g. nursing assistants/child care workers), then Joint Commission would require background checks on only those specified in state law . If state law requires background checks on all “employees”, the organization should seek an opinion from the state on what categories of health care workers are considered “employees”. If the state clearly does not consider volunteers or students to be employees, then Joint Commission would not require background checks on them .

Don’t ask for information about character while verifying previous employment facts. Please refer to the full specification for additional notes and limitations in these searches. There isn’t a single, comprehensive law that covers drug testing, so you’ll need to review your state’s specific drug testing regulations for specifics on what is and isn’t restricted. The American Civil Liberties Union keeps alist of each state’s regulations online. The best advice for employers in this regard is really to follow the EEOC’s guidance on job-relatedness determinations, as explained in this topic and in the last paragraph of the article “Job References and Background Checks” in this book. Everything you need to know about Civil Litigation ChecksRead Veremark’s “Everything You Need To Know About Civil Litigation Checks” to empower safe and smart hiring decisions as an exceptional employer.

Background check guidelines

See the reference chart below to determine which type of check will be conducted. For all faculty, Administrative and Professional (A&P, code 1000), and other specific positions. Access to pharmaceuticals, controlled substances, cash, checks, or credit cards. Robust Process Improvement Discover how different strategies, tools, methods, and training programs can improve business processes.

Get the applicant’s or employee’s written permission to do the background check. This can be part of the document you use to notify the person that you will receive the report. If you want the authorization to allow you to obtain background reports throughout the person’s employment, make sure you say so clearly and conspicuously. Once HR receives background check results, staff discusses them with hiring managers to decide next steps for the candidates and the position. Hiring managers/HR must tell candidates a clean background check doesn’t guarantee employment, unless they’ve already received a verbal job offer.

Texas Background Checks: A Complete Guide

If you need an international background check for an applicant, iprospectcheck can explain what you will need to submit. Employers that hire people on the excluded list and who have failed to conduct the OIG background check could face penalties and fines. Employers could also be placed at risk of liability in negligent hiring lawsuits.

Background check guidelines

Some companies may even find it prudent to run background checks on current employees when making internal hires or promotions, or run them routinely for certain positions. While we highlighted several areas that should be included in a background check, there are several other areas that may be important depending on the nature of a business. Other companies may want to verify an applicant’s educational degrees and school history. The answers to these inquiries are crucial, as a bad hirecan lower morale, hurt company productivity, and cost as much as three times the salary of the person being replaced.

Steps To Take Before Doing Background Checks

The university requires a criminal background check, including a sex offender registry check, on applicants for employment, current employees, and university affiliates as required by university policy and state and federal requirements. The reference chart provided below can help you determine which type of background check is required. Human Resource background checks have to be conducted according to the laws and regulations in place by each state. We have seen these laws enacted in states, cities, and counties across the nation for several years now.

Background check guidelines

The Tennessee Board of Regents will conduct background investigations on all applicants recommended for employment in sensitive positions identified. Only after this full assessment is completed does UWHR Recruiting determine whether it is appropriate to disqualify a candidate from employment based on a criminal conviction record. While recruiters are fully entitled to do checks such as education verification and, in some instances, credit checks, criminal checks can only be lawfully used under certain criteria. A civil offense check differs from a criminal offense check in one key aspect. Civil law aims to offer a remedy to a civil offense/situation/dispute between private individuals/companies by providing financial compensation. On the other hand, criminal law stipulates punitive action to deter people from committing criminal offenses.

Background Checks

Background checks help a firm build a trusted team by mitigating hiring risk. Background checks facilitate fair, objective, and informed hiring decisions. Through diligent background checks, firms can create a safe workplace, guard against liability claims, comply with federal, state, and industry laws, and most critically protect the firm’s hard-earned reputation. Searches of state and national criminal records help widen the inquiry and increase the chances of discovering past convictions, if any.

Protect Your Business With Proper Background Checks

For example, if the job description includes the handling of blank company checks, it may be wise to run a criminal and credit check on anyone you consider hiring for the position. While providing a Human Resources background check we are tasked to determine if the applicant provided true or false information. For jobs that require a certain level of education, we will verify high school or college graduation dates and seek out any certificates or degrees the applicant was awarded. Information obtained through background checks is confidential and will be shared only with individuals with a legitimate business need to know. Candidates may provide responsive information within five business days. Candidates should be informed that any offer of employment or transfer is contingent upon a successful background check.

The reference check also helps verify claims of past accomplishments and professional contributions made in previous companies. 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.

Background Check Policy And Procedure

Assuring that every person you hire has the correct qualifications saves time and effort, while preserving company morale. Even high-level executives have falsified career details that both damage and embarrass their companies. In 2012, Yahoo’s CEO left the company due, in part, to revelations that he embellished his education on his resume.

An employee background check reviews a candidate’s criminal records, driving records, and whether they are on a terror watch list or sex offender registry. It is usually done using a background check service and may include a credit and credential check. The criminal conviction history background check requirement does not generally apply to internal UW candidates who have already satisfied the background check requirement during their current period of University employment.

When you receive this type of information on an applicant, you should complete a risk assessment of the offense as it relates to your open position and document it. You might also want to talk to your attorney about the laws in your state about considering information about sex offenders when making employment decisions. For positions requiring professional licenses, you can also request a professional license and credentials check. This type of check will reveal whether the person has the required licensure and if his or her license is current, valid, and in good standing.

Finding out where a candidate has lived will make it easier to verify other research, and may reveal jurisdictions where criminal background checks should be performed. The Human Resources office is responsible for ensuring that the Disclosure and Authorization Form required by the Fair Credit Reporting Act is completed and forwarded to the Human Resources office. If the candidate/employee refuses to sign the Disclosure and Authorization Form, no further consideration will be given to this candidate/employee. The third party vendor conducting the background check is required to provide all necessary forms to be used in the process. Statewide criminal records check – These checks narrow down your search to a specific state, which can offer more detailed information about any potential felonies or misdemeanors.

All convictions other than minor traffic violations require an exemption. This includes misdemeanors, felonies and convictions that occurred a long time ago. However, the CDSS is prohibited by law from granting exemptions to individuals convicted of serious crimes such as robbery, sexual battery, child abuse, elder or dependent adult abuse, arson or kidnapping. The crimes for which an exemption may not be obtained are outlined in the list of Non-Exemptible Crimes. The CDSS also has the authority and responsibility to investigate arrests to determine if the underlying conduct is substantiated and therefore presents a risk to the health and safety of clients who are in care.

Background Screening Home

One exception is that any FBI checks can take around 30 days, but most jobs won’t require that type of timeframe. Criminal conviction history disclosure – For all positions at the medical centers which are CAAL covered, criminal conviction history self-disclosure occurs at time of application. For all campus positions, UW asks applicants about convictions only after an applicant is determined otherwise qualified for a position. While the business case for conducting a social media check has been established, firms still debate whether the process should be done in-house or should be outsourced. In-house checks done without specialized knowledge could lead to a breach of regulations and legislation. Also, improper interoperation of the information gleaned could lead to an incomplete or incorrect picture of the candidate.

This type of check helps employers to ensure that their applicants have the required driver’s licenses for the positions and are insurable through their commercial insurance companies. When you conduct pre-employment background checks, you can ensure that you hire trustworthy employees, protect your company’s reputation, and mitigate liability risks. In July of 2021, a California court of appeals issued a ruling regarding redacting certain information from public records. An individual’s DOB, driver’s license number, social security number, and other identifying information will now be redacted from the public record. This could severely restrict both background checks and identity verification, but it’s possible that the law could face further legal challenges. Anyone who works in human resources knows laws and regulations surrounding background checks change constantly.

Circumstances may also arise for which background checks of current employees will be necessary in order to determine whether their employment status with the institution should be changed. This process is necessary to ensure that individuals are selected or retained who possess the qualifications to perform the duties of the position most effectively and who are best able to serve the institution. While background monitoring development background checks are traditionally done after an employer selects a final candidate, there is no federal law that prevents employers from running checks before an employment offer is made. There are certain state laws that dictate when you can run background checks during the hiring process, along with which types of checks are allowed. Make sure to check your local laws before if you want to test early background checks.

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