Background Checks Answers

• Why aren't all criminal records available in a nation-wide search?

  The reason why all criminal records are not available in a nationwide search is that not every court system submits their criminal records to the databases that accumulate these types of records and make them available to the public. Because there are no central databases that are available to s ...

• When requesting a background check should I use a known suffix to the subject's name?

  No, a suffix is not required when requesting a background check report. As a matter of fact, some background check services will instruct you not to use a suffix when you conduct the search. Ideally, you would like to have as much information about the subject as possible. At the minimum, you wi ...

• How do I request a background check for someone with multiple last names or a hyphenated last name?

  Generally, when you conduct a background check for a person with multiple last names, you will also have to request a separate search under each of the last names. Hyphenated last names must be searched according to the instructions of the particular background check service provider instruction ...

• If someone has committed a crime against the federal government, will that information show up on a county or state-wide background check?

  Generally, background searches for records of crimes committed against the federal government will not show up in a county or statewide background check. To obtain this information, it will be necessary for you to conduct a search of the U.S. Federal District Court records. People who commit fed ...

• What if I know someone has a criminal record but their background check states "no records found"?

  There can be various reasons that a criminal history background check might return results that state “no records found.” One reason could be that the record has been expunged or sealed. In many states, a person can bring a petition or lawsuit before the court asking that the records ...

• How can I avoid being accused of negligent hiring practices?

  You can avoid being accused of negligent hiring practices by performing “due diligence” on every employee, volunteer or independent contractor that works for your company. Implement a pre-employment background check program regardless of the law or your company size. If possible, the ...

• What is negligent retention?

  Negligent retention is a cause of action that can be taken against employers who fail to take action against employees who’s abusive, belligerent or combative behavior causes harm to a coworker. The basis of most of these types of lawsuits is that the company did not conduct its due dilige ...

• What is negligent hiring?

  Negligent hiring refers to a legal theory that states employers should be held liable for the damages caused by their employers because the employer failed to conduct reasonable employment screening checks into the background and appropriateness of employees for their positions. The basis of the ...

• Can I request a background check and receive the results immediately?

  How quickly you can request a background check, and receive immediate results, depends on the method you use for conducting the consumer background. Since background check information is now gathered and maintained on large commercial databases, it is possible for anyone to gain quick access to ...

• Can I perform a background check on a public figure or official?

  There is no law that prevents you from performing a background check on a public figure or official. However, you are subject to the same federal and state laws that apply to a background check on average citizens. Also, the person you are performing the background check has the same rights as a ...

• Can I perform a background check on someone without a social security number?

  Yes, you can perform a background check without a social security number. But you will need to have some other identifiers, such as the person’s name and birth date. Most public records background check systems start with the name and go on to include other personal information. Generally, ...

• Do non-citizens have U.S. criminal records I can view with a background check?

  Yes, you can obtain the United States criminal records of non-citizens by conducting criminal history background checks. There are basically three methods of conducting background check investigations: you can conduct a physical check of the public records yourself; access online criminal databa ...

• How often are background check records updated?

  The Fair Credit Reporting Act (FCRA) requires credit bureaus to update their files every 30 days. There are no other federal laws that direct other companies, which are defined as consumer reporting agencies, to update background check records at specified intervals. Some states have laws that a ...

• What is the most thorough type of background check between county-wide, state-wide and nation-wide?

  The most thorough background check is not a function of conducting either a countywide, statewide or nationwide search, but of conducting a comprehensive background investigation that validates an individual’s history and declarations on their application for employment. Often, an all-incl ...

• Do I need to obtain a release from a potential employee before running a background check?

  Generally, you are required to obtain written permission from job applicants, contractors, employees or volunteers before you can run background checks. The federal law that pertains to employment screening is the FCRA, otherwise known as the Fair Credit Reporting Act. The Federal Trade Commissi ...

• Are background checks available for minors?

  There is no law that prevents you from learning about a minor that works for your business. In general, you should be able to run background checks on minors; however, the availability of juvenile records is limited. The records of minors are usually sealed and cannot be seen by the general pub ...

• What if someone I am trying to conduct a background check on has changed their name recently?

  If someone has changed their name recently, you can include the alternate name in your background verification request. Sometimes, during the course of a search, the report will be returned with additional names or aliases associated with the person’s addresses or social security number. I ...

• Are nonprofit organizations subjected to the same privacy laws regarding background checks?

  Yes, nonprofit organizations must follow the same federal and state laws when conducting background-checks on employees, volunteers and independent contractors as for-profit companies. The federal standards for background checks are outlined in the Fair Credit Reporting Act (FCRA), which is enfo ...

• If I am terminated from my employment as the result of incorrect information from a background check and that information is corrected, will I be re-instated?

  There is no definitive answer to the question of whether you can get your old job back if you are terminated due to inaccurate information in a background check because a number of factors can come to into play that can affect the outcome of any particular case. The factors include whether you a ...

• Do some states have laws stricter than the FCRA?

  Yes, some states do have laws that are more stringent than FCRA or the Fair Credit Reporting Act. The FCRA are federal laws that are designed to ensure that consumer reports are as accurate and private as possible. In addition, the Fair Credit Reporting Act regulates who has access to the data a ...