Employment Screening

• 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...

• Can I access my own criminal and employment records that would show up on a background check?

  Yes, you are permitted to obtain the same information from a background check that an employer or anyone else would be able to obtain. Criminal records can be obtained through various governmental ag...

• Can employers take my financial records from a background check into consideration when evaluating my employment application?

  For the most part, the answer is yes. Financial records such as a credit history report have become standard in employment background checks. However, an employer cannot make an adverse hiring decis...

• Do traffic offenses in a driving record typically affect employment opportunities?

  Typically, traffic offenses in a driving record affect employment opportunities for jobs that require a safe driving record, which usually includes jobs where operating a motor vehicle is part of the ...

• How can driving records help me when I’m screening employees?

  How to Use Driving Records Driving records can help you in the employee screening process by helping to reduce your risk. Driving records will tell you which job applicants have a responsible drivin...

• 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 privat...

• 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 scr...

• What does the Fair Credit Reporting Act affect concerning a background check?

  The Fair Credit Reporting Act (FCRA) outlines national laws consumer reporting agencies must follow when providing background check information to employers. The FCRA also defines the standards emplo...

• What should I do if I feel an employer may have used background check information illegally when determining my candidacy?

  An employer must get your written permission in order to conduct a background check. If your permission is not obtained in writing, any information uncovered by the investigation is deemed to have be...

• What is a background check?

  ..., grades and disciplinary action. Medical background checks contain health and treatment history. Employment background checks contain job titles, dates of employment, and possibly job performance e...

• 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 c...

• 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 sta...

• Who can order a background check?

  Your background, particularly your criminal history background, if you have one, is not private information. It is a matter of public record, so the short answer is that anyone can order a background...

• What information do I need about an individual to conduct a background check on them?

  The information you need about an individual in order to conduct a background check on them depends on the type of background check you are conducting. Generally speaking, the more information you ha...

• 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 re...

• Will a bankruptcy show up on a background check?

  Yes, a bankruptcy will show up on a background check. Bankruptcies appear on a consumer’s credit report for a maximum of 10 years. However, federal law prohibits employers from making an adver...

• Does my employer get notified if I get into an accident?

  When Your Employer Gets Notified No, your employer does not get notified when you get into an accident unless you were driving a company vehicle. Your employer can, however, learn of your accident ...

• 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 backgrou...

• Can an employer run a background check on a current long-term employee?

  Yes, an employer can run a background check on a current long-term employee. If the employer hires an outside company to conduct the investigation, the employer must follow the Fair Credit Reporting ...

• Will an employer conduct a background check if I am an independent contractor?

  Whether or not an employer will conduct a background check on an independent contractor depends on the company’s internal policy. Increasingly, more and more employers are obtaining background ...