Background check
A background check is a pre-employment screening, typically run after a conditional job offer, that verifies criminal history, employment history, education, or professional licenses.
You or a consumer reporting agency runs the check before the hire is final. Some roles add a motor vehicle record or credit report, and regulated industries often require program-specific screening. Federal and state law govern what can be checked, how consent is obtained, and how an adverse decision is handled. If you use a consumer reporting agency, the Fair Credit Reporting Act (FCRA) sets disclosure, authorization, and adverse-action requirements. Some states and cities restrict when criminal history questions or checks may occur (ban the box rules).
What does the law require before an adverse decision?
Before an adverse action based on a check from a consumer reporting agency, the FCRA generally requires these steps in order. Several states and cities also require an individualized assessment before you rely on criminal history. Weigh the nature of the offense, how long ago it occurred, and its relevance to the job. A blanket disqualification rule does not replace that assessment. Ban the box rules limit when you may ask about criminal history: for federal contract work, you generally may not request it before a conditional offer.
- 01
Provide a pre-adverse action notice to the applicant, with a copy of the report and a summary of consumer rights.
- 02
Allow a reasonable period for the applicant to dispute inaccurate information before finalizing the decision.
- 03
Provide a final adverse action notice only after that window closes, if you proceed with the negative decision.
- 15 U.S.C. §1681b, Permissible purposes of consumer reports
- Background Checks: What Employers Need to Know
General information, not legal or tax advice. Apply current federal and state rules with qualified guidance.