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Background Check & Pre-employment Screening Articles

Background Check FAQ

I know the candidate has a criminal record, so why didn't it show up on my report?
Certain states restrict what can be reported on a consumer report (a background check is a consumer report). In California for example, Consumer reports may not contain records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that from the date of disposition, release, or parole, antedate the report by more than 7 years. Cal. Civ. Code § 1786.18.

Are arrest records included in a background check report?
If the arrest resulted in a conviction, then it is reported as part of the court record. Consumer reporting agencies are restricted from reporting arrests that do not result in a conviction in many states. In these states and others, employers in most cases cannot consider arrest records it determining eligibility for employment. Employers should be fully aware of how background check and other consumer information can be used for employment purposes.

Can I order a background check on a current employee?
Yes. The FCRA allows for background checks on employees as well as applicants. Many employers update their employees background checks on a periodic basis. This requires less research because certain portions of the original background check do not need to be performed a second time, such as employment verification or education verification. And in most cases, the employer only needs to include a criminal record search that covers the period of time since it was checked.

Is a Credit Report for employment different from other Credit Reports?
Yes. A Credit Report prepared for employment purposes does not contain a credit score or date of birth and is not entered in the credit file as an inquiry. Having multiple inquiries can lead to a reduced credit score. All the other information such as payment history, debt and public records such as bankruptcy information is included in an employment credit report.

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