9 Background Check Frequently Asked Questions

A background check is a procedure for confirming facts about a person or business. Often, it entails compiling data from numerous sources, including criminal histories, credit histories, and employment histories. Employers, landlords, and other organizations frequently utilize background checks to judge a person's fitness for jobs, rentals, or volunteer work, among other things.

What Questions Are Asked in a Background Check?

The questions asked in a background check can vary depending on the purpose of the check and the information being sought. However, some common questions that may be asked in a background check include:

• Personal information: This includes your name, address, date of birth, and Social Security number.

• Employment history: This includes your work experience, job titles, and dates of employment.

• Education history: This includes your academic background, such as degrees earned and schools attended.

• Criminal history: This includes any criminal convictions or arrests that may be on your record.

• Credit history: This includes information about your credit score, credit history, and any outstanding debts.

• Driving history: This includes information about your driving records, such as traffic violations and accidents.

• References: This includes contact information for people who can vouch for your character and work ethic.

• Social media: Some background checks may also include a review of your social media activity to gather information about your personal life and behavior.

What Laws regulate employment background checks?

Employment background checks in the United States are regulated by a combination of federal and state laws, including:
Fair Credit Reporting Act (FCRA): This federal law regulates the collection, dissemination, and use of consumer information, including background checks conducted by third-party consumer reporting agencies.

Title VII of the Civil Rights Act of 1964: This federal law prohibits employment discrimination based on race, color, religion, sex, or national origin. Employers must ensure that their use of background checks does not result in discrimination against protected groups.

Americans with Disabilities Act (ADA): This federal law prohibits discrimination against individuals with disabilities in employment. Employers must ensure that their use of background checks does not result in discrimination against individuals with disabilities.
Age Discrimination in Employment Act (ADEA): This federal law prohibits discrimination against individuals over the age of 40 in employment. Employers must ensure that their use of background checks does not result in discrimination against older workers.

State and local laws: Many states and localities have their own laws regulating background checks, including restrictions on the type of information that can be obtained and used, as well as limitations on the timing and frequency of background checks.

How long does an employment background check take?

The length of time it takes to complete an employment background check can vary depending on a number of factors, such as the type and depth of the check, the responsiveness of the sources providing the information, and the workload of the background check provider.

Generally, a basic background check that only includes a criminal history check and employment verification may only take a few business days to complete. However, more comprehensive checks that include education verification, reference checks, and other types of screening may take several weeks to complete.

In addition, some industries, such as healthcare or finance, may require more extensive background checks that can take longer to complete due to regulatory requirements.

It is important for employers to communicate with their background check provider to determine the expected timeline for the specific type of background check they are requesting, and to set appropriate expectations with the candidate regarding the hiring timeline.

why do some employment background checks take longer than others?

The length of time it takes to complete an employment background check can vary depending on a number of factors, including:
The depth and complexity of the background check: 

A more comprehensive background check that includes multiple types of screenings, such as criminal history, employment verification, education verification, and reference checks, can take longer to complete than a more basic check that only includes one or two types of screenings.

The accuracy and completeness of the information provided: The speed of the background check process can be influenced by the accuracy and completeness of the information provided by the candidate or the sources of the information. For example, if the candidate provides incomplete or incorrect information, or if the sources of the information are slow to respond, this can delay the completion of the background check.

The workload of the background check provider: The speed of the background check process can also be influenced by the workload of the background check provider. If the provider is experiencing a high volume of requests, this can slow down the processing time.

The regulatory requirements of the industry or position: Some industries or positions may require more extensive background checks due to regulatory requirements, such as healthcare or finance. These types of background checks may take longer to complete due to the additional screenings required.

How long can employers retain background check reports?

The length of time that employers can retain background check reports can vary depending on the type of information contained in the report and the applicable laws in the jurisdiction where the employer is located.

In the United States, for example, the Fair Credit Reporting Act (FCRA) requires employers to follow specific rules regarding the retention and disposal of background check reports obtained from consumer reporting agencies. 

Under the FCRA, employers must retain copies of background check reports for a minimum of five years after the date of the report or the employee's termination date, whichever is later. Employers must also dispose of the reports securely by shredding, burning, or erasing them so that the information cannot be read or reconstructed.

However, some states have their own laws that require longer retention periods or additional requirements for disposing of background check reports. For example, California law requires employers to maintain background check reports for at least three years, and they must be kept in a confidential file separate from the employee's personnel file.

Employers should be aware of the relevant laws in their jurisdiction and ensure that they comply with any applicable requirements for retaining and disposing of background check reports.

How long are background checks valid?

The validity period of a background check depends on the purpose for which it was conducted and the policies of the entity requesting the check. For example, a background check conducted for employment purposes may be valid for a different length of time than a background check conducted for rental housing purposes.

In general, there is no fixed expiration date for a background check. However, many employers and other entities have their own policies regarding the validity of background checks. For example, some employers may require employees to undergo background checks every few years, while others may only conduct them once during the hiring process.

It's worth noting that some background checks may become outdated more quickly than others. For example, a criminal record check may become outdated if the person being checked has been convicted of a new crime since the check was conducted. Similarly, a credit check may become outdated if the person's financial situation has changed significantly since the check was conducted.

Ultimately, the decision about how long a background check is valid will depend on the entity conducting the check and its own policies and procedures. It's always a good idea to check with the entity to confirm their requirements and ensure that your background check is up to date.

What can cause a failed background check?

A background check can fail for various reasons, depending on the type of check being conducted and the criteria being used by the entity requesting the check. Here are some common reasons why a background check might fail:

Criminal history: A background check may uncover a criminal record, including felony or misdemeanor convictions, that could disqualify the individual from the job or position being sought.

Inaccurate information: If the information provided by the individual being checked is inaccurate or incomplete, this could cause the background check to fail.

Employment history discrepancies: If there are discrepancies between the individual's stated employment history and the information uncovered in the background check, this could cause the check to fail.

Education or credential discrepancies: If the individual's educational or professional credentials do not match the information provided on their application or resume, this could cause the background check to fail.

Failed drug test: If the individual fails a drug test, this could disqualify them from the job or position being sought.
Credit history: For certain positions, poor credit history or a history of financial problems could disqualify the individual from consideration.

How far back do background checks go?

The length of time that a background check can go back will depend on several factors, including the type of background check being conducted, the industry or job position, and the applicable laws in the jurisdiction where the background check is being conducted.

Here are some examples of how far back different types of background checks can go:

Criminal history checks: Generally, criminal history checks can go back as far as the criminal records exist. However, some states have laws that limit how far back an employer can consider a criminal record for employment purposes. In general, most background check companies will only report convictions that occurred within the past seven to ten years.

Employment verification checks: Employment verification checks typically verify employment history for the past seven years but may go back further in some cases, particularly for jobs that require a more extensive work history.

Education verification checks: Education verification checks typically verify education history for the past seven years, but may go back further in some cases, particularly for degrees earned more than ten years ago.

Credit history checks: Credit history checks may report credit history for up to seven years, with certain exceptions for bankruptcies and other financial issues.

It's important to note that there may be some industry-specific regulations that require background checks to go back further than the typical seven to ten years. 

Additionally, some employers may choose to conduct more extensive background checks, particularly for positions of trust or security-sensitive positions. Ultimately, the length of time that a background check can go back will depend on the specific requirements and policies of the entity conducting the check.

How can I prepare for an employment background check?

Preparing for an employment background check can help ensure a smooth and successful process. Here are some tips to help you prepare for an employment background check:

Be honest and accurate in your application: The information you provide in your job application should be accurate and honest. Any discrepancies or inaccuracies could raise red flags during the background check process.

Gather important documents and information: Make sure you have all the documents and information you need for the background check, including your social security number, driver's license, and employment history.

Review your credit report: If the background check will include a credit history check, it's a good idea to review your credit report in advance to ensure it is accurate and up-to-date.

Be prepared to explain any negative information: If there is negative information in your background, such as a criminal record or poor credit history, be prepared to explain the circumstances and provide context.

Inform your references: If the background check will include a reference check, it's a good idea to inform your references in advance so that they are prepared to respond to any questions.

Be patient and responsive: The background check process can take time, so it's important to be patient and responsive if the background check company or employer requests additional information or documentation.

Stay organized: Keep track of all the documents and information you provide for the background check to ensure a smooth and efficient process.

By following these tips, you can help ensure that your employment background check goes smoothly and that you are well-prepared to answer any questions that may arise during the process.