Background Check

An investigation into a candidate's history — criminal record, employment, education, and sometimes credit — conducted before hiring.

A background check is an employer's investigation into a candidate's past, conducted after a conditional offer of employment has been made. It typically covers criminal history, employment verification, education verification, and sometimes credit history, professional licenses, and driving records. Employers use third-party consumer reporting agencies (CRAs) governed by the Fair Credit Reporting Act (FCRA).

A background check result does not automatically disqualify a candidate — employers are generally required to conduct an individualized assessment before rescinding an offer based on criminal history, weighing the nature of the offense, how long ago it occurred, and its relevance to the job.

What Background Checks Cover

  • Criminal history — felony and misdemeanor convictions at county, state, and federal levels.
  • Employment verification — confirmation of roles, titles, and dates listed on your resume.
  • Education verification — confirmation of degrees, institutions, and graduation dates.
  • Credit history — common for roles involving financial responsibility; requires separate FCRA authorization.
  • Professional license verification — relevant for roles requiring credentials (nurses, attorneys, engineers).
  • Driving record (MVR) — for roles involving operating vehicles.

Your Rights Under the FCRA

  • Employers must get your written authorization before running a background check.
  • If an employer plans to take adverse action based on the report, they must give you a pre-adverse action notice and a copy of the report.
  • You have the right to dispute inaccurate information with the CRA.
  • After a final adverse action, you must receive another notice with the CRA's contact information and your dispute rights.
  • Criminal convictions older than 7 years may not appear in some states.

Ban-the-Box Laws

Over 35 states and 150+ cities have enacted 'ban-the-box' laws that prohibit employers from asking about criminal history on job applications. Some laws restrict when background checks can be run (only after a conditional offer) and require individualized assessments before rejecting candidates based on criminal history. The rules vary significantly by jurisdiction.

Example

After a verbal offer, a fintech company runs a background check that reveals a 10-year-old misdemeanor unrelated to the role. HR conducts an individualized assessment, determines the offense doesn't affect suitability, and proceeds with the hire.