Background checks are an essential part of modern-day hiring practices in the United States. They are used to verify the accuracy of job candidates’ resumes and provide employers with an understanding of a candidate’s criminal history, driving record, credit history, and other relevant information. While background checks are not legally required for all types of jobs, many employers, especially those in high-security industries, make them mandatory for all applicants.
Note that an employment drug test is not technically a background check, but many employers include a drug test in the process.
1. How do background checks work?
Background checks typically involve a review of an individual’s criminal history, employment history, education, and other relevant information. The process can involve a variety of methods, including a review of public records, interviews with references and former employers, and verification of education credentials. The exact process can vary depending on the employer and the position being applied for.
2. What do employers look for in a background check?
Employers run background checks for a variety of reasons, including safety and security, protecting company assets, legal compliance and verification of information. Employers may be required by law to conduct background checks in certain situations, such as for individuals working with vulnerable populations or in regulated industries. Compliance with these requirements can help employers avoid legal liability. Background checks can also help employers verify the accuracy of information provided by job candidates, such as their employment history, educational background, or professional licenses.
Employers may look for a variety of information in a background check. Some common searches include criminal history, employment history, credit history, education, and professional licenses or certifications. Employers may also be interested in an applicant’s social media presence, as well as their driving record and drug test results.
3. How do you fail a background check?
There is no set criteria for failing a background check, as the decision to hire an applicant ultimately rests with the employer. However, some common factors that may result in a failed background check include a criminal history that is deemed unacceptable for the position being applied for, providing false information on a job application, or a failed drug test.
4. How long does a background check take?
The length of time it takes to complete a background check can be different from one case to the other. Some background checks can be completed within a few minutes or a few days, while others may take several weeks or even months to complete.
5. How far back do background screenings look?
The length of time that a background check can look back can vary depending on the type of information being reviewed. For example, some criminal background checks may go back as far as seven years (the limit imposed by the FCRA), while others may not go back so far. Similarly, some employment background checks may only review the last few years of an individual’s work history, while others may look back further.
6. What shows up on a background check?
Some common items that may show up on a background check include criminal history, employment history, education, credit history, and professional licenses or certifications.
Here are some of the types of information that may be included in a background check:
- Criminal history: This can include any criminal convictions, charges, or arrests, as well as information about any outstanding warrants or probationary status.
- Employment history: This can include information about a candidate’s previous employers, job titles, dates of employment, and reasons for leaving previous jobs.
- Education: This can include information about a candidate’s educational background, including degrees earned, schools attended, and dates of attendance.
- Credit history: This can include information about a candidate’s credit history, including credit scores, outstanding debts, bankruptcies, and other financial information.
- Professional licenses or certifications: This can include information about any professional licenses or certifications that a candidate holds, as well as any disciplinary actions taken against them.
- Driving record: This can include information about a candidate’s driving history, including any traffic violations, accidents, or suspensions.
- Social media presence: This can include a review of an individual’s social media profiles to gain insight into their personality, interests, and behavior.
There can be variations when it comes to what is included in a background check. For example, a background check for a position in law enforcement may place more emphasis on an applicant’s criminal history and driving record, while a background check for a position in finance may focus more on the candidate’s credit history and professional licenses.
7. What are some red flags on a background check?
Some red flags that an employer may notice on a background check include a criminal history that is deemed unacceptable for the position being applied for, providing false information on a job application, a poor credit history, or a failed drug test.
A red flag is generally any piece of information that could potentially disqualify a candidate from consideration for a job. Here are some examples of red flags that may surface during a background check:
- Criminal history: A criminal conviction or history of arrests can be a major red flag for many employers, especially if the offense is related to the job being applied for. For example, a conviction for embezzlement may be a red flag for a job in finance.
- Dishonesty: Dishonesty on a resume or during the job application process can be a red flag for employers. This may include lying about employment history, educational background, or qualifications.
- Poor credit history: For jobs that require handling finances or dealing with sensitive information, a poor credit history can be a red flag. Employers may view a poor credit history as an indication of financial instability or lack of responsibility.
- Drug use: Depending on the nature of the job, a history of drug use or a positive drug test can be a red flag for employers. This may be particularly true for jobs that require operating heavy machinery, driving, or working with children.
- Negative online presence: Employers may review a candidate’s social media profiles as part of a background check. A negative online presence, including offensive posts or comments, can be a red flag for employers.
- Inconsistent employment history: Gaps in employment or a history of frequent job changes may be a red flag for employers, as they may be viewed as a lack of commitment or reliability.
- Disqualifying certifications or licenses: Certain jobs require specific licenses or certifications, and a candidate who lacks the required certifications or has had them revoked or suspended can be a red flag for employers.
It’s important to keep in mind that not all red flags will result in a job offer being withdrawn. Employers will typically evaluate each candidate on a case-by-case basis and take into account the specific circumstances surrounding any red flags that may be revealed during a background check.
8. What is a Level 3 background check?
A Level 3 background check is a term that is sometimes used to describe a basic type of background check that typically includes three main components:
- Criminal history check: This involves checking a candidate’s criminal record to identify any past convictions, charges, or arrests.
- Employment verification: This involves verifying a candidate’s employment history, which typically includes contacting previous employers to confirm the candidate’s job titles, dates of employment, and reasons for leaving previous jobs.
- Education verification: This involves verifying a candidate’s educational background, which typically includes contacting schools or universities to confirm the candidate’s degrees earned, dates of attendance, and areas of study.
While a Level 3 background check may be sufficient for some employers or for certain types of jobs, it is important to note that it is a relatively basic type of background check and may not uncover all potential red flags or issues with a candidate’s background. For example, it may not include a credit check, a review of driving records, or a check of professional licenses or certifications.
Employers may choose to conduct more extensive background checks based on the nature of the position being applied for or other factors.
9. Can a job offer be withdrawn after a background check?
Yes, a job offer can be withdrawn after a background check if the results of the background check reveal information that is deemed unacceptable for the position being applied for. However, employers must follow certain legal requirements when withdrawing a job offer, such as providing the applicant with written notice and the opportunity to respond to the information revealed in the background check.
Withdrawing a job offer after a background check can be a delicate situation, and it’s important for employers to understand the legal requirements involved. Here are some key considerations:
- Federal and state laws: Employers must comply with federal and state laws regarding discrimination and equal employment opportunity. This means that any decision to withdraw a job offer after a background check must not be based on protected characteristics such as race, gender, age, religion, or disability.
- Disclosure requirements: If an employer decides to withdraw a job offer based on information uncovered during a background check, they may be required to provide the candidate with a copy of the report and an explanation of the reasons for the decision. This is required under the Fair Credit Reporting Act (FCRA) for employers that use consumer reporting agencies to conduct background checks.
- Adverse action process: If an employer decides to take adverse action (such as withdrawing a job offer) based on information in a background check, they must follow a specific process outlined by the FCRA. This process includes providing the candidate with a pre-adverse action notice that includes a copy of the report and an explanation of their rights, allowing the candidate time to dispute any inaccuracies in the report, and providing a final adverse action notice if the decision is made to withdraw the job offer.
- Consistency: Employers should apply consistent standards when evaluating candidates and making decisions based on background check results. If one candidate is disqualified based on a certain red flag, all candidates with similar red flags should be treated similarly.
- Documentation: Employers should maintain thorough records of the background check process, including documentation of any red flags, the decision-making process, and any communication with the candidate. This documentation can be helpful in the event of a legal challenge.
It’s important for employers to work with an experienced background check provider to ensure that they are following all relevant laws and regulations when making decisions based on background screening results.
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