What You Should Know About Background Checks for Job Employment
When applying for a job, you might be asked to undergo a background check. While this may seem routine, it’s important to know what employers can and cannot search for during the process, as well as how different laws based on geographic location impact what information they can access. Understanding background checks can help you prepare and avoid potential surprises.
What Is a Background Check?
A background check is a process employers use to verify the information you provided in your application, such as your employment history, education, and, in some cases, to review other personal records like criminal history or credit reports. It’s designed to help companies make informed hiring decisions and ensure candidates are qualified, trustworthy, and a good fit for the role.
What Employers Can Search For
While each company’s background check process may differ depending on the role and industry, here are common areas employers typically investigate:
Verification of Employment History
What they check: Employers will confirm the places you’ve worked, your dates of employment, and your job titles. Some may also request to verify your salary or reason for leaving, though this is not always disclosed.
Why it matters: Accurate work history is crucial, as discrepancies can raise red flags. Make sure your resume aligns with your actual employment records.
Education Verification
What they check: Employers can verify degrees or certificates you’ve claimed to earn. They’ll check with your schools to confirm graduation dates and whether the credentials match those listed on your resume.
Why it matters: Education inflation or misrepresentation can be a disqualifier. Be truthful about your academic achievements and credentials.
Criminal Record Check
What they check: Depending on the job and location, employers may run a criminal background check. This might involve searching national or local databases for past convictions, pending charges, or arrest records.
Why it matters: Some roles, particularly those in finance, healthcare, or roles involving children or vulnerable populations, may have stricter criminal background screening requirements.
Geographic considerations: Laws about criminal record checks vary. For example, some jurisdictions have “ban the box” laws that restrict employers from asking about criminal history until later in the hiring process.
Credit History Check
What they check: In certain industries, especially financial services, employers may look into your credit history to assess how you manage your finances.
Why it matters: A poor credit history isn’t necessarily a dealbreaker, but it could raise concerns for positions involving financial responsibilities. Employers must get your consent before running a credit check.
Geographic considerations: Some states and cities limit the use of credit checks in employment decisions, so whether or not this check is part of your background screening depends on where the employer is based.
Driving Records
What they check: If the job involves driving, employers may review your driving record, including traffic violations, accidents, and any license suspensions.
Why it matters: A clean driving record is essential for roles that require operating a vehicle, such as delivery drivers, truckers, or salespeople who travel.
Social Media and Online Presence
What they check: While not part of a formal background check, some employers may review your public social media profiles and online presence. This isn’t usually a structured or official part of the background check process but could influence their perception of you.
Why it matters: Ensure your public-facing profiles reflect a professional image. Remove or privatize any content that could be considered unprofessional or controversial.
What Employers Cannot Search For
It’s equally important to know the limitations of background checks. Employers are bound by legal restrictions that vary depending on your location. Here are some things they typically can’t access or are limited in how they can use the information:
Medical History and Health Records
Employers are generally not allowed to check your medical history or health conditions unless it's relevant to the job, such as assessing whether you can perform the duties of the role safely.
Under the Americans with Disabilities Act (ADA), they cannot use medical information to discriminate during the hiring process.
Genetic Information
Under the Genetic Information Nondiscrimination Act (GINA), employers are prohibited from requesting or using genetic information in employment decisions. This includes family medical history.
Certain Criminal Records
Many jurisdictions have laws that restrict employers from accessing certain types of criminal records. For example, expunged records, juvenile offenses, or minor misdemeanors may not be included in a background check.
Some states also prohibit the use of arrests that did not lead to convictions as part of the hiring decision.
Salary History (In Some Locations)
Increasingly, states and cities are banning employers from asking about a candidate’s past salary. This is meant to help close pay gaps and prevent wage discrimination. Even though it’s common for employers to verify past employment, they may not be able to verify or ask for your previous salary.
Geographic Considerations
Where you and the company are located can have a big impact on the type of background checks conducted. Here's how geography plays a role:
State and Local Laws: U.S. states and municipalities have varying rules about background checks. For example:
California: Limits the reporting of criminal convictions to the last seven years and restricts the use of credit history in hiring decisions for most positions.
New York: Enforces strict "ban the box" laws and prohibits employers from discriminating based on arrest records or convictions that are unrelated to the job.
Illinois: Prohibits asking about salary history and restricts access to criminal records for most jobs.
International Laws: If applying to a company based outside the U.S., different regulations apply. The EU’s General Data Protection Regulation (GDPR) offers individuals more protection over their personal information, so companies in Europe need to have strong justification to run background checks and must be transparent about what information they’re collecting.
What to Do if a Background Check Raises Concerns
If you're worried that a background check could reveal negative information (such as a gap in employment, a past conviction, or poor credit), you can take proactive steps:
Be Transparent: If you know there’s something in your past that could come up in a background check, address it upfront. Transparency can help you explain the situation and how you've moved forward.
Know Your Rights: Under the Fair Credit Reporting Act (FCRA), employers must get your written consent to conduct a background check. You also have the right to dispute any inaccurate information.
Prepare for Questions: If asked about any red flags, be ready to explain the context and demonstrate how you’ve learned or grown from the experience.
Final Thoughts
Background checks are a standard part of the hiring process, but understanding what employers can and cannot look for helps you stay prepared. Whether they’re verifying your employment history or conducting a criminal record check, knowing your rights and being honest in your application can give you confidence in the process. Keep in mind that background check laws vary by location, so it’s essential to stay informed about what’s permissible in your area or the employer’s region.
