A background check is a review of a candidate's records, such as criminal history, employment, education or driving record, done before or after a job offer. In the US, checks run through a background screening company fall under the Fair Credit Reporting Act (FCRA), which sets notice, consent and adverse action steps.
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A check of a candidate's records, such as criminal history, employment, education or driving record, done before or after an offer. In the US it falls under the FCRA.
Under the FCRA, an employer using a screening company must first tell the candidate in writing, in a standalone document, that a report may be used for employment decisions, and get written permission. If the employer plans to reject the candidate based on the report, it must first send a pre adverse action notice with a copy of the report and a summary of the person's FCRA rights, giving them a chance to respond. After a final decision, an adverse action notice follows.
State and city laws add more rules. Many places have ban the box or fair chance laws that limit when you can ask about criminal history, often not until after a conditional offer. Some limit how far back a check can look or what records you can consider. The EEOC also expects employers to consider whether a record is relevant to the job. Rules vary by place and change, and this is not legal advice.
Why it matters to recruiters
Background checks protect workplaces, clients and the public, and many roles require them. Done wrong, they cause legal claims, delays and lost candidates. Recruiters often manage the process, so knowing the FCRA steps and local timing rules helps you keep offers on track and treat candidates fairly. Agencies also need to know what each client requires before a start date.
An example from a recruiting desk
A staffing agency places a warehouse associate. After a conditional offer, the recruiter sends the standalone disclosure and consent form. The report shows a conviction from eight years ago. Before deciding, the client sends a pre adverse action notice with a copy of the report and the rights summary. In this example the candidate explains the record, the client reviews it against the role, and the hire proceeds.
Tips that help
Use a standalone disclosure form, not a clause buried in the application.
Check local fair chance rules on when you can run a criminal check.
Build time for the pre adverse action step into your start date planning.
Apply the same check to everyone in the same role.
Mistakes to avoid
Rejecting a candidate on a report without sending the pre adverse action notice first.
Asking about criminal history on the application where local law forbids it.
Which tools help?
A few of the background check tools in our directory. Prices are the published starting price on the date we last checked.
Simple checks can come back within a few days, while checks involving many counties, international records or education verification can take longer. Delays often come from courts or schools that respond slowly. Start the check as soon as the offer allows and keep the candidate updated on progress.
Can a candidate see their background check report?
Yes. Under the FCRA, if an employer may take adverse action based on a report, it must give the candidate a copy along with a summary of their rights. Candidates can also request their file from the screening company and dispute errors. This is not legal advice.
When can employers run a background check?
It depends on the law where the job is. Many states and cities with fair chance laws require employers to wait until after a conditional offer before checking criminal history. Other checks, such as employment verification, may happen earlier. Check local rules before setting your process.
