A HELPFUL GUIDE

AND A N

D EXPL NATION  OF

PRE-EMPLOYMENT

SCREENING 

AND

EMPLOYMENT

 

BACKGROUND


CHECKS

TERMS AND

 
 DEFINITIONS 

 

This  basic  guide will  help in  understanding the compliance  terms  and definitions  used  in  employment  background checks.  will explain the purpose,  as well as the meaning and  scope  of each  background search that makes up a typical,  legally compliant pre- employment  background check.Familiarizing yourself with these employment screening resources and terms,  will help you decide which employment screening background check will best  meet your employment screening  requirements.And, it will provide important resources to help you avoid costly  regulatory and legal issues.

Employers know he cost of hiring wrong employee can be incalculable.

Hiring the right candidate isn’t just about what’s on their résumé—it’s also about verifying trust, reliability, and fit.

Pre-employment screening helps employers mitigate risk and ensure that new hires align with company values and legal requirements.Here’s a rundown of key background check
 services and what each entails:

1. CRIMINAL

RECORDS 

BACKGROUND

CHECKS

Purpose: Identifies any past criminal convictions or arrests.

Details: May include local, state, and federal records, including misdemeanors and felonies.

Note: Employers must follow federal and state regulations like the FCRA ( Fair Credit Reporting Act) and ensure no discrimination based on protected characteristics.

In that connection, here is a link to a page in our website that provides more detail  regarding an  employer’s responsibilities.: BACKGTOUND CHECKS: WHAT EMPLOYERS NEED TO KNOW  

2. EMPLOYMENT

HISTORY

VERIFICATION

The Purpose: Confirms the candidate’s previous job titles, durations, and responsibilities.

Details: Typically includes direct contact with past employers to validate tenure and reason for departure.

3.  EDUCATION

VERIFICATION

Purpose: Ensures that academic qualifications listed on a résumé are accurate.

Details: Includes verifying diplomas, degrees, and certifications with educational institutions
.

4.  REFERENCE

CHECKS 

Purpose: Gauges a candidate’s character, work ethic, and interpersonal skills.

Details: Involves contacting professional references (usually past managers or colleagues) for qualitative feedback.

5.  CREDIT HISTORY CHECKS

Purpose: Evaluates financial responsibility, especially for roles involving money management.

Details: Reviews credit reports for bankruptcies, outstanding debts, and payment history. Subject to additional legal restrictions in certain jurisdictions.

 

As an alternative to credit history reports, we offer a check of bankruptcies liens and judgements

6.  DRIVING

RECORD 

REPORTS

Motor

Vehicle Records

(MVR)

Purpose: Validates a clean driving record—especially critical for jobs involving vehicle use.

Details: Shows licenses held, violations,
suspensions, and accident reports.

7. DRUG

SCREENING

Purpose: Ensures a drug-free workplace for safety-sensitive positions.

Details: Typically involves urine, hair, or saliva tests for substances like marijuana, opioids, and amphetamines. Must comply with federal and state laws.

8.  SOCIAL MEDIA

 ONLINE PRESENCE SCREENING

If an employer chooses  to io  investigate  an applicant’s  so ocial  Media and Online PRESENCE  great caution  should  be used to avoid violation o fan applicant’s  privacy.

We would be glad to help shape it..

CAN YOU ELABORATE FUFTHIR  ON CRIMINAL RECORD BACKGROUND CHECKS?

Absolutely! Criminal background checks are one of the most commonly used tools in pre-employm
ent screening—and also one of the most nuanced. Here’s a deeper look at what they typically involve: 

1.  COUNTY
CRIMINAL

RECORDS 

LOCAL SEARCHES

We pull records directly from county courthouses, which often hold the most up
-to-date and detailed information about misdemeanor and felony charges.

2.  STATEWIDE CRIMINAL
RECORDS SEARCHES

This check aggregates data from multiple counties within a state. Not all states provide comprehensive access, so it’s often used in combination with county searches.

   3.  FEDERAL
CRIMINAL
RECORDS HECKS

This search covers cases prosecuted at the federal level, including crimes like tax evasion, fraud, or embezzlement. These are retrieved from U.S. District Courts rather than state-level systems.
This is an important criminal records  to check,   as many as 10 percent of all criminal records are Federal criminal records which will likely not appear in state criminal records databases.

Be certain your  background checks include a Federal criminal records  search. 

 4.  NATIONAL
CRIMINAL
DATABASE 
SEARCHES

A broader (but less detailed) sweep that compiles records from various databases across states, counties, and correctional institutions. It’s good for flagging potential records, which then require verification.

5.  SEX OFFENDER

REGISTRIES CHECK

A Sex Offender Registry Check Ensures the applicant is not listed in any national or state sex offender databases.

This is especially critical for roles involving children or vulnerable populations.

This check aggregates data from multiple counties within a state. Not all states provide comprehensive access, so it’s often used in combination with county searches. databases.

WHAT INFOTATION MIGHT BE INCLUDED?

 

Arrest records (depending on state laws)

Convictions (felony and misdemeanor)

Warrants (active)

Incarceration history

Parole or probation status

Legal Considerations

Ban-the-Box Laws

DELAYED INQUIRY

In some states or cities, employers are prohibited from asking about criminal history until later in the hiring process.

Equal Employment Opportunity Commission (EEOC) Guidance – Emphasizes considering the nature of the offense, how long ago it occurred, and its relevance to the job.

Criminal background checks are incredibly useful, but they must be balanced with fairness, transparency, and legal compliance. Want help putting this into a hiring policy or explaining it to candidates? I’ve got your back.

criminal record background checks federal state and local records checked, instant driving records, employment drug screening , employment and education verifications

You’ve just listed the core pillars of a comprehensive pre-employment screening package—let’s break each one down so you can see how they work together to build a full candidate profile:

These checks typically span federal, state, and local levels:

Federal: Searches U.S. District Courts for crimes like fraud, embezzlement, or drug trafficking.

State: Pulls from state repositories, which may include multiple counties.

County/Local: Often the most detailed and up-to-date, revealing misdemeanors and felonies filed at the local level.

2. .INSTANT DRIVING

RECORDS( MVR REPORTS)

Provides real-time access to a candidate’s driving history.

Includes license status, endorsements, violations, suspensions, and DUIs.

Essential for roles involving transportation or operating company vehicles.

3.  EMPLOYMENT 

DRUG  SCREENING

Tests for substances like marijuana, opioids, amphetamines, and more.

Can be conducted via urine, saliva, or hair samples.

Often required for safety-sensitive roles and must comply with federal and state laws.

4.  EMPLOYMENT VERIFICATION

Confirms job titles, dates of employment, and reasons for leaving.

Helps detect résumé inflation or employment gaps.

Usually involves direct outreach to previous employers or HR departments.

5. EDUCATION

VERIFICATION

Validates degrees, diplomas, and certifications.

Confirms attendance dates and graduation status.

Especially important for roles requiring specific credentials or licenses.

These services, when bundled together, offer a robust and legally compliant way to assess a candidate’s qualifications and risk factors. If you’re building a screening policy or comparing vendors, I can help you weigh turnaround times, accuracy, and compliance features. Want to go there next?2

WHAT ARE THE  LEGAL  REQUIREMENTS 
FOR CONDUCTING
BACK
GROUND 
CHECKS?

Great question—because while background checks are powerful tools, they come with serious legal responsibilities. Here’s a breakdown of the key legal requirements employers must follow when conducting pre-employment screening in the U.S.: 

For example,  there are very strict requirements for specific  language that must be included  a release or authorization form.

1.  FAIR CREDIT
REPORTING ACT

Complying with the 

FCRA

You must take certain steps before you can get a consumer report, and before and after you take an adverse action based on that report.

Before You Get a Consumer Report

You must::

Tell the applicant or employee that you might use information in their consumer report for decisions related to their employment.

This notice must be in writing and in a stand-alone format. The notice cannot be in an employment application.

You can include some minor additional information in the notice, like a brief description of the nature of consumer reports, but only if it does not confuse or detract from the notice.

Get written permission from the applicant or employee. T

his can be part of the document you use to notify the person that you will get a consumer report.

 If you want the authorization to allow you to get consumer reports throughout the person’s employment, make sure you say so clearly and conspicuously.

Certify compliance to the company from which you are getting the applicant or employee’s information. You must certify that you:

notified the applicant or employee and got their permission to get a consumer report;

complied with all of the FCRA requirements; and

will not discriminate against the applicant or employee or otherwise misuse the information, as provided by any applicable federal or state equal opportunity laws or regulations.

It’s a good idea to review applicable laws of your state related to consumer reports. Some states restrict the use of consumer reports – usually credit reports – for employment purposes.

Before You Take an Adverse Action

Before you reject a job application, reassign or terminate an employee, deny a promotion, or take any other adverse employment action based on information in a consumer report, you must give the applicant or employee:

a notice that includes a copy of the consumer report you relied on to make your decision; and

a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, which the company that gave you the report should have given to you.

Giving the person the notice in advance gives the person the opportunity to review the report and tell you if it is correct.

After You Take an Adverse Action

If you take an adverse action based on information in a consumer report, you must give the applicant or employee a notice of that fact – orally, in writing, or electronically.

An adverse action notice tells people about their rights to see information being reported about them and to correct inaccurate information. The notice must include:

the name, address, and phone number of the consumer reporting company that supplied the report;

a statement that the company that supplied the report did not make the decision to take the unfavorable action and can’t give specific reasons for it; and

a notice of the person’s right to dispute the accuracy or completeness of any information the consumer reporting company furnished, and to get an additional free report from the company if the person asks for it within 60 days.

Investigative Reports

Employers who use “investigative reports” – reports based on personal interviews concerning a person’s character, general reputation, personal characteristics, and lifestyle – have additional obligations under the FCRA.

These obligations include giving written notice that you may request or have requested an investigative consumer report, and giving a statement that

the person has a right to request additional disclosures and a summary of the scope and substance of the report. (See 15 U.S.C. section 1681d(a), (b)).

Disposing of ConsumeR Reports

When you’re done using a consumer report, you must securely dispose of the report and any information you gathered from it. That can include burning, pulverizing, or shredding paper documents and disposing of electronic information so that it can’t be read or reconstructed. For more information,

SEE  Disposing of Consumer Report Information?

This Rule Tells How.

For More Information

Find specific FCRA information on:

Getting consumer reports (see Section 604(b) of the FCRA, 15 U.S.C. § 1681b(b));

Taking an adverse action (see Section 604(b), 15 U.S.C. § 1681b(b), and Section 615(a)), 15 U.S.C. § 1681m(a);

Compliance for the trucking industry (see subsections (b)(2)(B), (b)(2)(c)), and (b)(3) of Section 604(b), 15 U.S.C. § 1681b(b));

Using investigative consumer reports (see Section 606 of the FCRA, 15 U.S.C. § 1681d);

Investigating misconduct (see Section 603(y) of the FCRA, 15 U.S.C. § 1681a(x)).

 

(FCRA))

Written Consent: You must get the candidate’s written permission before running the check.

Disclosure: Provide a clear, standalone notice that a background check will be conducted.

Pre-Adverse Action Notice: If you plan to reject a candidate based on the report, you must first give them a copy and a summary of their rights.

Adverse Action Notice: After giving them time to respond, you must send a final notice if you proceed with the rejection.

2. EQUAL
EMPLOYMENT OPPORTUNITY LAWS 
((EEOC)

No Discrimination: You can’t use background information to discriminate based on race, color, national origin, sex, religion, disability, genetic information, or age (40+).

Job Relevance: If a criminal record is found, you must consider the nature of the offense, how long ago it occurred, and how it relates to the job.

3.  BAN THE BOX LAWS

Delayed Inquiry:

Many states and cities prohibit asking about criminal history on job applications. You may only ask after a conditional offer is made.

State-Specific Rules: These laws vary widely, so it’s important to check local regulations.

4.  STATE ANDLOCAL LAWS 

 

Some states restrict the use of credit reports or limit how far back criminal checks can go.

Others require specific disclosures or additional candidate rights

5. DRUG TESTING
REGULATIONS

Must comply with federal laws (especially for DOT-regulated positions) and state-specific rules about notice, consent, and permissible substances.

6.  MEDICAL AND

GENRTIC 

INFORMATION

Under GINA (Genetic Information Nondiscrimination Act), you cannot request or
 use genetic information—including family medical history—in hiring decisions.

For a deep dive into compliance, the EEOC’s official guide is a must-read.

1. FAIR CREDIT  REPORTING ACT ( (FCRA)

Complying with the FCRA

You must take certain steps before you can get a consumer report, and before and after you take an adverse action based on that report.

Before You Get a Consumer Report

You must::
Tell the applicant or employee that you might use information in their consumer report for decisions related to their employment. 

This notice must be in writing and in a stand-alone format. The notice cannot be in an employment application.

You can include some minor additional information in the notice, like a brief description of the nature of consumer reports, but only if it does not confuse or detract from the notice.

Get written permission from the applicant or employee.

This can be part of the document you use to notify the person that you will get a consumer report.

If you want the authorization to allow you to get consumer reports throughout the person’s employment, make sure you say so clearly and conspicuously.Certify compliance to the company from which you are getting the applicant or employee’s information.

You must certify that you:notified the applicant or employee and got their permission to get a consumer report;complied with all of the FCRA requirements; and will not discriminate against the applicant or employee or otherwise misuse the information, as provided by any applicable federal or state equal opportunity laws or regulations.

It’s a good idea to review applicable laws of your state related to consumer reports.
Some states restrict the use of consumer reports – usually credit reports – for employment purposes.

Before You Take an Adverse Action

Before you reject a job application, reassign or terminate an employee, deny a promotion, or take any other adverse employment action based on information in a consumer report,

you must give the applicant or employee:a notice that includes a copy of the consumer report you relied on to make your decision; anda copy of A Summary of Your Rights Under the Fair Credit Reporting Act, which the company that gave you the report should have given to you.Giving the person the notice in advance gives the person the opportunity to review the report and tell you if it is correct.
After You Take an Adverse Action

If you take an adverse action based on information in a consumer report, you must give the applicant or employee a notice of that fact – orally, in writing, or electronically.

An adverse action notice tells people about their rights to see information being reported about them and to correct inaccurate information.

The notice must include:the name, address, and phone number of the consumer reporting company that supplied the report;a statement that the company that supplied the report did not make the decision to take the unfavorable action and can’t give specific reasons for it; anda notice of the person’s right to dispute the accuracy or completeness of any information the consumer reporting company furnished, and to get an additional free report from the company if the person asks for it within 60 days.

Investigative Reports

Employers who use “investigative reports” – reports based on personal interviews concerning a person’s character, general reputation, personal characteristics, and lifestyle – have additional obligations under the FCRA.

These obligations include giving written notice that you may request or have requested an investigative consumer report, and giving a statement that the person has a right to request additional disclosures and a summary of the scope and substance of the report. (See 15 U.S.C. section 1681d(a), (b)).

Disposing of Consumer Reports

When you’re done using a consumer report, you must securely dispose of the report and any information you gathered from it. That can include burning, pulverizing, or shredding paper documents and disposing of electronic information so that it can’t be read or reconstructed. For more information, see Disposing of Consumer Report Information? Rule Tells How.For More Information
Find specific FCRA information on:Getting consumer reports (see Section 604(b) of the FCRA, 15 U.S.C. § 1681b(b));Taking an adverse action (see Section 604(b), 15 U.S.C. § 1681b(b), and Section 615(a)), 15 U.S.C. § 1681m(a);Using investigative consumer reports (see Section 606 of the FCRA, 15 U.S.C. § 1681d);Investigating misconduct (see Section 603(y) of the FCRA, 15 U.S.C. § 1681a(x)).

(FCRA))

Written Consent: You must get the candidate’s written permission before running the check.

Disclosure: Provide a clear, standalone notice that a background check will be conducted.

Pre-Adverse Action Notice: If you plan to reject a candidate based on the report, you must first give them a copy and a summary of their rights.

Adverse Action Notice: After giving them time to respond, you must send a final notice if you proceed with the rejection.

2. EQUAL EMPLOYMENT OPPORTUNITY
 
LAWS  ((EEOC)

No Discrimination: You can’t use background information to discriminate based on race, color, national origin, sex, religion, disability, genetic information, or age (40+).

Job Relevance: If a criminal record is found, you must consider the nature of the offense, how long ago it occurred, and how it relates to the job.

3.  BAN THE BOX LAWS
 

 Delayed  Inquiry:

Many states and cities prohibit asking about criminal history on job applications.
You may only ask after a conditional offer is made.

State-Specific Rules: These laws vary widely, so it’s important to check local regulations.

4.  STATE AND LOCAL LAWS

Some states restrict
 the use of credit reports or limit how far back criminal checks can go.

Others require specific disclosures or additional candidate rights.

5.  DRUG TESTING REGULATIONS

Must comply with federal laws (especially for DOT-regulated positions) and state-specific rules about notice, consent, and permissible substances.

Our website is the most extensive  information resource in in the employment screening industry.

HELPFUL LINKS FOR MORE INFORMATION ON BACKGROUND CHECKS

 

Asking Applicants About
Criminal Records
Criminal  Records Terms and Definitions

Carnegie Mellon University study on hiring people with criminal records

 

Background checks: What Employers And Applicants Need To know

 

FCRA Compliant Employment Screening

 

Background Check Basics

 

Background Check Report Example

Example Of Federal Criminal Record

 

Criminal Records That May Not Be As Bad as They seem

Criminal Records Legal Definitions 

Disputing Information in A Background Check

 

EEOC Guidance on the Use of Arrest Records

 

Employers glide to Establishing A Background Check Policy

 

FEDERAL CRIMINAL RECORDS

 

Guide To Establishing An Employment Screening Policy

 

Helpful Tips for Ordering Background checks

HOW EMPLOYEES AND APPLICANTS DEFEAT DRUG TESTS

 

Human Resources

 

INFORMATION TO EXCLUDE FROM AN EMPLOYEES’S FILE

 

LEGAL TERMS AND DEFINI IN CRIMIBNAL RECORDS EXPLAINED

 

NATIONWIDE CRIMINAL RECORDS CHECKS

 

PRELIMINARY NTICE OF ADVERSE ACTION

 

FINAL NOTICE OF ADVERSE ACTION

 

 

PENALTIES FOR NON-COMPLIANNCE WITH THE FCRA

 

PRE-EMPLOYMENT SCREENING DECISION FORM

 

 

STATE LAWS RELATED TO BACKGROUND CHECKS

 

TIIME LIMITS ON REPORTING CRIMINAL REORDS

 

 

 

This link to our site map will take you to over 700 pages of information concerning background checks.  which you may find useful in understanding the  charges which may appear on a criminal record background check.

Want help tailoring a compliant screening policy for your state or industry? 

Want to adapt this for a specific industry? 

We would be happy to help you build one. 

Let’s make it airtight., 

Please also note that all employment background check, drug screening, driving record and state release authorization  forms are available in PDF format file to our
 Automated
Employment Screening

Clients

We furnish all  State required  releases and authorization forms which are e-mailed to  the applicant 

All of these FCRA compliant release documents may be e-mailed to the applicants and easily completed online.

Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody  forms and  releases to be completed online by the applicant.

We provide several short  videos  to  easily acquaint you with the system.

This makes the background check process fast and easy.

Please  Click  or call for more information.

Call Us now at  800-459-3034  and begin ordering instant driving records and background checks within minutes or:

A price list will be promptly e-mailed to you.

FOR MORE INFORMATION CALL ANYTIME

 800-459-3034

                                                                                     Disclaimer

None of the information contained in this web site should be construed as legal advice. All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.

Rev. 06/2025

 

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