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.
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