Are Background Checks Anonymous?

Background checks can extract valuable details about someone from the public record. A background check could have troubling information that might change someone’s behavior or decisions related to the subject. There are many occasions when you may wish to use a background check this way. Are background checks anonymous when you order them?

For example, perhaps a new neighbor just moved in next door. Are they a registered sex offender? Do they have a criminal history? Maybe you’ve begun dating someone you met using an online dating app. A background check could reveal whether your date has any red flags in the past.

However, you wouldn’t want them to know you investigated them. While anonymous background checks exist, it’s necessary to differentiate them from how people use screening services. The answer ultimately depends on the type of check and the situation.

The Difference Between a Personal and a Formal Background Check

The scenarios discussed above aren’t uncommon. Many would like to order a background check on someone they plan to date. There are other situations where it may make sense, too. There are services you can use to search public records for private and personal purposes. To do so, most people turn to an online tool for simplicity. At backgroundchecks.com, our partnership service with PeopleFinders lets you search for and access criminal records and other public information. You can do so by looking up information about friends, neighbors, colleagues, or yourself.

You might also search Google or social media to see what else you can learn about someone. Some consider this type of internet sleuthing part of an informal background check. In either case, your subject(s) will not know that you’ve ordered these checks. When consulting public records strictly for private, informational purposes, the subject won’t receive notification about your order.

That means that private background checks are anonymous. You do not need to obtain the consent of the person whose information you want to research. Therefore, you can confidently screen a dating partner, knowing that they won’t find out about your efforts unless you disclose that fact.

However, strict rules are involved if you use criminal background checks for virtually any other purpose. That’s true whether you’re hiring a nanny to work in your home or you’re an employer screening a prospective employee. These are more formal background checks, and they come with extra rules. They aren’t anonymous, either.

The Rules for Different Background Check Services

When you use a record check service such as PeopleFinders, you are not consulting a Consumer Reporting Agency (CRA). That distinction means you cannot use their services for every kind of background check you may need to conduct. Screening people such as job, loan, or housing applicants mandates the use of an official CRA. You cannot use an anonymous background check during the hiring process.

These applicants have a legal right to understand what occurs during the consideration process, including your usage of background checks. Let’s focus specifically on our core service area at backgroundchecks.com: pre-employment background checks.

You must follow the Fair Credit Reporting Act (FCRA) rules in hiring situations. One of the most significant provisions of the FCRA is the requirement to notify the subjects of background checks in writing. This notification informs the individual that you intend to use a consumer report for your consideration and requests that the applicant provide written consent. Without this permission, you cannot order a background check on the individual. Applicants must receive the notification and disclosure form separate from other application materials. The law is strict in this area, and enforcement frequently results in costly lawsuits for employers.

Running a background check for hiring or other similar purposes, by nature, cannot be anonymous. Job candidates and applicants must authorize you to order them first.

Are Background Checks Public Record? 

Many background checks consult the public record, but they are not a part of the record themselves. There is no official registry or database that chronicles every background check order. There is no resource you can consult to discover if someone has run a private background check on you or anyone else.

Follow the Law When Using Background Checks

Before you order a background check, ask yourself what your purpose is. Are you a private individual trying to learn more about someone in your life? Or are you considering that person for a job? Even when hiring a babysitter or nanny, one should understand that the law may consider you an employer.

That could make you subject to the provisions of the Fair Credit Reporting Act, which mandates disclosure and consent. For individuals, it’s vital to know when your purpose allows using non-CRA reports and when you must follow FCRA guidelines. For businesses, FCRA guidelines are always a serious matter of compliance.

As we’ve seen, background checks can be anonymous, but only in less formal situations. Looking up a neighbor, a potential dating partner or a friend does not require notification or consent. Such checks provide a private means of exploring what the public record reveals about someone. In all other cases, the search subject will learn about the process when you tell them.

At backgroundchecks.com, we provide easy access to a wide range of formal screening packages and less formal vetting options through our PeopleFinders partnership. Not sure whether the rules of the FCRA apply to you? Our customer service team can help you unpack the answer and choose the right solution for your needs. Learn more today.