Background Screening 101: Everything Employers Need to Know

Background Screening 101: A Basic Guide to Understanding Pre-Employment Vetting

What is background screening? Do you feel the need for a crash course to create safer, innovative hiring procedures? Knowing what to expect from the process—and how to build a robust framework—is necessary. Which means you’ll value background check 101. With our overview of everything from the basics to the different elements that go into a background check, we’ll help you comprehend what these efforts involve and require.

Read on for answers to many of the most frequently asked questions about vetting employees with help from background screening companies.

What is background screening?

Do you need a crash course in creating safer, innovative hiring procedures? Knowing what to expect from the process and how to develop a robust framework is necessary, which means you’ll value background screening 101. With our overview of everything from the fundamentals to the various elements that go into conducting a background check, we’ll help you understand what these efforts involve and require. Continue reading for answers to many of the most frequently asked questions about vetting employees with help from a background check service.

How do background checks work?

When employers need to perform a background check, the first thing that comes to mind is a criminal history check that investigates an individual’s past to discover crimes. In truth, most background checks entail much more than that. Searching for relevant criminal records is only one part of a much bigger picture.

Let’s begin with a simple definition: employment background screening comprises the tools employers use to vet their candidates as thoroughly as possible. This process involves reviewing criminal records, but it can also include verifying education and employment history, checking for civil records, verifying professional references, and much more.

What do background checks show?

Running a decent background check offers information that helps employers develop a clear view of applicants, their suitability, and qualifications. Pre-employment background checks can take several days to process, so planning what you will investigate is critical. Otherwise, your applicants may experience troublesome hiring delays that frustrate all involved.

Some states legally define specific record checks, such as Florida’s level 2 background check. Positions of trust legally require a more in-depth examination in that state. This search explores all state repositories and includes a fingerprint-based national background check. Most states do not define checks in this manner.

Why is it essential to make each element of the hiring process worth the time and effort? In the case of a criminal history check, understanding an applicant’s background may be vital to keeping your company, employees, and customers safe. A past with a history of violence or theft from previous employers should be a warning to re-evaluate suitability.

Going beyond criminal records, conducting employment confirmations and verifying qualifications helps confirm that applicants have the appropriate skills and training. After all, hiring those with the experience necessary to perform the job is non-negotiable. Some background checks can even verify whether applicants are truthful about their identity – and whether they have international arrest warrants.

These combined efforts go by many names: background screening, background checks or pre-employment screenings. Regardless, these tools are always available to protect your company from inappropriate hire risks. Threats include negative press, negligent hiring lawsuits, and reputational liabilities. Many employers believe detailed background checks are worth the cost to make informed hiring decisions. The value of a background check is apparent—compared to the potential damages from a successful lawsuit.

An essential element here is the importance of identity information for background checks. Names are the primary method to identify criminal records. This element can be challenging for a business because many people share names. How do you know that you’re reviewing the appropriate records?

Knowing other details about an applicant, such as their birthdate, is vital to ensure that records belong to your applicant. Criminal records don’t contain Social Security numbers, so birthdays, addresses, and other personal information are necessary to confirm a match. The additional data can also help background check providers access records associated with a candidate’s aliases or prior names, including maiden names.

What is negligent hiring?

You’ll often hear that conducting background checks and thorough due diligence are essential to avoid accusations of negligence. Yet, what does negligent hiring mean? It is another central element of background screening 101. The easiest way to answer that question is by a quick example:

Imagine an applicant with one or several convictions for aggravated assault on public record. A short-staffed employer cuts corners and does not order a background check on them; instead, they make an immediate hire. Six months into the job, the individual snaps during a disagreement with a coworker and seriously injures their coworker. Learning that there was no background check and a history of violence at play, the injured coworker sues the business and wins a judgment worth millions of dollars.

Though this is an extreme example, it illustrates the fundamental issue. If you don’t take steps that could reasonably uncover adverse information about a candidate, you would be liable for the harm they cause that you should have foreseen. Due diligence and thorough vetting are vital to establish that you did everything possible to hire safe, reliable employees.

Do arrests show on background checks?

This question is one of the most prevalent regarding criminal background checks. The answer depends on the state. Some state laws prohibit employers from asking about or using arrest records for employment-related decisions. Arrests are not proof of guilt—only unreliable indicators of a potential problem. Using them in hiring considerations is often an unfair barrier to employment because arrests don’t tell the truth about the situation.

In some cases, non-conviction arrests can appear on a background check. It usually happens when the arrest record is seven years or older, as the FCRA (Fair Credit Reporting Act) still allows such reporting. However, many consumer reporting agencies choose not to report non-conviction records due to their potential for misuse and confusion.

At backgroundchecks.com, we always exclude arrest history information from our background check reports to keep our clients compliant with the Equal Employment Opportunity Commission. To learn whether your state legally allows the use of arrest records for hiring, read our white paper on the matter.

Do dismissed cases show on background checks?

Not all criminal proceedings end in a conviction or an acquittal. Here’s another important lesson in background screening 101: sometimes, you may see that a criminal charge on an individual’s background check has a dismissed status. A case may be dismissed before going to a formal trial or during the trial.

A judge may issue a dismissal for many reasons, such as finding insufficient evidence to support the charges. A prosecutor may also dismiss the case if they uncover an error or do not believe they can take the case to a guilty verdict.

Similar to arrests, dismissed cases are not proof of guilt. However, a dismissed case may appear on a candidate’s background check. An arrest that does not lead to an official charge is one thing, but a criminal charge remains on the individual’s record even if a court dismisses the case or it results in a not-guilty verdict.

Just because dismissed charges appear on a background check doesn’t mean employers can consider them. Organizations usually recognize the difference between a formal conviction and a dismissed charge, and you cannot assume guilt or wrongdoing based on this. Read our full post about dismissed cases and background checks to learn more about this subject.

Do expunged or sealed records show on background checks?

Some states allow individuals with convictions to request a clean slate after some time. Other states automatically clear an individual’s record of minor or non-violent crimes once such conditions exist—usually several years without additional criminal charges.

A sealed record vanishes from public view and only remains accessible to law enforcement and court-authorized groups. Expungement removes the record from a candidate’s history as if it never existed. Both conditions affect the visibility of criminal records. If a candidate successfully petitions to have their criminal records sealed or expunged, those convictions should no longer appear on a third-party criminal record check report.

Does your company employ candidates whose criminal histories make hiring or providing specific benefits challenging? At backgroundchecks.com, we designed a program called MyClearStart to place information on expungement in the hands of applicants.

Do traffic tickets show on criminal background checks?

Traffic tickets or other driving-related infractions will often not appear in criminal background check reports. Most speeding tickets are civil infractions rather than misdemeanors or felonies not reported on criminal history checks.

That’s not to say employers cannot find traffic citations with another background check. For example, motor vehicle record (MVR) checks offer a way to find this information and are typical for jobs involving vehicles or heavy machinery. In some industries, it is even mandatory by law for companies to consult a candidate’s driving record. Accidents and moving violations – like speeding or failure to yield – may appear on this report.

Of course, there are some driving offenses considered felonies, including reckless driving and driving under the influence of alcohol or drugs. These convictions will appear on a criminal background report. DUIs will also be on a motor vehicle record, especially if the intoxication led to an accident or injuries.

To learn more about what information may appear on a driving history check – from traffic tickets to license classification – visit our driving records background check product page.

How far back do background checks go?

How far back a third-party criminal record check goes depends on the state. No federal law regulates the lookback period for criminal history checks. The Fair Credit Reporting Act (FCRA) does have rules limiting the adverse information a credit bureau can report about a consumer. These include records of arrests that did not lead to convictions. There is no corresponding rule for convictions, which could theoretically appear on an individual’s background report forever.

Most states decide on this matter individually. A term of seven years is the most common lookback period in states that limit the reporting of convictions, such as California and Colorado. In many other states – Florida is one example – there are no restrictions on how far back an agency may report convictions. Speak with your background check company about their lookback period and discuss whether you need more in-depth data on a candidate.

What Are Verification Checks?

Criminal history searches are just part of a thorough pre-employment background check. In addition to reviewing criminal records, most employers take time to verify the information their candidates provide on their resume and job application. There are good reasons to do so—verification informs you about a candidate’s trustworthiness. In today’s competitive environment, it’s also essential to avoid hiring someone under false pretenses.

Unfortunately, lies, half-truths, or embellishments are common. Surveys reveal that individuals frequently falsify their educational background and job history[1]. Unfortunately, a criminal background check reveals nothing about a person’s past employment or education. Since such checks only concern public court records, they aren’t practical tools to help employers notice fabrications.

Instead, you must confirm these details using subject-specific verification checks. Various verifications are available from background screening companies, such as backgroundchecks.com, including employment history, education, professional licensing or certification, and reference checks. Depending on the role, credit history checks may also be necessary. Each provides essential benefits and offers insight into applicant information.

How do employment history checks work?

An employment verification check confirms the validity of a candidate’s work history information on their resume. It’s not uncommon for job applicants to embellish their work history to make it look more impressive to a prospective employer. That might mean tweaking a job title, changing a start or end date, or listing job responsibilities beyond the scope of the position. Employment background screening involves contacting previous employers – usually HR staff – and verifying the accuracy of these data points.

What an employer can or cannot say about a previous employee is a subject of concern and confusion. Employers may be unsure what they may ask another company about a job applicant. You might also wonder what you can say if an employer contacts you about one of your past employees.

No federal law restricts what employers can disclose about previous employees. For instance, if the applicant’s position ended in a firing or termination, the employer can share that detail and explain the reasoning behind the decision. If the facts are truthful and you do not expound about the individual, you can’t face accusations of defamation.

However, just because there is no state law on the subject doesn’t mean employers are always open to talking freely about their ex-employees. Most employers tread carefully here for fear of defamation lawsuits.

Subsequently, employers don’t typically want to comment on subjective questions, such as character or work ethic. Especially if the employer doesn’t have anything good to say about their ex-worker – they don’t want to face a lawsuit and time in court for slandering that person.

So, instead of asking questions that focus on an employer’s opinions about your applicant, most employment verification checks focus on objective and easily verifiable details. These include demonstrable employment dates, job titles, duties or responsibilities, and sometimes salary information. However, some states outlaw the consideration of past salaries for future compensation. Review the law in your area before asking questions about an applicant’s salary.

How do reference checks work?

Job seekers usually list two or three professional references on their resume. Theoretically, these references are people willing to speak favorably about the job seeker’s skills, abilities, work habits, and more. However, since job seekers ask references to speak on their behalf, reference checks can touch upon subjective topics that work history verifications usually cannot, including personality, character, and work ethic.

Continue reading to find out how we can check your candidate’s references.

What shows on a civil history check?

A civil history background check is entirely different from a criminal background check. Where the state brings criminal cases against defendants, civil cases originate with filings by the alleged victim instead. For instance, if someone sues their neighbor over a property damage claim, that case becomes part of the civil court history for the plaintiff and the defendant. Therefore, a civil background check would turn up information about that case.

Note that there are two types of background checks for civil history: county and federal. Read our blog post to understand what shows on civil history records available from background screening companies.

What do education history checks show?

Like employment history, education history is a resume detail employers may want to verify about their candidates. Education verification can be crucial for pre-hiring due diligence, especially in academia or jobs requiring specific degrees or credentials. You can browse our product page for education history checks to learn more about how they work and why they are essential in the background check process.

Your Next Steps

Dig deeper and explore our detailed Learning Center for more information on background screening services, compliance, and verification. Read our blog for frequent updates on news, background screening legislation, and more.