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Home » HR Glossary » Background Check
Did you know that 53% of applications or resumes submitted by candidates to hiring managers contain at least one inaccuracy or lie?
Surprisingly, half of all reference checks done on prospective employees show discrepancies between what the job applicant provided and what the source actually reported. As employers, we can’t afford to take chances with our hiring decisions – especially when a wrong hire can cost an organization $17,000 on average.
With hybrid working and remote hiring becoming more common, employment frauds are unfortunately on the rise. This makes the background verification process more critical than ever before. A comprehensive pre-employment background check helps us verify that candidates are truly who they claim to be.
The good news? According to research, 84% of employers continue to derive significant benefits from background checks, and 60% of organizations already include them in their hiring process. Furthermore, tech-enabled employment background check solutions are now reducing turnaround times substantially, enabling swifter hiring and monitoring.
In this step-by-step guide, we’ll walk you through everything you need to know about conducting effective background checks – from legal considerations to handling red flags – so you can make confident hiring decisions and protect your organization.
In today’s hiring landscape, a background check represents a crucial step in vetting candidates before bringing them onboard. Understanding what this process entails and its significance can help employers make informed decisions while maintaining compliance with relevant regulations.
A background check is a systematic process used by organizations to verify that individuals are who they claim to be and to examine their background activities including education, employment history, and other past experiences. This verification process helps confirm information found on employment applications or résumés while providing a more complete picture of a candidate beyond what they’ve disclosed.
The scope of a background check varies based on the employer’s needs, job requirements, and location. Generally, these checks encompass:
The depth and breadth of these checks differ between countries, industries, and even specific roles within an organization. In fact, background screening consists of “researching and consolidating a variety of employment, educational, criminal, financial, and other records about an individual or organization for employment purposes”.
An estimated 95% of U.S. businesses conduct background checks before making hiring decisions. Additionally, research shows that 95% of employers use one or more types of background screening techniques. There are compelling reasons behind this widespread practice.
First and foremost, background checks allow employers to evaluate the accuracy of candidates’ credentials, minimizing the risk of hiring unqualified individuals. This verification process helps organizations improve workforce quality over time by ensuring new hires truly possess the skills and experience they claim.
Secondly, these checks help employers manage risk. By screening for criminal records, organizations can reduce workplace violence incidents and protect their workforce. Background verification also helps prevent employee fraud or theft—particularly important for positions involving financial responsibilities or access to sensitive information.
Thirdly, background checks significantly reduce legal exposure. If an employee with a violent history harms a customer, the employer could face a negligent hiring lawsuit claiming they should have known about the risk. Additionally, proper screening helps ensure compliance with industry-specific regulations and immigration laws.
Finally, these verifications help safeguard company reputation. The right screening process protects an organization’s brand image by avoiding potentially uncomfortable situations that might arise from improper hiring.
Background checks most commonly occur during the pre-employment screening process, although their exact timing varies among organizations. While some employers conduct them early in the hiring process, most initiate background verification after a conditional job offer has been extended to the candidate.
For many positions, especially those involving financial responsibilities, working with vulnerable populations, or requiring specific certifications, background checks may be mandatory by law. For instance, healthcare roles, school bus drivers, and rideshare drivers typically undergo mandatory screening before employment begins.
The background verification process typically takes between 2-7 business days, with most companies allowing 4-5 days for completion. This timeframe can vary based on the comprehensiveness of the check and the verification sources involved.
Beyond the hiring stage, background checks aren’t limited to new applicants. Many organizations conduct ongoing checks throughout the employment lifecycle. As an HR professional explained, “People’s circumstances change, and it’s important for companies to stay informed”. This continuous monitoring helps maintain workplace safety and compliance over time.
While an employment background check often indicates serious interest from an employer, it doesn’t guarantee a job offer. Sometimes employers request background checks for multiple candidates or may withdraw offers based on legitimate concerns discovered during the verification process.
Ultimately, pre-employment background checks serve as a critical tool for making smart, well-informed hiring decisions that save businesses time and money while ensuring new hires align with company culture and meet necessary safety standards.
The legal framework surrounding background checks can be complex, but understanding it is essential for proper compliance. Navigating these regulations carefully helps employers avoid costly lawsuits while respecting candidates’ privacy rights.
Consent and data privacy laws
Obtaining proper consent forms the cornerstone of legal background verification processes. Under various privacy laws, employers must secure written authorization from candidates before conducting any checks. This isn’t merely a formality—it’s a legal requirement that, when neglected, can lead to serious consequences.
Proper consent should be clear and transparent. For pre-employment background checks, you must:
The requirements vary by jurisdiction. For instance, certain privacy laws mandate that employers collect only necessary information relevant to the specific job position. This concept, known as data minimization, prevents excessive collection of personal data that isn’t essential for employment decisions.
Moreover, data privacy laws require employers to implement adequate security measures to protect candidate information collected during background verification processes. These safeguards help prevent unauthorized access, data breaches, and accidental loss of sensitive information.
The Fair Credit Reporting Act (FCRA), enacted in 1970, serves as the primary federal law governing employment background checks in the United States. The FCRA regulates how consumer reporting agencies collect and provide information, essentially creating a framework to ensure fairness, accuracy, and privacy.
Under the FCRA, employers must follow specific procedures:
First, before conducting a background check through a consumer reporting agency, you must notify the candidate in writing—in a standalone document separate from the employment application. This disclosure cannot include liability waivers or non-disclosure agreements.
Second, if you’re considering making an adverse employment decision based on background check results, you must follow a two-step adverse action process:
The FCRA grants candidates several important rights, including the right to be informed about background checks, provide consent, access their results, and dispute inaccuracies. Failure to honor these rights can result in substantial penalties.
Common legal pitfalls to avoid
Even well-intentioned employers often make mistakes that lead to legal troubles. One of the most common pitfalls is failing to obtain proper consent before conducting background checks for employment. This seemingly small oversight has resulted in major class action lawsuits with settlements reaching millions of dollars.
Additionally, many employers stumble by not following the proper adverse action procedure. Consequently, if you decide not to hire someone based on background check findings, you must provide pre-adverse action notification, allowing candidates to review and dispute the information before making a final decision.
Another frequent mistake involves ignoring state and local regulations. While federal laws like the FCRA establish baseline requirements, state laws often impose additional restrictions. These laws constantly evolve, making compliance a moving target that requires regular review of your background verification process.
Employers should also avoid collecting excessive data beyond what’s relevant for the position. Essentially, this means tailoring your background check to job-specific requirements rather than conducting identical screenings for all positions.
Furthermore, the FCRA restricts reporting of obsolete information. Criminal arrests that didn’t lead to conviction generally cannot be reported after seven years. Understanding these timing limitations helps prevent inadvertent violations that could result in litigation.
The financial consequences of non-compliance can be severe. Recent FCRA settlements have ranged from $101.26 million to $202.51 million, underscoring the importance of strict adherence to legal requirements throughout your pre-employment background check process.
When screening potential employees, understanding the various types of background checks available helps employers make informed hiring decisions. Each verification type serves a specific purpose in building a comprehensive picture of your candidates.
Criminal record check
A criminal record check delves into an individual’s past criminal history to assess potential risks. This verification is especially important for positions requiring significant trust and responsibility. The process helps enhance workplace safety, inform hiring decisions, and reduce legal liability.
Skipping these checks poses serious risks, including:
Through this screening, employers can search both domestic and international databases to determine if a candidate has been involved in organized crime or mentioned in court proceedings.
Employment history verification
Employment verification confirms a candidate’s previous work experience, helping employers verify that applicants truly possess the qualifications they claim. This essential process identifies discrepancies between stated work history and actual employment.
During this verification, employers typically contact previous workplaces to inquire about:
If direct contact proves difficult, candidates can provide alternative documentation such as employment verification letters, pay stubs, or W-2 forms. This thorough verification helps minimize hiring risks by identifying false employment claims, gaps in employment, or fabricated job titles.
Education verification
Education qualification checks verify a candidate’s academic credentials, including degrees, certificates, and achievements. This crucial verification confirms whether applicants truly have the educational background necessary for the position.
The verification typically examines several parameters:
Beyond basic verification, this process helps identify diploma mills—unaccredited institutions that sell fake degrees—and confirms the authenticity of foreign qualifications. Employers can conduct these checks directly with institutions or through specialized third-party services.
Credit check
Credit checks assess a candidate’s financial history, primarily for positions involving financial responsibilities such as accounting or financial management. Unlike personal credit reports, employment credit checks don’t include credit scores.
The report typically shows:
These checks are classified as “soft inquiries” and don’t impact the candidate’s credit score. Many organizations view financial responsibility as an indicator of trustworthiness, yet employers should know that some states restrict the use of credit information in hiring decisions.
Social media screening
Social media screening examines candidates’ online presence across platforms like LinkedIn, Twitter, Facebook, and Instagram. Through this verification, employers gain insights into behaviors that might affect workplace culture or indicate potential risks.
Modern screening often employs AI technology with configurable search criteria to analyze public profiles. Employers typically look for:
Nevertheless, companies should maintain fair, transparent practices during social media screening to protect job seekers’ rights.
Reference checks
Reference checks involve contacting a candidate’s former colleagues, employers, or teachers to gain deeper insights into their professional capabilities and character. This verification helps confirm work history while providing valuable perspective on the applicant’s work style and interpersonal skills.
For maximum effectiveness, reference checks should:
Unlike background checks that focus on verification, reference checks often reveal qualitative information about candidates’ strengths, weaknesses, and workplace behaviors—details crucial for determining cultural fit.
Implementing a structured background check process safeguards your organization from potential hiring risks. By following these five critical steps, you can ensure thorough candidate verification while maintaining legal compliance.
Step 1: Get written consent from the candidate
First and foremost, obtaining proper written consent isn’t just good practice—it’s legally required. Federal regulations mandate that employers secure permission before conducting any background verification process. This consent must appear on a standalone document, separate from the job application or other onboarding materials.
The consent form should clearly outline:
Employers can obtain signatures either through traditional pen-and-paper methods or secure digital signature systems. Subsequently, this documentation should be preserved in the candidate’s file for up to five years after conducting the check.
Step 2: Choose what to verify
Determining what elements to include in your employment background check depends on the specific role and industry requirements. To ensure fairness, verify the same information for all candidates applying for similar positions.
Prior to finalizing your verification plan, consider consulting your legal team about compliance with industry-specific regulations. The most comprehensive pre-employment background checks typically include:
For positions involving financial responsibilities, a credit history check might be appropriate, whereas driving record verification is essential for roles requiring vehicle operation.
Step 3: Select a background check provider
Choosing the right vendor for your background check for employment needs significantly impacts the quality and reliability of results. When evaluating potential providers, consider several key factors:
Look for advanced technology that improves data accuracy and speeds up turnaround times. Indeed, the provider should offer a positive candidate experience with mobile-optimized forms and dedicated support.
The best providers offer seamless integration with your existing applicant tracking systems, streamlining the hiring workflow. Above all, ensure the provider has built-in compliance features to support fair hiring practices and navigate the complex web of legal requirements.
Step 4: Collect and submit candidate information
Once you’ve selected a provider, you’ll need to gather essential candidate information. This typically includes:
Additional information requirements may vary depending on which screening types you’ve selected. For instance, motor vehicle reports require driver’s license information, whereas education verification needs details about institutions attended and degrees obtained.
To simplify this process, many background check platforms allow direct candidate input through secure portals, reducing manual data entry and potential errors.
Step 5: Review the results
After receiving the background check results, you’ll need to review them thoroughly against your predetermined hiring criteria. Results typically come with status indicators such as “Clear,” “Eligible,” or “Review” to help streamline decision-making.
For reports flagged for review, examine the specific records requiring attention. These might include criminal records, employment discrepancies, or education verification issues. To help in your adjudication process, maintain detailed hiring criteria for each role to ensure objective evaluation.
If discrepancies arise, discuss them with the candidate before making final decisions. This approach not only ensures fairness but also fulfills legal obligations under adverse action requirements if you ultimately decide against hiring based on background check findings.
Selecting the right partner for your background verification needs dramatically impacts the quality, efficiency, and compliance of your screening process. A thoughtful approach to provider selection ensures you receive accurate information while maintaining legal compliance.
What to look for in a vendor
When evaluating potential background check providers, prioritize these essential factors:
First, examine their range of services to confirm they offer all the verification types your organization requires. The best providers deliver comprehensive solutions beyond standard screening, with customization options that allow you to tailor packages to specific roles.
Next, assess their technology and integration capabilities. Look for providers with user-friendly platforms that streamline your process and improve candidate experience. Additionally, ensure their systems integrate seamlessly with your existing HR software or applicant tracking system to reduce administrative tasks.
Customer support quality proves equally crucial. Choose a provider with a responsive team that addresses issues promptly through multiple channels including email, phone, and chat. Furthermore, check if they offer training resources that help you better understand their reports.
Pricing transparency stands as another vital consideration. Select providers with clear, client-centric pricing structures and no hidden fees. Ideally, choose vendors that allow you to pay only for services you need, without minimum contracts or mandatory volumes.
Lastly, research their reputation through client testimonials and industry recognition. Awards like the HRO Baker’s Dozen Customer Satisfaction Ratings or HR Tech Awards often indicate reliable and effective background check providers.
In-house vs. outsourced checks
The decision between internal and external background verification processes depends on several key factors specific to your organization.
Internal screening means your company’s HR team manages all verification themselves, contacting previous employers, validating credentials, and organizing police checks. This approach offers complete control over the process and potential cost savings for businesses with low hiring volumes. However, in-house screening demands significant time commitment from your staff and may lack the specialized expertise needed for thorough verification.
Conversely, outsourcing to professional screening companies brings specialized knowledge and dedicated resources to your employment background check process. These providers typically deliver faster results through streamlined workflows and advanced technology. External providers also simplify compliance with relevant regulations and easily scale to handle fluctuations in hiring volumes.
Consider these factors when deciding:
For smaller businesses with infrequent hiring, in-house screening might suffice. Nonetheless, organizations with regular or substantial hiring needs typically benefit from the expertise and efficiency of outsourced providers.
Ensuring FCRA compliance
Compliance with the Fair Credit Reporting Act (FCRA) represents a non-negotiable aspect of the background verification process. When selecting a provider, confirm they maintain robust compliance measures.
Look for providers that have integrated adverse action workflows at federal, state, and local levels. The best vendors automate compliance processes to help you make informed hiring decisions without becoming a compliance expert yourself. These providers should offer built-in compliance features that accommodate conflicting laws across jurisdictions.
Equally important, evaluate how potential providers handle candidate consent forms and adverse action notifications. Dead-simple adverse action processes mean the provider has automated everything possible to help you navigate this complex area. This automation helps ensure consistent and fair application of adverse action rules for every candidate.
Given recent FCRA compliance decisions pointing in confusingly different directions, relying on a knowledgeable provider becomes increasingly valuable. Choose vendors who stay current with evolving regulations and help you implement best practices to avoid costly lawsuits.
Ultimately, the right background check provider becomes a partner in your hiring process, offering expertise, efficiency, and peace of mind through compliant, thorough verification.
Discovering red flags during a background check requires thoughtful handling and careful evaluation. When potential issues emerge, employers need a systematic approach to assess their significance while maintaining fairness and compliance with legal requirements.
What counts as a red flag
Red flags in employment background checks typically fall into several categories. Criminal records often prompt immediate concern, though their relevance varies based on the position and offense type. Unexplained employment gaps or frequent job changes might indicate potential problems with retention or performance.
Inconsistencies between provided information and verification results represent another common concern. These discrepancies might appear in:
Other notable red flags include poor credit history for financial positions, failed drug tests for safety-sensitive roles, negative reference feedback, and problematic social media content showing discriminatory behavior.
How to verify and confirm discrepancies
Upon identifying potential issues, verification becomes crucial. First thing to remember, never take immediate adverse action without thorough investigation. Instead, follow these steps:
For criminal records, verify the information belongs to your candidate, as identity confusion happens frequently with common names. Under the FCRA, you must provide candidates with a pre-adverse action notice including a copy of their background report before making negative decisions.
When to give candidates a second chance
Many organizations now recognize the value of “second chance” hiring policies. In essence, blanket disqualifications often eliminate qualified candidates who could become valuable team members.
Consider these factors when evaluating whether to proceed with candidates despite red flags:
First, assess relevance to the specific position. Does the issue directly impact the candidate’s ability to perform essential job functions? The EEOC recommends evaluating the nature of the offense, time passed since occurrence, and relevance to job duties.
Second, evaluate recency and severity. Minor infractions from years ago typically warrant less concern than recent serious issues.
Finally, consider context and rehabilitation efforts. A candidate who acknowledges past mistakes and demonstrates growth often deserves consideration. Major companies like JPMorgan Chase have committed to giving people with arrest or conviction histories second chances.
In the long run, inclusive hiring practices that distinguish between relevant concerns and irrelevant records can significantly benefit businesses while supporting employment in communities.
A formal background verification policy serves as the foundation for effective screening practices. This documented approach helps organizations standardize their verification processes while protecting both the company and candidates.
Why a policy is important
Establishing a written background check policy reduces your organization’s legal exposure. Without clearly defined procedures, companies risk discrimination claims and costly lawsuits. Additionally, a well-crafted policy demonstrates your commitment to workplace safety and data privacy.
Maintaining consistency across all verification processes becomes significantly easier with documented guidelines. Your policy ensures that every candidate receives fair and equal treatment during the screening process, regardless of who conducts the verification.
Furthermore, a formal policy helps your organization remain compliant with changing regulations. Regular review—ideally every six months or whenever regulations change—keeps your practices aligned with current legal requirements.
What to include in your policy
An effective employment background check policy should address:
Your policy should clearly document who will be screened and what information will be verified. This ensures that every verification follows consistent procedures and gathered information is used appropriately for employment decisions.
How to ensure consistency across roles
The most effective background verification process applies appropriate screening levels based on position requirements. For instance, you might require employment verification and education checks for all senior management roles, but not for certain entry-level positions.
Initially, determine which verifications are necessary for each role type. A risk-based approach helps balance thoroughness with relevance—positions with financial responsibilities may warrant credit checks, while driving roles necessitate motor vehicle reports.
Most importantly, apply your screening standards consistently to all candidates within the same role category. This practice prevents discrimination claims while ensuring fair treatment. As the EEOC recommends, screen all prospective employees after a conditional offer and current employees at predetermined intervals.
Technology continues to reshape the landscape of background checks, bringing efficiency and accuracy to what was once a time-consuming process. From artificial intelligence to blockchain, innovative solutions are transforming how employers verify candidate information.
AI and automation in verification
Advanced AI technologies now power modern employment background check systems, dramatically improving efficiency and accuracy. These systems utilize natural language processing, computer vision, and intelligent document processing to handle unstructured data from various sources. By automating complex tasks, AI can reduce manual verification by up to 90%, allowing HR professionals to focus on more strategic responsibilities.
AI-powered tools can:
Machine learning algorithms continually improve verification accuracy by learning from each new data point analyzed. For instance, Amazon Bedrock and Anthropic’s Claude assistant can now validate employee background reports against specific client requirements with up to 80% machine accuracy.
Blockchain and secure data handling
Simultaneously, blockchain technology is emerging as a game-changer for data security in the background verification process. This decentralized ledger creates immutable, tamper-proof records that can be accessed and verified without intermediaries.
Beyond security, blockchain offers practical benefits for pre-employment background checks. Smart contracts can automate verification processes based on predetermined rules, while decentralized identity management gives applicants control over their information while ensuring employer access to verified credentials.
Remote hiring and global compliance
As remote work becomes standard practice, employee background verification is adapting to support global hiring. Modern screening technologies now integrate compliance requirements from multiple jurisdictions into unified platforms.
In response, AI-driven compliance monitoring systems can flag irregularities or policy changes in real-time, helping employers navigate complex international regulations. These systems ensure adherence to data privacy laws like GDPR and CCPA while facilitating background checks across borders.
Undoubtedly, these technological advancements are creating more efficient, accurate, and secure background check for employment processes, benefiting both employers and candidates in our increasingly digital and global workplace.
Running effective background checks represents a crucial component of any successful hiring strategy. Throughout this guide, we’ve explored the multifaceted aspects of the verification process—from understanding legal requirements to implementing structured screening policies. Background checks undoubtedly help protect our organizations from potential risks while ensuring we hire qualified candidates who truly possess the credentials they claim.
First and foremost, remember that compliance stands at the core of any background verification process. Federal laws like the FCRA along with state regulations create a complex framework we must navigate carefully. Additionally, obtaining proper consent, following adverse action procedures, and maintaining data privacy protect both our organizations and candidates.
The right verification approach depends largely on specific job requirements and company needs. Whether checking criminal history, verifying employment credentials, or screening social media, each verification type serves a distinct purpose in building a comprehensive candidate profile. Most importantly, these checks must be consistent, fair, and relevant to the position.
Technology continues to transform how we conduct background checks. AI-powered tools now streamline verification processes, while blockchain solutions enhance data security. These advancements enable faster, more accurate results that benefit both employers and candidates.
Creating a formal background verification policy ensures consistency across your organization while protecting against potential discrimination claims. Such policies help standardize which checks apply to specific roles and how your team handles discovered discrepancies.
While red flags certainly warrant attention during the screening process, they shouldn’t automatically disqualify candidates. A thoughtful approach to evaluating these concerns, considering their relevance and context, often leads to better hiring decisions and more diverse workforces.
Remember, background checks ultimately save time, money, and potential headaches by helping us make informed hiring decisions. Their value extends beyond simple verification—they build trust, enhance workplace safety, and protect company reputation.
The investment in proper background verification today will surely pay dividends through stronger teams, reduced turnover, and minimized risk tomorrow.
Q1. What are the key steps in conducting a background check?
The main steps include informing the applicant, obtaining consent, collecting relevant data, conducting the investigation, and reviewing results. It’s important to follow legal requirements throughout the process.
Q2. What types of background checks do employers commonly use?
Common types include criminal record searches, employment history verification, education checks, and reference checks. The specific checks used depend on the position and industry requirements.
Q3. How long does a typical background check take?
Most background checks take between 2-7 business days to complete, with many companies allowing 4-5 days. The timeframe can vary based on the comprehensiveness of the check and verification sources involved.
Q4. What should employers do if they find red flags in a background check?
Employers should verify the information’s accuracy, compare findings against the candidate’s application, and allow the candidate to explain any discrepancies. It’s important to consider the relevance of the issue to the specific job role before making a decision.
Q5. How can employers ensure their background check process is legally compliant?
To ensure compliance, employers should create a formal background verification policy, obtain proper consent, follow adverse action procedures when necessary, and stay updated on relevant laws like the Fair Credit Reporting Act (FCRA). Regular policy reviews and using reputable background check providers can also help maintain compliance.
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