If you're a job seeker, one of the most important questions you should be asking yourself is "
What's in my background check?"
The majority of employers today are conducting background checks on potential
job candidates in order to ensure they are making the best possible hire. While law dictates that applicants for certain jobs be screened, many employers simply conduct background checks to avoid negligent hiring and to make sure a candidate is who they say they are.
Even if you have nothing hide, it's often helpful to know what an employer will find out about you when they conduct a background check. There are
many things available in background checks that you may not be aware of.
Technically, the
Fair Credit Reporting Act states what can and cannot be included in a background check. However, these rules only apply to third-party vendors and not companies that conduct background checks in-house.
Under the FCRA, employers are allowed to check information regarding:
Driving recordsVehicle registrationCredit recordsCriminal recordsSocial Security numberEducation recordsCourt recordsWorkers' compensationBankruptcyCharacter referencesNeighbor interviewsMedical recordsProperty ownershipMilitary recordsState licensing recordsDrug test recordsPast employersPersonal referencesIncarceration recordsSex offender listsThe FCRA further states that an employer may not access information regarding: bankruptcies after 10 years; civil suits, civil judgments, and records of arrest after seven years; paid tax liens after seven years; accounts placed for collection after seven years; and any other negative information, except criminal convictions, after seven years.
Keep in mind that these rules say nothing about an employer's right to ask you a question regarding this information. Also, the rules in some states are more stringent than those in the FCRA. For instance, in California it is illegal for an employer to seek an arrest record unless the arrest resulted in a conviction or the candidate is pending trial.
Despite the rules stated in the FCRA, it's also important to remember that as technology changes, so do the ways employers have access to information about you. Therefore, the FCRA should not be considered the be all and end all of available facts.