While the laws vary between states, typically an employer can perform a background check. A 2018 survey found that 95% of employers report conducting one or more types of employment background screening. In fact, for some jobs, like any job that involves working with children, employers are required to perform background checks. It is legal for employers to inquire about an applicant’s background, however there are certain restrictions on questions about medical and genetic information. Additionally, employers are prohibited from using the information obtained in ways that deny equal employment opportunity to anyone on a protected basis, by intent or by unlawful disparate impact. Some of the most common information an employer checks is: Credit history Driving record Criminal record Court records References Drug tests Past employers Sex offender lists School records Medical records