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The Fair Credit Reporting Act (FCRA) requires that employers inform job applicants of their intent to perform a background check. They must also inform applicants that the information obtained will be used to make the employment decision. You must notify the applicant of these facts in writing. The written notification cannot have any other information on it. It must be on its own page. Also state whether or not you intend to check on the employee's criminal history throughout their employment. Employees and applicants must be notified that you intend to do future checks. You must get written permission from the employee or applicant. State law may add other limitations on the use of a criminal background check in employment decisions. Accordingly, you need to read up on your state law or seek the counsel of an employment attorney. The FCRA allows reports to gather information as far back as seven years, however a few states won't allow even criminal records older than seven years to be disclosed in a background check. Some states prohibit the use of criminal records. Hawaii, for example, prohibits any inquiry into criminal history until after the employer has extended a conditional offer. Massachusetts also prohibits employers from even asking about criminal history on an initial job application. The use of an applicant's credit history may also be limited or prohibited. In Illinois, for example, an employer may not use information about credit history in a hiring decision, unless the applicant has applied for a job in a limited set of industries (such as banking or insurance). The Fair Credit Report Act limits who can legally access a person's consumer report. Only someone with a valid reason may access a person's credit reports. A CRA collects information and background reports by culling the information from a variety of databases, some of which it pays to gain access to. To find CRAs, visit the National Association of Professional Background Screeners website. This organization accredits agencies who pledge to abide by a published code of conduct. Visit this portal. You can search for firms by entering a company name, state, or zip code. From the list of results, you can click through to each company's website. Each company's website provides additional information about the services it offers. Once you identified CRAs in your city or state, you should research further to see which are legitimate. If you want, you could pick a member of the NAPBS, which should be legitimate. But if you decide to try a non-accredited company, call up (or email) and ask the following: Can they provide you with references or a copy of their business license? Do they have controls in place that mandate compliance with FCRA regulations? Does the company have insurance? If the company's answer is "No" to any of these questions, look elsewhere, regardless of how good of a deal the company is offering. Once you hire an agency, you initiate the process by certifying that you have followed the appropriate procedures. For instance, you must certify that you complied with FCRA regulations by obtaining the applicant's signature after informing him or her that you intended to perform a background check. Furthermore, you must certify that you will not break any discrimination laws based on information contained in the person's consumer report. A consumer report will contain information about criminal records and employment/credit history. Under federal law, CRAs generally will not reveal civil lawsuits, civil judgments, arrests, accounts out for collection, or paid tax liens if they happened more than seven years ago. Furthermore, the report will not contain information about bankruptcies more than 10 years' old. However, if you need to go back more than 10 years, you can request that the history is included in your report. Of course, state law limits what you can request. State law may not allow you to request information older than seven years. If a consumer report contains information that dissuades you from hiring a person, you must inform the applicant of this fact. You must notify the applicant so that he or she can challenge the information, if necessary. To discharge your duties, you must: Inform the person that there is negative information in the report. Give the applicant the name of the CRA that you used. Supply the applicant with a copy of the "Summary of Your Rights under FCRA." (You should have received this from the CRA you hired). Provide the applicant with an opportunity to rebut the information in the report. This rebuttal can be in the form of a letter outlining why the background check is wrong.
Tell the employee or applicant about the background check. Research your state law. Find accredited Consumer Reporting Agencies (CRAs). Narrow down your list of CRAs. Hire a CRA. Order a report from the CRA. Make a hiring decision.