Answer

What do employers look for in a background check?

Employers can look for a variety of things in a background check including but not limited to education/employment verification, SSN/i9 checks, or prior federal, state, or county convictions. Although employers can customize their background check policies, depending on the industry or state laws, they have to abide by certain practices to maintain compliance.

A growing trend with the employment screening industry is the use of commercially compiled databases, also known as instant background checks or “national criminal database searches.” These types of checks are quicker and cheaper but lack accuracy and credibility and put employers at a greater risk of fines and lawsuits from the Fair Credit Reporting Act (FCRA).

Background checks often include a criminal history search at a minimum. However, depending upon the nature of the job, for persons in more sensitive, high-level positions or those dealing with vulnerable populations, it may also include investigation of credit reports, sanctions checks, sex offender checks, and/or driving history.

Background checks also may include verification of previous employment, education, professional licenses, and personal or professional references.

With the legalization of marijuana across many states, cities such as San Francisco have implemented conviction expunging policies (Proposition 64) which remove misdemeanors and non-violent charges related to marijuana. Policies like these aim to get previous convictions reduced or reclassified to lesser offenses, with some convictions being dismissed altogether. This means that charges that are expunged will not appear on background checks. Employers need to implement a comprehensive background check process that will navigate individual state and city regulations. When employers use cheaper instant background checks, information can be incorrect or outdated, which could lead to potential lawsuits or liability in the workplace.

In addition, employers should consider services, such as social security number validity, criminal history for federal, county, and state, employment verification, etc., to provide the most accurate and up-to-date information.