What do employers look for in a background check?

The adverse action process is required for any action taken that denies an individual employment, credit, insurance, etc. based on information obtained through a consumer report. This three-step process complies with federal laws to protect applicants from discrimination. Although it’s the law, many companies still fail to send adverse action notices, subjecting them to potential lawsuits. Employers must abide by the guidelines set forth by the Fair Credit Reporting Act (FCRA) which requires the employer to provide a standalone disclosure informing the applicant that a consumer report may be obtained with written consent. The employer must also provide a copy of the pre-adverse notice, background report, and summary of rights to the applicant prior to an adverse action decision. If any adverse information appears on their background check, then a pre-adverse notice is used to inform the employee that something has returned which may or may not affect their hiring decision. This gives the employee an opportunity to file a dispute prior to receiving a final adverse action notice. An adverse action notice must be sent only if the employer denies the applicant employment based on the information from the background check.

Depending on the scope of the search allowable by law or requested by an employer, records of convictions of a felony or misdemeanor are usually reported on a background check. Non-convictions may be reported in some cases depending on the date of the charge or whether a case has been dismissed. Federal and state law will determine how far back criminal records can be reported.

A felony is typically defined as a crime punishable by a term of imprisonment of not less than one year or by the death penalty. Felonies may include crimes such as arson, assault, battery, fraud, homicide, kidnapping, rape, robbery, sex crimes, and terrorism.

Misdemeanors are often less serious crimes and are generally punishable by less than 12 months in jail. Community service, probation, fines, and imprisonment for less than a year are commonly issued punishments for misdemeanors. Obviously, each state may vary as to what is classified as a misdemeanor or felony.

DISA Global Solutions is only responsible for reporting background check results to your employer. Your employer or HR representative is responsible for reporting your background check status since they ultimately determine hiring decisions.