What kinds of criminal records show up on a 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.
What is Adverse Action and when is it required?
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.
What do they look for in a background check?
Background screenings can vary greatly depending on what is required of certain positions, industry standards, and state laws. DISA's products include:
- Criminal History Checks (Federal, State, and County)
- Civil Searches (Federal and County)
- SSN Validity Checks
- Employment Verifications
- Education Verifications
- I-9 and E-Verify
- State Driving Records
- Professional Licenses and Credentials
- Credit Reports
- Adverse Action Notices
- Personal Reference Verifications
- Government Sanctions Lists
- Sex Offender Searches
- DOT Testing History
- Criminal Investigative Services
What is the most common background check?
Pre-employment background checks are the most common. As an employer, you want to ensure a safe hire every time to protect your company’s reputation and workplace safety. Employees are often screened during the hiring process with a background check according to the company’s policy. Depending on the employer and the industry, background checks can vary greatly.