Answer

Why is the candidate's consent required to run a background check?

According to the Fair Credit Reporting Act (FCRA) § 604 – 15 U.S.C. § 1681b, employers are required to provide applicants with a separate written disclosure, which advises that a consumer report may be obtained for employment purposes. The document must consist solely of the disclosure as a stand-alone document. Additionally, the employer also must obtain the applicant’s written consent to order the background check.

A criminal history check reveals detailed information regarding an individual’s county, state, and federal criminal history. Each record varies by the type of information it searches for and the results that are returned.

1) County background checks, or county criminal history search results, include information about criminal cases filed only in the county ordered.

2) State background checks, or statewide criminal history search results, include information as reported to a state by counties within the state. Results may include case number, offense type, date of offense, disposition date/specifics, and confirmation of the current disposition.

3) Federal background checks, or federal criminal history search results, include criminal court record information that can be accessed via one or more of the 94 U.S. Federal District courts across the United States.

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.

DISA’s Client Services department team can answer most questions you may have. Please call them at 281-673-2450. In addition, your contractor employer should be able to provide information about specific owner requirements.