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

DISA accesses a database that consists of more than 180 million criminal record files, which have been compiled from a variety of sources, including local law enforcement, statewide criminal record repositories, departments of corrections, state parole and probation records, local public records sources, etc. to identify pointer data to be verified at the source. DISA also uses data sources to compile counties where a person may have lived. The database file may uncover multiple states/jurisdictions where the applicant had no previous address history. These products serve as a pointer used to determine the jurisdictions in which an individual has lived, worked, or attended school for purposes of criminal history ordering.

An employer must first establish a background check policy with their company. Once implemented, they can begin performing background checks, usually for pre-employment, but sometimes ongoing depending on the position. 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.

Since each background check can be customized to meet the needs of the employer, job position, and state laws, questions can vary according to what is included in the check. For example, if the employer chose to include an education verification, then the candidate would be asked questions regarding what school they attended, the years they attended, when they graduated, what degrees (if any) they acquired, etc.