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.

Instant background checks are more commonly known as “national criminal database searches” and provide general information pulled from a commercially available database. Although they have a quick return, the information is not corroborated against any official county court record and can provide inaccurate information as it’s not derived from a verified source. Comprehensive background checks are all-encompassing and 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. This prevents mistaken identity matches that sometimes occur with instant checks when a person with the same name as the applicant has hits on their record. Employers must be cautious when choosing a background check process because choosing an instant check over a comprehensive check could lead to fines and lawsuits if they don’t abide by the guidelines set forth under the Fair Credit Reporting Act (FCRA).

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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.