Many employers run background checks. When they use a screening company, federal law requires specific steps that protect you.
Employer duties under the FCRA
- Give you a clear written notice that a report may be obtained, in a standalone document.
- Get your written permission.
- If they plan to take negative action based on the report, give you a copy and a summary of your rights first.
- After the final decision, send an adverse action notice naming the reporting company and explaining how to dispute.
What may appear
- Criminal records, subject to state and local limits.
- Employment and education verification.
- Credit history, restricted in many states.
- Driving records for driving jobs.
Fair chance laws
Many states and cities limit when employers can ask about criminal history, such as only after a conditional offer, and require an individualized assessment. Federal guidance warns that blanket bans can have a discriminatory effect.
If there is an error
You can get a free copy of the report after an adverse action and dispute mistakes with the reporting company. Dispute in writing, keep copies and follow up. See our guide to disputing credit report errors for a similar process.
Frequently asked questions
Can an employer check social media?
Often yes for public content, but states vary and employers must avoid using protected characteristics.
How far back can criminal records go?
It varies by state, and some limit reporting of older convictions.