Writing your resume, searching and applying for jobs, and attending interviews are all part of the job search process. If you have a criminal record though, knowing what to expect if and/or when an employer runs an employment background check is critical. Identifying any errors beforehand can potentially save you time and reduce the chances that an employer may take an adverse action if or when they obtain your background report.
When it comes to the types of employment background checks employers may request there are several options available. Depending on the employer and position you are applying for the employer may elect to run one or more of these checks before and after you are hired.
You most likely have an idea of what is on your "criminal record" already, but did you know that employment background checks can turn up even more information and in some cases wrong information. Similar names and birthdates get mixed up and another person's information can quickly show up on your report. While there are laws and processes in place to help fix these errors, it still takes time and can be the difference between being hired and not being hired for a position.
The type and amount of information that appears on a background check will vary depending on the type of report the employer runs and the company that actually runs the report for the employer. In most cases, employers that run background checks on applicants or current employees will see any and all criminal convictions, potentially any arrests without convictions, any misdemeanors, and even speeding tickets.
Many states limit the amount and types of information that can be reported and how that information can be used for hiring decisions. As you will see below, besides varying state laws the Fair Credit Reporting Act ("FCRA") and Title VII of the Civil Rights Act of 1964 also have an important part in what information employers can see and use.
Criminal records, the companies that keep and run them, and their use by employers are all governed by both federal and state laws. The two main federal laws that pertain to background checks are the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964. Enforcement of the Civil Rights Act falls to the Equal Employment Opportunities Commission (EEOC). Many states have also enacted their own laws when it comes to the use of background checks for employment purposes.
What you may not know is that you can run your own background check prior to applying for any jobs. In fact, obtaining your own report can help you identify any possible issues and get them resolved before an employer has a chance to even see them.
Ready to take charge of your background? Run your personal background check today and see what employers will see.
PLEASE NOTE: Nothing on this page should be construed as legal advice. You are advised to speak with a licensed attorney in your state. The MBJ Group PBC, makes no warranty, express or implied, concerning the information contained in this site and expressly disclaims any warranty of accuracy, completeness, and all other implied warranties. Your use of this website and all information, products and services made available through this website is at your own risk. You agree that The MBJ Group PBC, will not be liable for any special, indirect, incidental, consequential or punitive damages or any other damages whatsoever arising out of your use or inability to use this website or any information, products or services, whether based on contractual, statutory, tort or other grounds. The MBJ Group PBC, disclaims any responsibility for any actions taken as a result of the information displayed on any pages of this website.